What can a Debt Collector say?

There is clear guidance to a Debt Collector on what they can and cannot say. It is listed in the OFT Guidance document "Use, format and content of standard Debt Collection Letters". The Guidance says: 

 

The Office of Fair Trading has seen a number of standard letters issued by DCAs (Debt Collection Agents) which contain inaccuracies and omissions in their description of the debt recovery procedure and the legal process and which fail to mention that steps are required before enforcement action can be taken. For example:


* letters which set out the potential enforcement actions following non payment of a County Court Judgment (e.g. bailiffs seizing goods, employers deducting money from wages) without indicating that a further application to the court is required before enforcement action can be taken (i.e. to obtain a warrant of execution, attachment of earnings, charging order etc); or

* letters referring to bankruptcy and charging orders where it is not clear that staged process is involved.

Sending such letters, would in the OFT's view, potentially be an unfair or oppressive business practice in breach of paragraphs 2.2b, 2.4b and/or 2.6g of the DCG (Debt Collection Guidance)
 
 

You can download a copy of this guidance in the link below
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