Q. I am in dispute with Barclaycard regarding a disputed payment. Although correspondence is ongoing about this Barclaycard have appointed debt collection agents who are trying to bully me into paying with different people continually calling me at all times of the day and night 7 days a week. Initially, they didn't explain properly who they were and I was left with the impression that they were solicitors. I have instructed Citizen's Advice to help me with this but the debt collectors are ignoring them and are threatening to send a representative to visit me at home. Who can I complain to about the debt collector's conduct?
A. You should complain to Barclaycard initially as they are responsible for the actions of their debt collecting agency. If that doesn't work then you can complain to the Office of Fair Trading (OFT). The OFT can take action to revoke Barclaycard's credit licences if they or their agents are engaged in oppressive or otherwise unfair or improper business practices. Here , you would have grounds to complain in that they have:
- communicating with you in an unclear, inaccurate or misleading manner.
- misrepresented their authority.
- applied unfair pressure upon you by contacting you at unreasonable times and at unreasonable intervals.
- refused to deal with your appointed representative.
So far as home visits are concerned, they must give adequate notice of the time and date of a visit. If they simply knocked on the door without warning and you were happy to speak to the debt collector then that is ok. However, you should never be coerced into immediate discussions and so you are free to refuse them entry or to ask them to agree to a future visit at a more convenient time. The debt collector should respect your wishes. What is important is that you are given enough time to prepare.
Should you have a queries regarding a legal matter please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.
