Debt Collectors

Debt collectors are the equivalent of flies round a turd,

If you legitimately owe a company money then pay what you owe and be done with it.

When companies involve debt collectors they are saying that the debt is either:-

  • Unrecoverable due to time and costs involved to process and take legal action without guaranteed outcome.
  • The contract is void or voidable and the company knows that legal action would result in uncertain/negative outcome.
  • The company has a vexatious claim that they know would be thrown out of court.

So it is now certain that as soon as Debt collectors are involved the chance of court action is less likely.

Debt collector will claim right to act on behalf of companies and impose penalties.,But they have no right to!

  • Third parties have no claim on contract losses
  • As per the parking section private organizations can’t impose penalties, only recover actual losses if they are directly party to the contract.
  • The bills of exchange act 1882 which may be found on www.legislation.gov.uk explicitly states that only the original parties to a contract may change the terms.

So what debt collectors do is imply the situation is one as they try to create joinder and contract you into an agreement that they can take you to court for default

Options

  1. Ignore Debt collectors-they are not court appointed Bailiffs.
  2. Write a communication stating you have no contract with them advising them of the bills of exchange act 1882 and the malicious communications act 1988. Further to this you remove your implied right of access to the property and state any further communication will be kept as evidence for harassment.

Any communication should be done via recorded delivery and the safest way to deal with doorstep callers is to close the door.

Administration of justice act section 40

The Administration of Justice Act 1970.
Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:
(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
© falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of :
(1) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
(2) of the enforcement of any liability by legal process.
It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

Thus if you receive numerous of these invoices I strongly suggest that you report the incident to the police.

The police are DUTY BOUND to investigate and act. you may have to have a ‘debate’ with the local Sgt to have them act on on you behalf, however if you are polite and firm then the police should take it on for you.

If they refuse then mention an IPC complaint without local resolution regarding the constabulary not pursuing statute enforceable act

So send a letter recorded delivery to company- they then can only
1) leave you alone
2) take you to court

If they harass you any more they will be committing a criminal offence if they are not already doing so!

Never sign anything your pressured into signing.

Protection from Harassment Act 1997

Protection from Harassment Act 1997

This is the second part to dealing with these parasites, if they really think they have a valid case- ask them to test it in court. If they continue after a recorded delivery letter stating take me to court- then they are no doubt committing harassment and you can ask police to pursue this and consider a Money Claim Online

Video them on private property with owners permission or public property as you are fully legally entitled to- for a record of events

Make them YouTube Stars

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