| Joined: | Mon Apr 2nd, 2012 |
| Location: | Carthew, Cornwall, United Kingdom |
| Posts: | 6880 |
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Eric, that is illegal in the UK. A criminal offence; section 40,1,a of the administration of justice act 1970 I think from memory... Amazing! Yes, I was right.
http://www.legislation.gov.uk/ukpga/1970/31/part/V
I came across this when somebody bounced a cheque on me and I 'mentioned' it to a mutual friend. I got my money but also a stern warning from the mutual friend, who happened to be a solicitor.
That's why debt collectors use unmarked vans and letters are marked for addressee only, It is an offence to 'shame' a debtor, like the practice of pinning bounced cheques on shop notice boards.
Had the debtor known about that, whoever placed that public notice on the website could have been in hot water.
Yet another case of the law making an ass of itself.
Section (a) is completely out of touch with reality and encourages the non-payer to continue with their unjust actions. A debt is a debt.
Also it could be argued that the notice was a reminder and not calculated to cause alarm, distress or humiliation. Once again the law is poorly framed. It should say may cause or likely to rather than calculated. Calculated implies that there is a formula for causing alarm, distress or humiliation. Apart from brute force GBH some people are so thick skinned that nothing will cause alarm, much less distress or humiliation!
Legislation really should be kept away from lawyers! They tend to frame it in a way that guarantees them business rather than delivery of justice.
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Still learning after all these years!
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