I was asked today by a client what to do as they’re being pursued by a debt collector for a debt which could not possibly be owed (in this case service charge on a lease long since sold) – what can the client (or ‘victim’) do about the debt collector’s mistake if they do not owe the money but the collector keeps coming after them?
There is an answer – the case of…
Lisa Maria Angela Ferguson v British Gas Trading v British Gas Trading from 2009.
It’s a wonderful case!
“It is one of the glories of this country that every now and then one of its citizens is prepared to take a stand against the big battalions of government or industry. Such a person is Lisa Ferguson, the claimant in this case.”
Lord Justice Jacob
Link to the Protection from Harassment Act 1997 here
Essentially, British Gas Trading (‘BGT’) sent automated debt collection letters to Mrs Ferguson for bills which she did not owe. She sued for harassment under the Protection from Harassment Act 1997
British Gas failed ! A fantastic result by Mrs Ferguson.
They attempted and failed to argue that the automated letters were only computer generated and could not be considered harassment. They are in fact a form of harassment and the British Gashad its appeal dismissed. It is worth remembering this case. British Gas had to settle out of court after they lost the appeal, and it did not go their way!
Hopefully reminding the debt collectors of the consequences of a mistake like this could stop a problem exploding before it starts…