Debt / Bailiff Company for continuing harassment:
[YOUR NAME & ADDRESS]
[DEBT COLLECTION COMPANY’S NAME & ADDRESS / BAILIFF’S NAME & ADDRESS]
Your Ref: [DEBT COLLECTION / BAILIFF REFERENCE]
Dear Sir / Madam
RE: YOUR CLIENT – [THE CREDITOR]
I refer to your most previous letter to me dated [ENTER DATE] [and your persistent telephone calls – DELETE AS APPROPRIATE].
In reference to this matter, you are now making threats to my [home / business – DELETE AS APPROPRIATE]; and you are therefore found in Breach of statutory law, as detailed below:
1. s.40 The Administration of Justice Act 1970 –
(1) A person commits a criminal offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he –
(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation.
2. Protection from Harassment Act, 1997 –
(1) A person must not pursue a course of conduct:
(a) which amounts to harassment of another, and
(b) which he knows or ought to know, amounts to harassment of the other.
(2) For the purposes of this section, the person whose course of conduct is in question, ought to know that it amounts to harassment of another, if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
3. Communications Act 2003, s.127 – [DELETE AS APPROPRIATE]
(2) Misuse of communication, with the intent to cause annoyance, inconvenience or needless anxiety.
As a [Debt Collection Company / Bailiff Company – DELETE AS APPROPRIATE], you will acknowledge the Acts above, and should therefore not cause an abuse of your powers. You have however, gone beyond what is considered as ‘reasonable conduct.’
If you continue to harass me in this way, you provide me with no other alternative than to report this matter to The Financial Services Ombudsman and The Enforcement Services Association, and I will seek compensation, with application to bring about criminal proceedings against yourselves.
I would request that a payment plan is therefore initiated on this account, to an amount of [STATE MONTHLY AMOUNT] per month. I hope we can come to amicable agreement in due regard.
I look forward to your reply.
[PRINT NAME AND SIGN]