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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
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My husband is a professional man who unfortunately has got

Customer Question

My husband is a professional man who unfortunately has got into financial difficulties due to severe mental health problems & is no longer able to work He has tried to commit suicide on previous occasions & is a a very vulnerable man. He suffered a serious deterioration in his mental health following a significant overdose & admission to hospital on 5/8/15. This was related to a harassment by a creditor on their insistence he attend court for an order to obtain information & questioning. They are the only creditor who has acted in this way & failed to acknowledge that he is vulnerable due to his mental illness. He is under a psychiatrist & the company concerned have received a doctors letter but they have refused to acknowledge any of this. we saw his GP this morning & he is writing another letter nu cannot understand why they won't acknowledge the seriousness of his condition. he is very unwell & is due to attend court tomorrow& I am very concerned for his safety & wellbeing as he is not well enough to attend. The debt collection company are aware of everything & already have a charge on his former business premises. When I spoke with them I was told that if he did not attend court he could be arrested & did not want any medical evidence. In desperation on Thursday I rang the creditor & spoke to an account manager & told her how distressing this was . I offered a payment on my credit card of just under 50% of the debt. She said she did not know if she could take the payment as it was with the debt collectors. I said I did not want to speak with the debt collection solicitors as the woman that was dealing with it was very intimidating and caused serious distress to me & my husband. The account manager then asked for my credit card details & said she would get back the following day. She did not get back but debited my card anyway. I telephoned to speak with her & she avoided my calls until 12noon today as I had left a message with another member of staff that if I did not hear back by that time I would call the police.
She said she had spoken with the debt collection solicitors & they said to take the payment anyway. She said they would still be pursuing the court action for tomorrow & it was nothing to do with her.
I explained to her that there are laws to protect vulnerable people from harassment by creditors & that her company have engaged the debt collectors. the finance director & the MD of the company are aware of this & have received a doctors letter but refuse to acknowledge or reply to me.
I am very concerned about my husband's safety & am fearful of what he may do. I told the account manager this but she was not interested. They seem to think they can do what they like & harass a suicidal man. Maybe their plan is to push him over the edge & claim on his estate. Their action is causing my husband serious alarm & distress & is psychological harassment which I believe is a criminal offence. Please could you get back to me urgently
Thabk you
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. I am sorry to hear of this.You are correct under S.40 of the Administration of Justice Act 1970 it is a criminal offence to pursue someone for a debt so as to cause them harassment and distress. They are pursuing him because they think that they can, I would strongly recommend that you get a local solicitor of your own to respond to them because once they see the headed paper of a law firm, it will give the message the added gravitas that you have been advised and know your rights. In terms stopping them, if you have sufficient (i.e a record of them pursuing him) then I would consider going to the police - otherwise you should consider complaining to trading standards as well .Unfortunately though if your husband does owe the money he will have to come to some arrangement (or you will as his carer). Would he be able to give you a Power of Attorney so they have to deal with you directly?