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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47376
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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How long do i have to claim a debt if i didn't chase a debt

Customer Question

how long do i have to claim a debt
if i didn't chase a debt of 19 month and gave the debtor 7 days to pay is this considered harassment
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
i am in UK not in USA
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Has the debtor accused you of harassment?
Customer: replied 1 year ago.
Yes, he wrote
"I have sought legal advice and have been told that to approach me after a year and give me 7 ‎days to pay before you contact a debt collection agency constitutes harassment‎"
Customer: replied 1 year ago.
I Responded
"‎[MM] what a load of Rubbish, a debt is payable whether demanded or not, i should not have to ‎approach you at all and can give you as much notice as i wish"Just wanted to make sure i am correct ‎
Expert:  Ben Jones replied 1 year ago.
It is highly unlikely that this will amount to harassment. The law on harassment states that a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions. Pursuing a debt in itself is not harassment and you may only become guilty if you engaged in tactics which may be viewed as harassment, such as constant phone calls, visits to their property, frequent letters/emails, etc. However, to do what you have done so far is not harassment – it is a reasonable attempt to pursue a debt and I do nto see how the law will see this as harassment. In terms of pursuing the debt you have 6 years from the date it becomes due to take it further so you have plenty of time to do so. Getting a debt collection agency may not necessarily be successful though because they cannot force someone to pay up – they can just threaten them and send letters, etc but you can do that yourself – so the best way to pursue this would be to consider going to the small claims court. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
thought so just wanted a confirmation, i am a landlord and know the avenues open to me to claim debtsgiven you *****have a great 2016
Expert:  Ben Jones replied 1 year ago.
Many thanks and all the best