Debt Collection

[dylanfanatic]

a friend is employed as a cleaner at Asda, the company sub contracts to a firm called 'asda aces' she works 5-00am thru 2-00pm 5 days a week and has Tuesday/Wednesday off. Some years ago she got into debt, and a company called Robson Way Ltd debt collectors got involved. They continued to harass her. Today, she phoned me in great distress (she is 63) to say that these ****** had phoned her supervisor at work asking if she still worked there, what her job position was, etc., 'asda aces' manager refused to disclose this info (rightly). Has she grounds for a court case against Robson Way for phoning her at work and saying they were debt collectors?
Thanks folks for your help.
Bob

[Buenchico]

Harassment for debt is a criminal offence but I can't see that the circumstances you describe would fall foul of that legislation. (An example of circumstances which might constitute 'harassment' occurred when a Sheffield newsagent filled his windows with signs saying things like "Mrs Martha Briggs of 43, Downton Crescent owes this shop £43.47". The police visited him to tell him that his actions might be breaking the law).

Further, I can't see that it's likely that the Data Protection Act was breached. It might have been if the caller said "Mrs Smith owes Capital One Bank £2745.68, which has been outstanding since March 2012" but simply indicating that "Mrs Smith owes someone some money" would probably not be deemed illegal as there's insufficient 'data' in the statement for such a ruling.

In general, anyone has the right to phone another person and enquire about a third party. (e.g. I could phone the Queen's secretary and ask what colour knickers the Queen wears, without breaking any laws). It's up to the person receiving the call to decide whether it's desirable, or legal, to disclose the information requested.

'Harassment' can't occur through a single action. There has to be repetition of relevant actions (e.g. if the debt collector kept phoning your friend's employer at frequent intervals) or continuous action (as with my example of the newsagent).

Further, if if there were grounds for a court case, I can't see any way that it could be publicly funded. Your friend would have to find the money to fund the case (which, presumably, she hasn't got) and run the risk of losing and having to pay the other side's costs as well.

[Peter Pedant]

No she hasnt a case
for a start - what is her loss ?

[factor-fiction]

I agree with the above, provided that too much private information wasn't revealed by the caller "we are trying to recover some money" or it wasn't slander " She's a thieving ***** (my asterisks)". I expect the debt company is trying what it can to recover money it's owed and has become frustrated that the normal channels are not working.

[themas]

The Financial Conduct Authority issues guidance to creditors and debt collectors over what they can & cannot do. I'm not able to check it, but I believe that approaching a third party in this way may be one of the things which breaches the code.

I suggest your friend goes to the local CAB. They will be able to access the guidance & advise on any possible action. (It would certainly not be a Court claim.)