If there is a body of evidence showing that a credit card vendor harassed a debtor knowing that by so doing that debtor would suffer severe anxiety and stress; does this constitute a criminal offence under the Protection from Harassment Act.

If so, how would you go about bringing them to court.

Hello Big:

No, but he might have violated the "Fair Debt Collection Practices Act".

What, exactly, did they do?

excon

Quote:

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Originally Posted by Bigbelly

If there is a body of evidence showing that a credit card vendor harassed a debtor knowing that by so doing that debtor would suffer severe anxiety and stress; does this constitute a criminal offence under the Protection from Harassment Act.

If so, how would you go about bringing them to court.

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File with your State Attorney General for unfair collection practices - then see what the A.G. says and go from there.

Unless the creditor is outside the legal guidelines he/she can pretty much do whatever he/she wants to do, including proceeding to judgment.

If this argument worked every debtor would use it.

There IS intentional infliction of emotional distress but it's hard to prove and an expensive case. If you think you have a case - and the money to retain an Attorney - that would be the way to go but I wouldn't expect much.

If you have sent them in certified mail a letter informing them not to contact you by phone any more, they can be sued in civil court for every contact you can prove.

If you have never written them not to call you, they may call you to collect the debt.

[Bigbelly disagrees: My question seem to have been answered according to US law, whereas under UK law it would seem that this answer is incorrect as all financial institutions who deal direct with the public are subject to a strict code of conduct in all matters.]



I obviously didn't realize you were in the UK - sorry.

It seems that you already know the answer to your question so I'm not going to research -

Comments on this post

Bigbelly disagrees: My question seem to have been answered according to US law, whereas under UK law it would seem that this answer is incorrect as all financial institutions who deal direct with the public are subject to a strict code of conduct in all matters.

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

Nowhere in your post did you mention that you were asking about UK laws. Nor does your profile indicate being from the UK. Therefore it was totally unfair for you to give Judy a negative comment because she answered based on US laws. We can't be faulted for giving an accurate answer if you don't provide us enough info.

Quote:

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Originally Posted by JudyKayTee

[Bigbelly disagrees: My question seem to have been answered according to US law, whereas under UK law it would seem that this answer is incorrect as all financial institutions who deal direct with the public are subject to a strict code of conduct in all matters.]



I obviously didn't realize you were in the UK - sorry.

It seems that you already know the answer to your question so I'm not going to research -

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JudyKayTee,

Sorry I gave you a negative and dissagreed but I thought this was a UK and US site: I am UK based and I should have made that clear. Please disregard my response.

Bigbelly.:confused: