administration of justice act 1970

by **LionsShare** Wed May 03, 2023 10:24 pm

purely FYI sect40 some may find it interesting there are other bits in there too.
https://www.legislation.gov.uk/ukpga/1970/31

Part V Miscellaneous Provisions
40 Punishment for unlawful harassment of debtors.

(1)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 a contract, he—

(a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any 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;

(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

(c)falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

(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.

by waylander62 Fri May 05, 2023 7:17 pm

c) is very interesting as a lot of debt buyers are NOT authorised, they use other parts of the 'company' who are authorised to 'administer' the debt. who are authorised. This is acceptable at a collection level but.... when a claim is issued then it is different,

* important* look who is chasing you and look who claims to be 'owner' ( they WILL be different companies )

however only the 'creditor' can bring a claim who would be the 'owner' of the debt

this has been argued before but 'judges' ignore this fact many many times, recently though a good solicitor has pleaded this at trial and won more than once, unfortunately only on appeal at county court level heard by a circuit Judge so not binding. However it is still a persuasive argument using case law although not binding.

to cap it...... adding this to an argument could add weight behind it ? worth a try.

administration of justice act 1970

administration of justice act 1970

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