Unfounded Court Threats Explained

Summary

Debt collectors in Wales must comply with the Consumer Credit Act 1974 and the Protection from Harassment Act 1997. Unfounded threats of court action can be considered harassment and are illegal. If a debt collector threatens court action without evidence, it may violate these laws. You can report such behavior to the Financial Ombudsman Service and should document all interactions. If taken to court, the debt collector must provide evidence of the debt. Consider seeking legal advice for further assistance.

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yes a debt collector contacted me about a debt i do not owe and could not possibly owe and threatened me with court action calling their 'pre-claim letter' a 'letter of claim'. their company name also has 'legal' in it, like they have some authority when they don't and aren't a legal firm. When i told them i do not owe the debt and was not even named on the account, they again threatened to take me to court and said i would be frustrating the court system unless i complied with them. they said i should get the person who is liable for the bill to contact them. i said i want to be paid if they want me to do their admin as i'm not responsible
That sounds really frustrating. Here are some steps you can take:
- Write to the debt collector disputing the debt and explaining you are not liable.
- Request they cease all contact with you.
- Report their behavior to the Financial Ombudsman Service.
- Keep copies of all correspondence.
Would you like contact details for the Financial Ombudsman Service?
I have made a complaint with the debt collector i was just wondering what law it would come under
In Wales, the law that covers your situation is primarily the Consumer Credit Act *. This act regulates debt collection practices and prohibits harassment and unfair practices. Additionally, the Protection from Harassment Act * can be relevant if the behavior of the debt collector is considered harassing.
Would you like to know more about how to proceed with your complaint or any specific actions you can take?
they are claiming that it would be protection from harassment act and that they are not harassing me
Case Rating: *
It seems like the debt collector's behavior could indeed fall under the Protection from Harassment Act *. Here are a few points to consider:
- Harassment is defined as behavior that causes alarm or distress.
- Repeated, unwanted contact can be considered harassment.
- The act does not require the behavior to be physically threatening.
Would you like more information on how to proceed with your complaint or any specific actions you can take?
does someone making threats of court action come under protection from harassment or the other act you said?
Case Rating: *
In Wales, making threats of court action can be considered harassment under the Protection from Harassment Act * if the behavior causes alarm or distress. It can also be addressed under the Consumer Credit Act * if it involves false claims or unfair practices by debt collectors.
Would you like more information on specific actions you can take regarding your complaint?
would this count as false claims?
Case Rating: *
In Wales, making unfounded threats of court action by a debt collector can be considered both harassment under the Protection from Harassment Act * and a violation of the Consumer Credit Act * if it involves false claims or unfair practices.
Would you like more information on specific actions you can take regarding your complaint?
can someone take you to court for a debt you don't owe even once you have explained you dont owe it
Case Rating: *
Yes, someone can take you to court for a debt you don't owe, but if you can provide evidence that you don't owe the debt, the court will likely rule in your favor. It is important to gather all relevant documentation and evidence to support your case.
Would you like more information on how to prepare for a potential court case?
are you responsible to provide that evidence or is it up the the debt collector?
Case Rating: *
In Wales, if a debt collector takes you to court, they must provide evidence that you owe the debt. However, you should also gather and present any evidence that supports your claim that you do not owe the debt. This includes any correspondence disputing the debt and any other relevant documentation.
Would you like more information on how to prepare for a potential court case?
so would the debt collector be able to court if they have no evidence of the debt, such as in this case where they don't even know the name
Case Rating: *
If the debt collector has no evidence of the debt, it would be difficult for them to succeed in court. They must provide credible evidence that you owe the debt. If they cannot do so, the court is likely to rule in your favor. Keep all related documentation and correspondence as evidence.
Would you like more detailed information on how to prepare for a potential court case?
is it right of the debt collector to say they will take me to court even after ive said it's not my debt?
Case Rating: *
No, it is not right for a debt collector to threaten court action after you have disputed the debt. This could be considered harassment under the Protection from Harassment Act * and a violation of the Consumer Credit Act *.
Would you like more detailed information on how to handle their threats or proceed with your complaint?
they did say first they will speak to the agency they were collecting on behalf of
Case Rating: *
It's definitely frustrating dealing with this situation. Given the information you've provided, here are some steps you can take:
- Document all interactions with the debt collector.
- Continue to dispute the debt formally in writing.
- Report the debt collector to the Financial Ombudsman Service.
Would you like more detailed information on how to handle their threats or proceed with your complaint?
and follow their instructions
Case Rating: *
It seems like you have taken appropriate steps in dealing with the debt collector's unfounded threats. Here are some additional steps you can consider:
- Keep all correspondence and documentation.
- Contact the Financial Ombudsman Service for further assistance.
Would you like more detailed information on how to handle their threats or proceed with your complaint?
yes i am writing back to them for a deadlock letter. in their response to my complaint they simply state they think their behaviour has been reasonable and not harassment. what can i say to prove what they have done is unreasonable, what sections of those acts should i point out?
Case Rating: *
Here are some key points and sections from the relevant acts to highlight in your response:
- Protection from Harassment Act *:
- Section *: Prohibition of harassment.
- Section *: Offence of harassment.
- Emphasize any repeated, unwanted contact causing alarm or distress.
- Consumer Credit Act *:
- Section *: False claims and misleading statements.
- Point out any false claims or aggressive tactics used by the debt collector.
Would you like more information on drafting your deadlock letter?