Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I've noticed that the terms on several of these loan sharks, sorry, payday loan companies, state that the recipient of the loan gives the provider the 'right' to contact employers, and presumably they will extend this condition to any loan that is not paid as they would like.
My question - how legal is this 'right'? They obviously have to abide by the Data Protection Act - or do their conditions supersede this?
Notwithstanding the fact that one of the T&C's is a right to contact the debtor's employer, is it a lawful condition?
I would not mind betting the loan companys have a term in the contract saying that if any of the other terms are unlawful that does not invalidate the rest. So even they accept that it is possible that terms in their contract are not lawful!
It is an odd discussion to agree to the terms which are clearly stated and then complain once we follow through with them.
It's not in the least bit 'odd' raising this for discussion. When it comes to contacting employers, the conditions of a loan are often vague and ambiguous. I'd imagine this is deliberately so, to allow payday loan lenders freedom to interpret their conditions in a way that suits them.
Yet contacting third parties sails very close to the wind, legally. Data Protection, Harassment, OFT debt collection Guidelines and further issues all come into play when a lender takes it upon themselves to start phoning employers etc.
The question remains: just because it's a term, does that make it enforceable to the extent that the law (DPA, AOJ etc.) cannot apply?
All terms and conditions must be agreed upon before a loan is given out. It is an odd discussion to agree to the terms which are clearly stated and then complain once we follow through with them.
Wongacustomercareteam
What a joke and why are you trawling round this forum if you have nothing useful to say.
If they did contact your employer to get an 'arrestment of earnings' they will find they cannot do this in the UK without a court order (ie CCJ)... so they are using it as a frightener.
They may try to get an unsuspecting payroll person to give out your bank details but should this happen you have a comeback on your employer.
I do payroll backup and I've had a few people ringing for details but they are never given out over the phone to a third party, not even the employees manager has a right to know there are debt issues.
'Right' to Contact Employer
companies, state that the recipient of the loan gives the provider the 'right' to contact employers, and presumably they will extend this condition to any loan that is not paid as they would like.
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Originally Posted by WongaCustomerCareTeam
(I know!)