S 40 Administration of Justice Act

[ODC]

Did you know that this has been repealled???

Well according to a missive I have from the upstanding Cabot Farcical. They told me that over 60 calls from their threat centre were not harassment and anyway S40 did not apply any more as it had been repealled. So if Cabot say it it must be true!!!!!

[Amethyst]

Re: S 40 Administration of Justice Act

Can't say I have seen any note of s 40 being repealed




for info



S.40 of the Administration of Justice Act 1970 provides that a person in England and Wales commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he –



(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress, or humiliation;


(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;


(c) falsely represents himself to be authorised in some official capacity to claim or enforce payment;


(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.


S.40(3) provides that paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose –

(1) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or


(2) of the enforcement of any liability by legal process.
It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
S.40(3A) provides that paragraphs (a) to (d) do not apply where what is done is a “commercial practice” .


A “commercial practice” is any act, omission, course of conduct, representation or commercial communication (including advertising and marketing) by a trader, which is directly connected with the promotion, sale or supply of a product to consumers, whether occurring before, during or after a commercial transaction (if any) in relation to a product (Consumer Protection from Unfair Trading Regulations 2008, Reg. 2). If however a commercial practice is unfair, it will be prohibited under the 2008 Regulations. As to what amounts to an unfair commercial practice.

The Consumer Protection from Unfair Trading Regulations 2008 No.
Debt Factsheets - Harassment of people in debt by creditors

[Curlyben]

Re: S 40 Administration of Justice Act

Lol of course it does, and I bet they failed to mention exactly what has repealed this

Any chance of a scan ??

[ODC]

Re: S 40 Administration of Justice Act

Hope this is big enough

[Curlyben]

Re: S 40 Administration of Justice Act

I like the "we reserve the right to reinstate telephone communication".
So that'll be the right that the repeal of s40 brings then will it

I do note that there is no mention of court enforcement, I wonder why.

Another perhaps

[jet_black]

Re: S 40 Administration of Justice Act

these people sound about as clued up as Robinson Way and Co!

[Curlyben]

Re: S 40 Administration of Justice Act

Lol, nope Cabot are worse than RW&c, if that's at all possible.

[ODC]

Re: S 40 Administration of Justice Act

Here we go

[jet_black]

Re: S 40 Administration of Justice Act

I haven't has the pleasure of crossing swords with these beings yet (although at the rate I am going it's odds on I will do). Do they seriously think that they can simply type up a letter, sling in a few long "legal" sounding words and we just swallow it? Idiots!

[ODC]

Re: S 40 Administration of Justice Act

They obviously think everyone is as stupid as they allegedly are, They really bring stupidity and crass incompetence to a new level.

This statement by them must rate on a par with the infamous ''Valid even if not read by you''

[jet_black]

Re: S 40 Administration of Justice Act

I love it when Robinson Way get to the "Where have we gone wrong" letter stage D'uh!

[Curlyben]

Re: S 40 Administration of Justice Act

Well that's 2 DCA's I have yet to cross swords with.
I must admit I can't wait to RoShmBo them personally

[ODC]

Re: S 40 Administration of Justice Act

In spite of their threats they have NOT resumed with their telephone threat calls. This is probably due to the fact that I informed them that ALL calls were recorded.