Updated OFT guidance

AlexisV

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/OFT664Rev.pdf

Some interesting additions which are of importance where the keeper was not the driver and the PPC or debt collection agency has been informed:

3.5 Examples of unfair or improper practices are as follows:

g. pursuing third parties for payment when they are not liable

For example, pursuing a relative of a debtor for a debt when the relative is not a joint party to the credit agreement.

3.7 Examples of unfair or improper practices are as follows:

e. e. When seeking to recover a debt, failing to take appropriate steps with a view to ensuring that available data/information to inform the pursuit and recovery of a debt is accurate and adequate, such that the debtor and the (amount of the) debt can be correctly identified from that data/information

Failure to do so may result in:
• the wrong person being pursued for a debt

q. acting in a way likely to be publicly embarrassing to the debtor, either deliberately or negligently (that is to say, through lack of care)

For example:
• leaving answer phone messages (including via interactive voice messaging (IVM)36) in a way which may disclose to someone other than the intended recipient the involvement of a debt recovery business

Deceptive and/or unfair methods

3.9 Examples of unfair or improper practices are as follows:

b. disclosing debt details to an individual when it is uncertain that he is the actual debtor

For example, disclosing debt details to an individual occupying the last known address of the debtor, without first establishing (by suitably appropriate means) that he is the actual debtor.

j. requiring an individual to prove he is not the actual debtor who owes an outstanding debt

For example, requiring an individual to establish that he is not the actual debtor by producing his driving licence or passport, or by providing a copy of his signature.

peter_the_piper

Sounds just like some ""Bailiffs companies"" need to take notice.

Inflatable_Armadillo

AlexisV wrote: »

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/OFT664Rev.pdf

Some interesting additions which are of importance where the keeper was not the driver and the PPC or debt collection agency has been informed:

So, this also should mean that Roxburgh/Graham White can no longer leave messages on a mobile answering service (unless the caller confirms their name in the message perhaps?) or a land-line answering service/machine at all, and if when they do call, if they can't be sure they are speaking to the person whom is alleged to owe the debt, they can't reveal who they are to the person answering the phone, they can only leave a name and call back number!

Classic... something else we can advise people to say to them and write to the OFT about when they continue doing just this!

AlexisV

If the person who's phone number it is informs them that they are not the debtor, they would have to cease calling that line to prevent being in breach of OFT guidance.