Debt Collectors – Dealing With Debt Collectors

As if being in debt up to your ears and knowing that there is currently no way you can possibly pay the bills is not bad enough, now the debt collectors haves started to call non-stop. You cannot even answer the phone anymore for fear that the person on the other end is going to start yelling and threatening you in an attempt to get you to pay a bill with money you obviously do not have. In this time of recession there are plenty of jobs in debt collection and these numbers are not likely to go down for the foreseeable future.

At the same time most people just stop answering the phone and take all of the letters that come in the mail and throw them away. For people like this, which is the vast majority of people, it seems that they hope be ignoring the problem long enough it will go away. Sadly it generally does not work this way as the problems will only get worse until you run into one of those debt collectors who file a case against you in court to force you to pay your bills.

Things Debt Collectors Might Do

Most debt collectors work on the basis that the people they call have absolutely no idea what their rights under UK law are and that many of the tactics the employ are illegal. Fortunately for your sake when it comes to dealing with debt collectors, there are many laws in place that protect you while leaving the collection agency very little to stand on unless they can prove the origination of the debt in a court of law.

Debt collectors most popular tactic is to call at all hours from the early morning until late in the evening, they may send you threatening letters that are made to look like they have come from the courts or they may even go so far as to start dropping by your house and in some cases threatening you or members of your family with physical violence. Others will tell you that they are going to take your personal possessions and sell them at auction to settle the debts.

The Law

In the UK debt collectors are strictly regulated as to what they can and cannot get away with. According to UK common law you have the right to refuse to allow anyone on your property unless they have a warrant or a court order granting them access. You must however notify any collection agency that sends someone to your house in writing that they will have to make an appointment to come to your house, at the same time you should inform them that you have no intention of making such an appointment.

If they persist in coming to your house after being notified, inform them they are committing a "Torte of Trespass" and that you view any further acts by them as harassment as defined in the Protection from Harassment Act of 1997. This same Act can be applied towards those unwanted phone calls as long as you send the debt collectors a letter stating that you are dealing directly with the original creditor and as a third party they have no authority in the matter.

While it can seem like your worst nightmare come true there are several legal avenues open to you when it comes to dealing with debt collectors and keeping your sanity. You should also contact one of the agencies such as the Citizens Advice Bureau to help you get your debt under control; these agencies can also get the debt collectors to stop calling you as long as you are working towards a solution.