Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

threatening letters and debt collection

  • 29-10-2009 7:09pm
    #1
    M007
    Registered Users, Registered Users 2 Posts: 237 ✭✭


    sorry if this has been covered before but i'm just wondering which act contains a penalty for issuing threats in relation to debt collection and do you know of any cases where it has been successful pleaded. Thanks


Comments

  • #2
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    Section 11, 1997 Non-Fatal Offences Against the Person Act.


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Also see section 49 Consumer Credit Act 1995


  • #4
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    The thing about the S. 11 NFOAPA 1997 charge referred to by Robbo is that it is a criminal offence to act as set out therein - someone who does that could be prosecuted. It doesn't offer a defence to the debt if the money is owed. You'll see in the section that it applies to demands which are calculated to cause alarm by their frequency, or demands which, broadly, misrepresent an entitlement to payment. But the creditor who acts in such a way or engages agents to do so does not lose a legal entitlement to be paid.

    Similarly enough S. 49 CCA 1995 prohibits and makes criminal threatening letters sent in relation to unenforceable consumer credit agreements - so it doesn't apply in respect of debts under consumer credit agreements which are in fact enforceable. Other parts of that act do apply in relation to how a consumer credit agreement can be enforced and failure to comply with those technical requirements would be a defence to an action brought on foot of poor practices, albeit the debt could still be relitigated in most cases. To repeat, the Act only applies to consumer credit agreements.

    So, threatening letters generally do nothing for the debtor if the money is owed, although granted they would not 'look great' to a judge. If you google 'viper' and 'debt collection' and 'injunction' and 'high court' you will likely find references to a case where a person successfully prohibited a person claiming to be owed money from engaging in threatening practices to attempt to recover that money. The person who got the injunction prohibiting this denied that the money was owed in any event, for completeness.


  • #5
    M007
    Registered Users, Registered Users 2 Posts: 237 ✭✭M007


    thanks i'll look into these.


Advertisement