My Lender Keeps Calling Me at Home! What Can I Do?
A short while ago I posted a template letter for you to use to stop your creditors (banks, credit card companies and other lenders) from harrassing you at home by phone.
Here’s another template letter you can use in the fight against aggressive lenders who will not take ‘Don’t Call Me at Home’ for an answer!
Name
Address etc
Date
Re account no xxxxxxxx
Dear Sirs
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.You are reminded of the following under 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:
1. (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;
2. (b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
3. (c) falsely represent themselves to be authorized in some official capacity to claim or enforce payment;
4. (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.
I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).
Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.
Be further advised that any further telephone calls from your company will be recorded. Yours faithfully, etc.
Copy and paste this text, fill in your details and send it to anyone who is harrassing you for debts.
Good Luck!
4 Comments
I will try this! How likely are they to listen though? Thankyou
Thank you so much for this template. I am going through a debt settlement company and they just mailed out the letters to these companies. I am being harassed everyday but especially by GE Money. I am going to get the address’ so send these to and get them out! Thank you again!
Thank you very much for posting this letter. It will be useful!
Will try this letter, thank you.