How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78471
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Have problem with debt collection company and want to

Customer Question

Have problem with debt collection company and want to proceed with harassment charges..
JA: Because laws vary from place to place, can you tell me where this is?
Customer: Plymouth
JA: What steps have you taken so far?
Customer: This was regarding a parking ticket outside a garage I put my vehicle into.. the parking company put a ticket on it.. the garage contacted them and said mistake forget about it... next thing debt collection company send me a letter.. contacted the parking company they said rare up the letter we will sort it...
JA: Anything else you want the Lawyer to know before I connect you?
Customer: This was in August last year I must have rung parking company 1000 times now blocked my number they said nothing to do with them it’s off their system... debt collectors keep harassing... it has now got to a point it was defiantly a contributing factor in my relationship break up as she thought they would come to the house, and did not believe I had dealt with it... now over a year later it’s still going on..
Submitted: 15 days ago.
Category: Law
Expert:  Jo C. replied 15 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 15 days ago.

Hi I’m not sure what your question is? Are you asking if you are liable?

Customer: replied 15 days ago.
No... I’m not... parking company revoked the ticket last year as it was issued by mistake
Expert:  Jo C. replied 15 days ago.

Okay, so what’s your question

Customer: replied 15 days ago.
Can I now proceed with harassment against the debt collection company.. they know the situation it’s all been explained they say they record all phone calls so must know.. I’m done trying with them.
Expert:  Jo C. replied 15 days ago.

Thank you.

I am sorry but I cannot give you good news. I'm afraid you are in difficulty here.

I have to tell you the truth.

You could always try to sue and harassment.

There are two problems. The first is that they will probably say that they have a lawful cause because they are chasing in a debt. That might be erroneous but the difficulty is that one side always loses in court

Effect of that ruling would be that anybody who claimed did not succeed could be sued in harassment.

The second is that you have suffered no loss that can be quantified and that is the basis of a claim and harassment. You may get £100 for pain and suffering but not much more and so the short answer is it isn’t worth it.

I am sorry but it would be wrong of me to avoid giving you the downside of your position.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.

The ultimate decision comes from a county court judge in a civil case or from the magistrate in a criminal case heard in the magistrates court or the jury in Crown Court.

Hope this helps. Please let me know if you need more information.

Please remember to rate my answer 5 stars because giving a 5 star rating really helps me.

Jo

Customer: replied 15 days ago.
I understand all that.. but there are 3 parties here... me.. the parking company.. and the debt collector who is saying they are acting on behalf of the parking company.. one of those two is clearly lying
Expert:  Jo C. replied 15 days ago.

Yes or more likely just mistaken and incompetent

Customer: replied 15 days ago.
I believe the parking company have told them.. they keep harassing anyway in the hope I will just give in and pay..
Expert:  Jo C. replied 15 days ago.

Yes, probably.

Customer: replied 15 days ago.
that is ok
Expert:  Jo C. replied 15 days ago.

It doesn’t make it harassment for the reasons I’ve explained. This is debt collection which is what they do. I suppose you could try to argue that they know that they don’t have a good reason but it is not likely to succeed and you have to factor in the risk of costs

Customer: replied 15 days ago.
But if I get the person from the parking company to appear and say he revoked it a year ago then surely that’s it over
Customer: replied 15 days ago.
The debt collectors have no case
Expert:  Jo C. replied 15 days ago.

That doesn't make it harassment.

It just means it is misconceived

Customer: replied 15 days ago.
Ok... never mind..
Expert:  Jo C. replied 15 days ago.

Noproblem.

Allthe best.

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Rememberthat I am always available to help with your questions. Even if I amin Court I will usually pick up a question within 12 hours. For futureinformation, please start your question with ‘For Jo C’. You can also bookmarkmy profile http://www.justanswer.co.uk/law/expert-remus2004/