What is "abusive debt collection" and how do I prove it?
Abusive debt collection encompasses any action taken by a lender or its agent that is intended to intimidate, humiliate, coerce, or cause emotional or reputational harm to a debtor. The law recognizes that you owe a financial debt, but your dignity and mental health are not part of the collateral.
Under the FCCPC's 2025 regulations, examples of abusive practices include:
- Using foul, insulting, or threatening language.
- Publishing or threatening to publish a list of "defaulters."
- Making false or misleading representations (e.g., "We will have you arrested immediately").
- Accessing your phone contacts without explicit permission.
- Contacting your employer or professional colleagues to shame you .
How to Prove It (Gathering Evidence):
Proving abuse is about documenting the lender's actions. Since cases often come down to "he said, she said," your evidence is your most powerful tool. You need to create a "paper trail" of their misconduct.
Example/Illustration:
Imagine the loan app sends you an email saying, "You are a common criminal. We will send soldiers to your house tomorrow if you don't pay N20,000."
- Screenshots: Take a screenshot of the threatening email or WhatsApp message. Ensure the phone number/email address and the timestamp are visible .
- Call Logs: Take a screenshot of your phone's call log showing 15 missed calls from the same number in one hour.
- Call Recordings: Be careful. Nigeria's evidence laws on one-party consent for calls can be complex. However, you can inform the caller, "I am recording this call to document your harassment." After that warning, you may have a stronger position. When in doubt, stick to written evidence (texts, chats).
- Witnesses: If they contacted your boss or family member, ask that person to save the message they received and write down a brief account of what happened. They can serve as a witness.
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