ChatterBank8 mins ago
Debts And Defamation/harassment
Hi,
Just wondered if any one knows the answer to this his.
If someone (A) owed money to someone else (B) and whether they get a court to ordering payments or a private arrangement to repay, can (B) publicly shame (A) about it or would it be classed as harassment or defamation or something?
Thanks
Just wondered if any one knows the answer to this his.
If someone (A) owed money to someone else (B) and whether they get a court to ordering payments or a private arrangement to repay, can (B) publicly shame (A) about it or would it be classed as harassment or defamation or something?
Thanks
Answers
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Hi Cassa
have you chucked out those awful tenants yet ?
to recap A is a debtor to B who is the creditor and B gets a CCJ ....
Nope it is true - so it cant be libel/defamation
Harassment is when you go around every day hammering on the door - hollering pay up you lousy so and so
it is not harassment to ask for the repayment of a debt - as a judge said to me.
I routinely copy and circulate CCJs to interested parties - including those who dont know theu are interested until they open the letter ( Landlords after me as in " why didnt you ask me for a ref and I would have told you I had a CCJ for non payment of rent".
private arrangement - I would leave them alone as they might stop paying and then you have to go to court but even that is straightforward as the private repayment scheme is an admission of debt - game over
have you chucked out those awful tenants yet ?
to recap A is a debtor to B who is the creditor and B gets a CCJ ....
Nope it is true - so it cant be libel/defamation
Harassment is when you go around every day hammering on the door - hollering pay up you lousy so and so
it is not harassment to ask for the repayment of a debt - as a judge said to me.
I routinely copy and circulate CCJs to interested parties - including those who dont know theu are interested until they open the letter ( Landlords after me as in " why didnt you ask me for a ref and I would have told you I had a CCJ for non payment of rent".
private arrangement - I would leave them alone as they might stop paying and then you have to go to court but even that is straightforward as the private repayment scheme is an admission of debt - game over
Lol no this is purely a hypothetical question.
On another site I regularly read someone is complaining that (A) has gone back to court and got th repayment dropped to 10% of the original order.
I remember years ago when I was a small person the local offi would name all the debtors who hadn't squared up their tab on a big board in the window. The shame always made them pay up pdq
On another site I regularly read someone is complaining that (A) has gone back to court and got th repayment dropped to 10% of the original order.
I remember years ago when I was a small person the local offi would name all the debtors who hadn't squared up their tab on a big board in the window. The shame always made them pay up pdq
I am not sure ed is right
NOT going around and telling them what the debt is and how much you want is a reason to chuck out the action in court
[lack of LBA or final demand ]
telling people a debt has not been honoured is commonplace
[ if it is disputed you are bound to have to go to court]
I had a relation go bankrupt and commented twenty years later
"The first sign is to fail to pay a debt - or ask for time to pay - and a queue forms outside your door"
and he said "yes it forms later that evening" [ and stretches around the corner]
NOT going around and telling them what the debt is and how much you want is a reason to chuck out the action in court
[lack of LBA or final demand ]
telling people a debt has not been honoured is commonplace
[ if it is disputed you are bound to have to go to court]
I had a relation go bankrupt and commented twenty years later
"The first sign is to fail to pay a debt - or ask for time to pay - and a queue forms outside your door"
and he said "yes it forms later that evening" [ and stretches around the corner]
yeah one of my awful ex tenants ( I did write to her bank manager with a copy of the CCJ and her new landlord - who then announced to me that she had paid the deposit and then no rent ) did that
£100 a month down to £45 - I accepted on the grounds that little money is better than none
the final pay off is more than my life expectancy
and I have made it clear to her that debts dont die on the death of the creditor and my execs will send in the bailiffs again if there is any funny stuff from her
£100 a month down to £45 - I accepted on the grounds that little money is better than none
the final pay off is more than my life expectancy
and I have made it clear to her that debts dont die on the death of the creditor and my execs will send in the bailiffs again if there is any funny stuff from her
The court will reduce the amount owed if the person owing it genuinely can not pay. The person owing the money can get a debt relief order which means that after 12 months the debt is legally written off.
The person owed the money can not go round publicly complaining that the court had written off all or part of the debit.
The person owed the money can not go round publicly complaining that the court had written off all or part of the debit.
PP I owe £9500 to Lloyd's bank , they have a CCJ & I pay £1 a month on it , as long as I keep up the payments they can do NOTHING! I am 66 so it will never be repaid. However I could take out a debt relief order, If I do this the entire debt and all my others will be written off after 12 months and they won't even get the £1 a month!
Debt relief order
https:/
We don't know what is actually happening here. B could be going round insulting A in front of other people, A could have a valid reason they think they do not owe the money.
https:/
We don't know what is actually happening here. B could be going round insulting A in front of other people, A could have a valid reason they think they do not owe the money.
Harassment of creditors is well covered under the law, here is a guide.
https:/
''Publicly shaming'' a debtor would come under ''harassment'' look at my link!
https:/
''Publicly shaming'' a debtor would come under ''harassment'' look at my link!
15 years or so ago when I was working full time the banks were throwing money at me, they kept increasing my over draft even with out me asking.
Now they are never going to get it back! I was bringing home £1200 a month with a £10,000 over draft!! that I did not even ask for! Got made redundant and the rest is history!
Now they are never going to get it back! I was bringing home £1200 a month with a £10,000 over draft!! that I did not even ask for! Got made redundant and the rest is history!
Apart from the subjective judgements which a court must make, to sustain a criminal conviction for harassment the behaviour must consist of “a continued course of conduct involving a number of events carried out by the same perpetrator(s) on the same victim”. A “number of events” has been determined to be two as a minimum, but usually to secure a conviction more than two would be needed. You will note from Eddie’s link “What counts as harassment” that most of the examples quoted meet that definition. They describe ongoing courses of action. A single threat of violence is not harassment but it would be if accompanied by other threats, intimidation or embarassment.
Simply stating once that “Mr NJ owes me £1,000 and went to court to get the sum reduced or written off” is not harassment. If it’s true nothing can be done, if it’s untrue it becomes a matter of slander (if spoken) or libel (if written) for the civil court.
Simply stating once that “Mr NJ owes me £1,000 and went to court to get the sum reduced or written off” is not harassment. If it’s true nothing can be done, if it’s untrue it becomes a matter of slander (if spoken) or libel (if written) for the civil court.
My thoughts on debtors in general is I don't rightly care if the bank gave out £1m overdrafts. If you spent it you owe it and to try and justify it as someone else's fault 'just because it was there' is not a reasonable excuse. It is a pathetic excuse.
Excuses, excuses blah blah blah. Oh by the way it will never be paid because I have found a really good wheeze on not actually paying for my stupidity. And I'm really proud of myself whoopee.
No debt should be written off until the debtor is dead and buried and the estate has paid it first. If that means nearest and dearest get nothing then so be it.
But that is just the way things are these days. Someone else's fault I am in debt and no way am I going to pay it back.
It is a pity you can't name and shame debtors but tbh there is very little in the way of shame these days.
Excuses, excuses blah blah blah. Oh by the way it will never be paid because I have found a really good wheeze on not actually paying for my stupidity. And I'm really proud of myself whoopee.
No debt should be written off until the debtor is dead and buried and the estate has paid it first. If that means nearest and dearest get nothing then so be it.
But that is just the way things are these days. Someone else's fault I am in debt and no way am I going to pay it back.
It is a pity you can't name and shame debtors but tbh there is very little in the way of shame these days.
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