How can I deal with aggressive debt collectors?
November 10, 2017
Dealing with debt collectors can be a highly stressful experience, but when they’re aggressive in their techniques, how do you deal with it? Strict regulations surround the collection of debts, and it’s against the law for debt collectors to act aggressively, intimidate or bully, or intimate they can carry out certain enforcement actions when in reality they cannot.
So what do you do when a debt collector contacts you and acts aggressively whilst trying to collect a debt, whether in person, on the telephone, or by letter?
Find out as much as possible about the debt
It’s not uncommon for the wrong person to be chased for an unpaid debt, so the first step is to confirm whether you do actually owe the money. You can do this by writing to the debt collection agency, as they’re obliged to provide you with the original credit agreement. Also inform them that you only want to communicate by letter – this should put an end to phone calls or visits to your home.
If you owe the money they’re trying to collect and can to pay some or all of it, it’s advisable to do so – it will prevent any further escalation of a stressful situation. Should you be unable to pay anything towards your debt, however, you may be able to negotiate a new, more affordable repayment plan.
What aggressive actions might a debt collector take?
- Attempting to force their way into your home – debt collectors have no right of entry into your property, and should only enter if invited. They must also leave when requested. You don’t have to answer the door when they arrive, however, and this can sometimes be the best option if you’re not sure of your rights.
- Telling you they have power to seize your possessions – a debt collector might tell you they’re going to remove possessions from inside or outside your property, but they have no such authority. Only bailiffs can seize goods and possessions in repayment of a debt.
- Saying they can deduct repayments from your wages without a court order – debt collectors require court authority before money can be taken from your wages.
Scotland Debt Solutions has been helping Scottish residents to escape debt for over 25 years. Our expert team has extensive experience of advising clients when debt collectors use aggression as a means to obtain payment – we will make sure you understand your rights, and the best way to proceed. Contact us today for a free same-day meeting.
If you’re worried that the council might take action against you for non-payment of council tax, entering into a Scottish trust deed can be a beneficial step. It stops legal action by all creditors included in the arrangement, and provides a ‘safe haven’ from which to regain control of your finances. As council tax arrears […]
A debt payment programme (DPP) remains on your credit file for six years, along with other default markers and court judgments that have been made against you. This can seriously affect your ability to borrow for this period of time, and longer. Even if you can secure borrowing, lenders are only likely to offer unfavourable […]
If you owe a debt of £5,000 or less, your creditor may send you a Simple Procedure Notice of Claim. This is a relatively new procedure that was brought in by the Scottish government and commenced on 28th November 2016 – their intention being to make it easier to resolve debt disputes. So if you’ve […]
A Bankruptcy Restriction Order may be made against you if it’s believed that you acted dishonestly, recklessly or unlawfully before you were made bankrupt, or during your bankruptcy. Your Trustee will inform the Accountant in Bankruptcy (AiB), and if their suspicions are upheld, a BRO of 2-15 years can be made depending on the seriousness […]
Debt payment programmes (DPPs) are an intrinsic part of the Debt Arrangement Scheme, which allows you to pay off unsecured debt at an affordable rate. If a debt payment programme is rejected by one or more creditors, the DAS Administrator can apply their discretion on whether to approve the plan, after using a test to […]
If you’re struggling to pay your unsecured debts, a debt payment programme could help you to regain control of the situation, and become financially stable again. Debt payment programmes are a fundamental part of the Debt Arrangement Scheme (DAS) in Scotland, and allow you to repay over a longer period of time. These programmes involve […]