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Administration of Justice Act 1970

Debts can really be a problem not just for the debtor but for the creditor as well. Creditors lend money irresponsibly to individuals that do not fit their own lending criteria in order to secure commission but this usually results in the debtor not being able to repay the amount borrowed. This is especially true for Unsecured Loans or debts. However, there are times that no matter how diligent the creditor is in ensuring that the debtor is a good payer, there are times when the debtor still fails make repayments at all. Unexpectedly, the debtor may run out of finances or experience a change in circumstances. When this happens, he may need help with debts.

Debt help can sometimes be offered by the creditor through the use of a professional Debt Advisor. A debt advisor serves as a negotiator, counselor, and solves problems on the clients behalf with regards to their debts. Usually, creditors look for a debt advisor who is an expert and experienced on the field so that they can propose the most suitable debt help to debtors. In a scenario where the debtor refuses to take any debt help or still fails to meet payment arrangement whether it is Debt Consolidation Loan, Debt Management Plan, Bad Credit Loan or any other debt solution, the creditor may ask assistance from the court.

The Use of Coercion

There are times, however, that creditors can be impatient with debtors. They tend to use coercion rather than peace talks and negotiations. Although the act of coercion is in a way understandable in human terms, the law is still obliged to lift justice to debtors. This is when the Administration of Justice Act of 1970 is used to the debtors aid and shield them against possible harassment from creditors.

Administration of Justice Act 1970

The Section 40 of this act states the means in which creditors harass debtors to pay debts. The creditor who does the act specified in Section 40 will be considered a violator of the law. The creditor commits offense when:

  • The creditor harasses the debtor to pay to the point that the debtor and his family is threatened, distressed, or humiliated with the act of coercion in frequency or in manner that the creditor uses to collect the debt.
  • The creditor represents falsely about any unpaid debts in criminal proceedings.
  • The creditor represents falsely that they are authorized to enforce or collect payment.
  • The creditor makes documents that falsely represent a character or purporting official character that he knows is inexistent.

In addition to these, the creditor may also be offensive if he concerts with others to do the act described above.

The paragraph above is not applicable to any person who is legally authorised by legal process to implement enforcement. It is not also applicable to a person who is responsible for the act to secure his or her discharges of obligations or protecting himself from future losses.

To find out more about how the Administration of Justice Act can help you, contact us free.