Section 11 of the Consumer Credit Act 1995 makes it an offence to make a demand for payment by means calculated to cause alarm, distress or humiliation; falsely to represent that legal proceedings have been or will be issued; or falsely to imply official sanction or authority.
What That Rules Out in Practice
Threatening proceedings you do not intend to bring. The commonest breach, and one many creditors commit without thinking — “proceedings will issue on Friday” when nobody has instructed anybody is a false representation, not a negotiating position. Implying criminal consequences for a civil debt. Not paying an invoice is not an offence, and suggesting it is misrepresents the position. Documents styled to resemble court papers. Anything designed to make a recipient believe it came from a court or an official body. Repeated contact designed to wear a person down — frequency and timing can themselves make a demand one calculated to cause distress. Contacting an employer, family member or neighbour about someone’s debt. Language intended to shame. The provision is worth reading against any template found online, because a good deal of material in circulation would sit uncomfortably with it, and using it is how a creditor manufactures a problem the debt itself did not have.
Why Creditors Should Care as Much as Debtors
Three reasons beyond the obvious one. First, it is a criminal provision, not guidance — the consequences of getting it wrong are not merely reputational. Second, and more immediately: if proceedings follow, that letter will be read by a court. An intemperate or inaccurate demand shapes the view formed of the party who sent it, and can undermine an otherwise straightforward claim. Accuracy in a demand is self-interest rather than manners. Third, aggressive demands are tactically counterproductive: they produce a defensive debtor, they harden positions, and they frequently prompt a dispute where none existed. The most effective demands are short, precise and unemotional — they state who is owed what, on what basis, by when, and what follows. That is the whole of it. For anyone being pursued: if a demand you have received does any of the things above, mention it to whoever advises you, and remember that free independent advice is available from MABS. Mortgage arrears fall under a separate regulatory framework entirely, with its own requirements on how lenders must engage, and the Abhaile scheme provides free access to financial and legal advice there.
This is why the firm behind this site is a law firm and not a collection agency. How a debt is pursued matters, not only whether it is owed — and a recovery model built on pressure rather than process tends to breach the rules and lose the cases.
Questions on either side of a demand: 01 5827148.
Richard O’Shea — Solicitor
Solicitor at Mary Molloy Solicitors, established 1981, with offices at The Ormond Building on Ormond Quay — a short walk from the Four Courts. The firm advises creditors on recovery and enforcement, and, in separate matters, advises debtors who have received demands or proceedings. It is a law firm and not a debt collection agency: fees are agreed in writing at the outset and are never calculated as a percentage or proportion of what is recovered. 01 5827148 · richardoshea@marymolloysolicitors.com · LinkedIn
General information, not legal advice. This website contains general information about Irish law on debt recovery and enforcement. It is not legal advice and does not create a solicitor—client relationship. Every debt turns on its own facts — the documents, the dates, the parties and the debtor’s circumstances — and advice on yours requires a consultation. Statutory thresholds and figures referred to on this site are subject to change and should be confirmed before any step is taken.
A law firm, not a debt collection agency. Mary Molloy Solicitors provides legal advice and representation. It does not operate as a debt collection agency and does not conduct collection campaigns. Fees are agreed in writing with the client at the outset and are never calculated as a percentage or proportion of any sum recovered. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
No outcome is promised. Nothing on this site states or implies that any debt will be recovered, that any asset will be found, that any enforcement step will succeed, or that any claim will succeed. Recovery depends substantially on the debtor’s means, which are frequently unknown at the outset.
How payment may be demanded is regulated. Section 11 of the Consumer Credit Act 1995 makes it an offence to make a demand for payment by means calculated to cause alarm, distress or humiliation, or falsely to represent that legal proceedings have been or will be issued. Nothing on this site should be read as encouraging any such conduct. Mortgage arrears on a principal private residence are dealt with under a separate regulatory framework and are outside the scope of this site.
If you are the person being pursued. Free, confidential and independent money advice is available in Ireland from MABS, the Money Advice and Budgeting Service, and through the Abhaile scheme for people in mortgage arrears. You do not have to engage a solicitor to get help, and taking advice early generally improves the options available. This firm advises debtors in matters separate from those in which it acts for a creditor, and never both sides of the same debt — conflicts are checked before any substantive discussion.
Tax. Nothing on this website is tax advice. Questions about VAT on recovered sums, bad debt relief or the treatment of write-offs belong with your accountant or tax adviser and with Revenue’s own guidance.