OFT updates debt collection guidance

[Bandit127]

Thanks to ScarletPimpernel for the tip.

 

The OFT updated its debt collection guidance in October 2011, and a revised version was published in November 2012 setting out the OFT's revised position on the misuse of continuous payment authority (CPA).

The CPA section is at paragraph 3.9(m) of the guidance. We have also published a summary of responses to the supplementary consultation on CPA (December 2011).

 

• Download Debt collection guidance (pdf 697kb) (November 2012)
  
• Download Summary of responses to supplementary consultation on CPA (pdf 283kb) (November 2012)
  
• Press release, OFT warns payday lenders, 20 November 2012
  

A summary of responses to the original consultation on updating the debt collection guidance can be found here.

 

• Download Summary of responses to debt collection guidance consultation (pdf 986kb) (October 2012)
  

[Let Them Knock]

Excellent links, thanks Bandit.

 

The bits that 'jump out' at me are:

 

Failing to make the debtor fully aware of the status of the debt where: the debtor has offered a settlement payment lower than the total amount owing. This should cramp the style of those DCAs that are offering F&F on SB debts.

 

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make demands for payment without providing clear justification and/or evidence as to why the claims are not vali, I hope this one has some teeth in practice.

 

Where businesses seek to recover statute barred debt in England, Wales or Northern Ireland, we consider that the following may be unfair or improper practices: pursuing the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period. And perhaps that will stop a lot of SB stuff coming out of the woodwork.

 

As said, good links.

[mikeymack2002]

Love this new document has anyone actually looked in depth at this? the ramifications for the likes of Lowell/Red are so going to cost them see section 3.7 c about time the was clarification on the debt recovery industry, gives more power to the debtor and not the DCA's