• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

harassment and defamation

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • harassment and defamation

    * Hi All

    This is a request for legal perspective on a personal debt, where the creditor is harassing me and driving me nuts.

    Threats include discussing this debt with my family, defaming me with friends, getting his solicitor involved, various pressure tactics and insults. They have threatened to share publicly my private texts to them sent in confidence, which reveal my vulnerable state during the tough phase.

    I am out of work and have promised to repay the debt through new loans asap, but the person is adamant on humiliating me and have said they dont care about their money anymore but will teach me a lesson.

    Need any advice please. Is it not illegal to discuss debts with family etc? What are my options to make this harassment stop?

    Thanks in advance

    ----------------------------------------------




    Below is advice from another forum- any thoughts?

    Talk to the police on 101.
    Some pressure is valid even if tawdry. But conduct that becomes oppressive is not acceptable. His admission that this is not actual about money but about humiliation lends credence to an argument this is now simply harassment.
    In my view the only acceptable behaviour here would be his threat to see a solicitor. The rest is improper, given the context.



    Thanks


    (1) I am certainly going to the police as there seems enough grounds to do so.




    (2) Meanwhile, can I also send them a "Cease and Desist" letter and remind them of my legal rights ? (I am in England).




    (3) Regarding his threat of discussing with family, I want to tell them legally they should stop, can I use any of the following ? :

    a) Doesn't the Harassment Act 1997 offer protection for this? The Citizen Advice website also lists the following as harassment : "telling someone else about your debts or using another person to pass on messages, such as a neighbour or family member".

    https://www.citizensadvice.org.uk/de...-by-a-creditor

    b) Disucssing with family etc. harms reputation. What is your view on Right to Reputation under article 8 ECHR : "Your right to reputation is enshrined as a human right under Article 8 of the European Convention on Human Rights (ECHR"

    https://www.freeths.co.uk/legal-serv...n-and-privacy/

    c) With regards to data protection legislation, would personal texts written solely for the recipient be allowed to be shared with others without my permission? Particularly as they reveal my vulnerable position?

    Thanks again




    *
    Tags: None

  • #2
    Is this debt a consumer finance matter? If so then they have some issues see the link to Harrison v Link in my signature.

    If its not a consumer debt then there is still plenty of things you can do but that advice above isnt what id be advising thats for sure. And Data Protection and GDPR is part of my practice too, and i have been involved in Grace v Blackhorse a DPA case, so can speak with some knowledge of that area of law. Grace is in my signature too
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Originally posted by pt2537 View Post
      Is this debt a consumer finance matter? If so then they have some issues see the link to Harrison v Link in my signature.

      If its not a consumer debt then there is still plenty of things you can do but that advice above isnt what id be advising thats for sure. And Data Protection and GDPR is part of my practice too, and i have been involved in Grace v Blackhorse a DPA case, so can speak with some knowledge of that area of law. Grace is in my signature too
      Thanks for your reply.

      This is a personal debt between two acquaintances.

      How would you advice I procceed?

      Comment


      • #4
        Originally posted by Petersh View Post

        Thanks for your reply.

        This is a personal debt between two acquaintances.

        How would you advice I procceed?
        Sounds like he has been a very silly boy indeed, on the face of it, he is in a world of difficulty if what you say is right.
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X