OFT launches revised debt collection guidance

The OFT has recently published its updated debt collection guidance, setting out the minimum standards expected of all businesses engaging in the recovery of consumer credit debts, including banks, law firms and debt collection agencies. Interestingly, the guidance sets out specific practices which it considers to be unfair, including:

  1. the use of Facebook, Twitter and other social networking sites as a means of contacting debtors; and
  2. contacting debtors at unreasonable or unsociable times or locations (for example, if a debtor is in hospital).

The misuse of continuous payment authority is now specifically addressed in the guidance, which warns against creditors making numerous attempts to recover a single payment.

The guidance also focuses on the importance of all parties involved in the debt collection process maintaining and exchanging data and information with each other, to ensure that debts are properly pursued.

Finally, there is now a duty on firms to adopt appropriate practices and procedures for dealing with vulnerable debtors.

View the updated debt collection guidance.

For more information, please contact:

Richard Humphreys is a partner in Finance group based in Oxfordon richard.humphreys@bllaw.co.uk or 01865 254243.

Jennifer Brown, solicitor in the Commercial Litigation team on 01865 253254 or email jennifer.brown@bllaw.co.uk.