Creditor Issues – All You Need To Know

May 7th, 2018 by

At DebtSolve.UK we can help you with all kinds of common creditor issues.

Issues with creditors’ are commonplace with people who are in debt, sometimes life gets to a point where debts’ are unmanageable and payments are missed resulting in creditor problems and sometimes, defaults and CCJs.

Some examples of common creditor issues include:

My creditors are still chasing me for debts I don’t even owe?

This issue can easily be resolved by contacting your creditor and mentioning that you have already repaid your debt (you may have to pass their security checks first), but this is a common issue that is generally easily dealt with.

I can’t afford to repay my debts that I’m being chased for

This is another common issue that is often addressed very effectively through either a debt management plan or an IVA (Individual Voluntary Arrangement), both of these can help with creditor issues.

Both of these debt solutions are appropriate for different circumstances so it is worth making contact with our advisers’ to discuss them further.

My Creditors are threatening bailiff action

If this is the case then there are a number of different ways to tackle this problem:

(1) Contact your creditors’ manually and renegotiate a repayment plan.
(2) Get a company to help you (like DebtSolve.UK) to manage your debts on your behalf.
(3) Contact an agency like “citizens advice” to get some free advice on dealing with creditors.

How Long Will My Debts Be Valid For?

We answer your question extensively on this page here, read this page for more information. This page will give you detail on how long debts last for, issues of statute barring, time limitations for the chasing of debt, and a range of other issues and information relating to them.

Harrassment From Creditors

Do you feel you’re being harrased by your creditors? Below is further information to help you if you feel this is the case.

Who Are Creditors?

For those that are unaware: creditors are the people that you owe money to. The “money borrowers” so to speak.

“Creditor” being the one who loans the money be it credit card/loan/other form of credit to the “debtor” the person “borrowing” the money.

What Counts As Harrassment From Creditors?

Things that are more likely to count as harrassment from creditors are as follows:

1) If they are asking you to pay money over and above the standard monthly repayment that you can’t afford, this may constitute harrassment
2) Contacting you at unreasonable times of day such as very early in the morning (before 6am) or very late at night (post 10pm) could possibly be considered as creditor harrassment.
3) Contacting you several times per day
4) Pursuing you on social media such as Facebook or Twitter or other social media websites
5) Pressurizing you into taking out more credit or trying to coerce you into the sale of assets
6) Using multiple (or more than one) debt collection agency to collect on the debt
7) Any threats (verbal or physical)
8) Sending emails or letters or other correspondance designed to look like a court letter, or implying they have taken court action when they haven’t
9) Informing other people of your debts outside of your immediate proximity or place of residence (unneccessary disclosure of debt)
10) Passing on your debt to a collection agency without informing you at any stage
11) Public embarrassment
12) False claims of working for Bailiffs or the courts
13) Stating that none payment of the debt is a criminal offense when it isn’t, or implying that legal action or court proceedings can be used when they can’t.
14) Ignoring your statements that you don’t owe the money (they are obligated to verify this)
15) Asking other people (unless they are down as a guarantor) to make the payment on your behalf

In addition to things not being permissible – there are a number of measures that can be taken by creditors that would not be considered harrassment or even unreasonable.

Legally Permissible Action From Creditors

1) Simple phone calls in relation to the debt that are not excessive (i.e not multiple times per day)
2) Sending letters to request debt repayments
3) Taking court action against you in the event of none payment provided this is done in an appropriate way having given opportunity to resolve the matter without court action.
4) Home visits (provided this is not outside of what would be considered a reasonable time of day)
5) Taking direct debits from your account that have been pre-arranged.

What Can You Do If You Feel You’re Being Harrassed By A Creditor?

Collecting Evidence Of Harrassment:

It would be a good practice to keep a personal record of any phone calls or visits being received from any and each creditor and/or debt collection agency in the event you feel you are receiving excessive levels of contact that is not facilitating the efficient collection of debt that is within the bounds of fairness (i.e if you are being contacted several times per day keep a record).

Keeping any letters and making sure they have dates on them, if not write down the date received.

If available any witness statements from people in the community (neighbours etc).

Keep any text messages saved.

Any recorded documentation keep in a file in a safe place.

Making Complaints To A Creditor

It is perfectly reasonable if you are having ongoing issues with a creditor to make a complaint with them.

One good way to do this is to do so in writing, also make a record of the letter before you send it to them, this way you have a record of everything you are doing.

In the letter you should include a request for them to stop contacting you and the basis for this, along with how it is not constructive and if neccessary propose times for contact and let them know times when you will be availiable to discuss any issues with them, this can help to set a contact schedule that works for all parties.

If you need help producing such a letter, a good place to get help with this would be citizens advice, you can find their website here: https://www.citizensadvice.org.uk/ you can contact them and ask them for advice in complaining to a creditor or creditor(s).

Complaining to a creditor can be surprisingly effective and can help you manage your debts and resolve harrassment, if you would like professional help in managing your debts, feel free to get in touch with us using the contact form at the home page.

Once the creditor has received your complaint, they must respond within 3 business days, they also must report the complaint to the FCA (Financial Conduct Authority) which is the professional body for the regulation of the practices of financial services organizations.

Complaints To Regulators Or Professional Bodies

The first port of call is to complain directly to the creditor, however if this does not resolve the issue for you then another good idea is to make a complaint to one of the professional organizations that regulate the financial services industry.

If using the bank, or finance companys’ complaints procedure doesn’t resolve the issue, there is also what is known the “financial ombudsman service” (FOS) here is a link to their complaints’ page: http://www.financial-ombudsman.org.uk/consumer/complaints.htm which is an organization that has trained professionals that can deal with your complaint(s) and help you to reach a resolution for your situation.

The financial ombudsman are an impartial, government supported organization that have an excellent reputation for handling consumer complaints, you may have to be patient as they receive a huge volume of complaints but it is good practice to make them aware of unresolved financial issues such as hassle from creditors.

If you would like to be enrolled on a debt management plan or an IVA (both of which address hassle from creditors amongst other useful benefits you can find out more about each at the following pages) Debt management Plans (DMP’s) & IVA’s get in touch with us to see if you qualify.

More Creditor Related Questions:

How Long Can My Creditors Chase Me For Debts?

Can I Stop Creditors’ Chasing Me For Debt?

Can My Creditor Take Me To Court?

Harassment From Creditors: How Can I Tell?

 

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