IS THIS HARASSMENT?

Ineed your advice. I received an automated text from my bank to pay my outstanding loan bill. Then I got a call from someone at some attorneys, who I believe is collecting on behalf of the bank. I acknowledged my debt and stated I will organise myself and get on with it.

What I have a problem with is how they call every day. More than 5 times they will call asking if I have paid. I find this annoying, more so I did tell them I don’t have the money now, but will pay soon as I can.

Secondly, who determines how much I should pay? The gentleman asked me, and I told him I can afford P1,000 since I’m unemployed now, but he says it’s not enough, and if I don’t settle the P26,000 in less than 6 months, they will send Sheriffs after me.

I just want to know how to handle this without getting myself into more trouble?

Firstly, let me say I respect you for acknowledging the debt. So many people do their best to avoid their responsibilities but you are doing the honest, responsible, grown-up thing.

I have a problem with how this attorney operates. And so does the law. Section 6 (1) of the Consumer Protection Act says that a supplier, such as your bank and the attorneys representing them, may not use “force, coercion, undue influence, pressure, duress, harassment, unfair tactics or any other similar conduct against a consumer” in the “execution or enforcement of an agreement to supply any goods or services”.

Clearly calling you five times a day is harassment. It’s also coercion, pressure and duress. It’s not acceptable. Yes, of course they’re entitled to remind you, encourage you and legally require you settle your debt but the law says they have to be decent about it. I’ll contact the bank and see if they can better control their dogs, sorry, I meant attorneys.

The best thing you can do is to get some debt counselling to see if you can sort out your finances. I’ll send you the details of someone I trust.