There are legal requirements for legal debt collection that must be adhered to according to UK law. These debt collection rules apply to agencies involved in the debt recovery process during the initial attempts to recover the debt prior to achieving a County Court judgment.
Should the case go to court and be ruled in favour of the creditor, then the court may instruct bailiffs to recover the debt and they will be given additional powers. However, prior to such a ruling by a court, the legal debt recovery rules must be adhered to by the creditor and any debt collection agency or legal administration assistant they hire.
Here are the six legal requirements for debt collection that must be adhered to.
No Claim To Legal Power
Legal debt collectors must never claim to have any special legal power, such as that assigned by a court. Such legal debt collectors are not bailiffs, and they cannot seize or threaten to seize any belongings of the debtor to cover for the debt.
Confidentiality
Another one of the UK’s debt collection rules is that legal debt collectors cannot discuss the debts with other people such as their own or the debtor’s friends, family, and colleagues. They must maintain absolute confidentiality throughout the entire process and beyond.
No Unnecessary Pressure
Legal debt collectors are not allowed to try and force the debtor into choosing a repayment solution quickly. They cannot at any point apply unnecessary pressure on the debtor.
Clear And Concise Communication
The UK’s legal debt recovery rules require all legal debt collectors to clearly explain their actions. This includes the language they use when communicating with the debtor, avoiding technical or financial jargon so that the debtor is able to fully understand the situation.
Appropriate Behaviour
The legal requirements for debt collection also forbid any form of harassment. This means that legal debt collectors cannot turn up at the debtor’s house, or call or text them repeatedly. Appropriate contact should only be made between the hours of 9 a.m. and 5 p.m. Debtors should never be contacted via social media.
Legal Proof of Debt
Proof of the debt must always be provided to the debtor, clearly demonstrating that the debt is owed professionally and legally through documentation such as a signed agreement, invoices, or statements.
Hire Pride Legal Debt Recovery
If you are owed a debt but do not know where to begin, give us a call on 001733 964886 and one of our team can talk you through your next steps.
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