Judging by our google analytics, there are a lot of people out there trying to find information about the consumer credit act 1974, and their rights when being harassed by creditors. At MRA Debt Help, we have produced an article on our website highlighting the main areas in the "Debt Collection Guidance" document produced by the OFT. This is not an exhaustive list, for more information you can call one of our debt counsellors on 01424 777156.
The guidance is there to stop creditors harassing those in debt by telephone, post and in person. For example, when contacting you by telephone your creditors should:
Contact you at reasonable times, and at reasonable intervals. This includes legitimate requests from shift workers asking not to be called at certain times of the day.
Not ask you to call back on premium rate telephone numbers.
Make it clear who they are, where they are calling from and why they are calling.
Creditors must make sure that all contact is clear and understandable. They must not use logos that imply they have government or public body backing, or suggesting that they are working on behalf of the courts. They must not use jargon or legal phrases, or present information in a way that exploits any lack of knowledge on your part.
Creditors must answer your requests for information i.e balance statements etc, and must investigate any claims disputing the debts.
Creditors must tell you if they pass on your debt to a 3rd party, and should not use more than one debt collection business at a time, so as not to result in frequent calls from different companies.
Creditors should not pressure you into making unreasonably large installments, or into making regular payments that you cannot afford. They should not pressure you into selling your property or to borrow more money to raise funds, nor should they threaten to tell any 3rd parties about your debts, or do anything to publicly embarass you.
If you appoint a 3rd party to deal with your debts, i.e the Citizens Advice Bureaux, or MRA Debt Help, they cannot refuse to deal with them. They should then contact your representatives instead of contacting you, and should not operate a policy of refusing to deal with debt management companies.
Hopefully this has given a little insight into some of the things you should expect from your creditors, the entire guidance is on our website.
