Unfair And/Or Deceptive Methods Of Debt Collectors - UK

by Thomas Vargo

Dealings with debtors are not to be unfair and/or deceitful.

Examples of unfair practices are as follows:

a) Sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, sending a payment demand to all people sharing the same date of birth/name as a debtor in the hope that contact with the correct debtor will be made or threatening debt recovery action to 'the occupier'.

b) Disclosing debt details to an individual when it is uncertain that they are the debtor in question, for example, disclosing details to 'the occupier' of an address.

c) Refusing to deal with authorized or appointed third parties, such as money advisers, independent advice centres or Citizens Advice Bureaux.

d) Bypassing the debtors appointed representatives or contacting debtors directly.

e) Operating a policy, without reason, of refusing to negotiate with debt management companies.

f) Passing on debtor details to debt management companies without the debtors' informed prior consent.

g) Failing to refer on to the creditor reasonable offers to pay by instalments.

h) Not passing on payments received within a reasonable time resulting in delays that adversely affect a debtor's financial position.

i) Failing to provide details as appropriate and/or investigate, when a debt is disputed or queried, possibly resulting in debtors being wrongly pursued.

j) Requiring an individual to supply information to prove they are not the debtor in question, for example, passports, driving licences, full name, signatures, or date of birth.

k) Not ceasing collection activity while investigating a disputed or reasonably queried debt.


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