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Re: Sunrise
Hi Sunrise,
When you write to Westcot, I would make it clear that not only are you considering referring the matter to the OFT Consumer Credit Licensing Department, you are also considering making a formal complaint against them to the Information Commissioner's Office (ICO) and the police if the threats continue.
There is also a piece of legislation called the Protection from Harassment Act 1997. This very useful in dealing with DCAs who repeatedly make threats. If the threats occur on at least two occasions, grounds exist under Section 3 of the Act to seek an ex parte (without notice) injunction, restraining the DCA from continuing with the threats or getting anyone else to do so. You can apply to your local County Court for the injunction. However, this should be the last resort when all else has failed. There is case law - Ferguson -v- British Gas Trading 2009 - that means you can seek an injunction against a company.
Hi Sunrise,
When you write to Westcot, I would make it clear that not only are you considering referring the matter to the OFT Consumer Credit Licensing Department, you are also considering making a formal complaint against them to the Information Commissioner's Office (ICO) and the police if the threats continue.
There is also a piece of legislation called the Protection from Harassment Act 1997. This very useful in dealing with DCAs who repeatedly make threats. If the threats occur on at least two occasions, grounds exist under Section 3 of the Act to seek an ex parte (without notice) injunction, restraining the DCA from continuing with the threats or getting anyone else to do so. You can apply to your local County Court for the injunction. However, this should be the last resort when all else has failed. There is case law - Ferguson -v- British Gas Trading 2009 - that means you can seek an injunction against a company.
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