Related provisions for CONC 7.7.2
1 - 12 of 12 items.
(1) A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds.[Note: paragraph 3.9k of DCG](2) Paragraph (1) does not apply where a customer under a green deal consumer credit agreement (within the meaning of section 189B of the CCA) alleges that the disclosure and acknowledgement provisions in Part 7 of the Green Deal Framework (Disclosure, Acknowledgement,
Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:(1) pass the information provided by the customer to the lender or the owner; or[Note: paragraph 3.23h of DCG](2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation.
The obtaining, recording, holding and passing on of information about individuals for the purposes of tracing a customer and/or recovering a debt due under a credit agreement or a consumer hire agreement or a P2P agreement will involve the processing of personal data. Accordingly, firms processing such data are data controllers or data processors and are obliged to comply with data protection legislation2 and, in particular, to adhere to the 2data protection principles.[Note:
A firm must take reasonable steps to ensure that it maintains accurate and adequate data (including in respect of debt and repayment history) so as to avoid the risk that: (1) an individual who is not the true borrower or hirer is pursued for the repayment of a debt; and(2) the borrower or hirer is pursued for an incorrect amount.[Note: paragraphs 3.19 of DCG and 7.11 (box) of ILG]
A firm must endeavour to ensure that the information it passes on to its agent or to a debt collector or to a tracing agent (a person1 that carries on the activity in article 54 of the Exemption Order), whether for the firm's or another person’s1 business, or to any other person involved in recovering the debt or, where appropriate, to a credit reference agency is accurate and adequate so as to facilitate the tracing and identification of the true borrower or hirer.[Note: paragraphs
Before pursuing a customer for the repayment of a debt, a firm must take reasonable steps to verify the accuracy and adequacy of the available data so as to ensure that the true customer is pursued for the debt and that they are pursued for the correct amount.[Note: paragraphs 3.7e and 3.23a of DCG]
A firm should ensure (subject to any legal requirements) that adequate and accurate information it holds about a customer in relation to a debt is made available to persons involved on its behalf in the debt recovery process. Information relating to the customer which should be made available to agents or employees includes, for example:(1) being in financial difficulties;(2) being particularly vulnerable;(3) disputing the debt;(4) a repayment plan or forbearance being in place;(5)
A firm should not impose limitations on the number or the extent of reasonable applications that can be made to it for documents or other relevant information pertaining to a customer in respect of which it is, or has been, the lender or owner, by a firm seeking such information to facilitate its pursuance of the relevant debt.[Note: paragraph 3.23i of DCG]
(1) A firm must not take disproportionate action against a customer in arrears or default.[Note: paragraphs 7.14 (box) of ILG and 3.7t of DCG](2) In accordance with (1) a firm must not, in particular, apply to court for an order for sale or submit a bankruptcy petition, without first having fully explored any more proportionate options.[Note: paragraph 7.14 (box) of ILG]
A firm should not take steps to enforce a debt if it is aware that the customer is subject to a bankruptcy order (or in Scotland where sequestration is awarded in relation to the customer), a debt relief order or an individual voluntary arrangement (or, in Scotland, a protected trust deed or a Debt Arrangement Scheme).[Note: paragraph 3.9h of DCG]
A firm must not threaten to commence court action, including an application for a charging order or (in Scotland) an inhibition or an order for sale, in order to pressurise a customer in default or arrears difficulties to pay more than they can reasonably afford.[Note: paragraphs 7.14 of ILG and 3.7i (box) of DCG]
A firm must not exercise its rights under a continuous payment authority:(1) if the customer provides reasonable evidence to the firm of being in financial difficulties and the customer cannot afford to repay the debt; or(2) where the firm otherwise becomes aware of the customer being in financial difficulties and that the customer cannot afford to repay the debt.[Note: paragraph 3.9mii (box) of DCG]
(1) If a firm becomes aware that a customer is in financial difficulties, the firm should reassess the payment arrangement and should consider reasonable proposals to revise the payment schedule and alternative repayment arrangements.[Note: paragraph 3.9mii (box) of DCG](2) Where a customer informs a firm of being in financial difficulties, pending receipt of evidence to that effect, a firm should consider suspending exercise of its rights under a continuous payment authority
In the FCA's view, a firm's inability to recover the whole of the amount due by the end of the next working day after the date on which it was due would indicate that the customer may be experiencing financial difficulties. In such a case, a firm should suspend exercising its rights under the continuous payment authority until it has made reasonable efforts to contact the customer to establish the reason why payment was unsuccessful and whether the customer is in financial difficulties.[Note:
If the firm and the customer have agreed an alternative payment date as a contingency option if payment is not available on the due date, the firm should suspend the exercise of its rights under the continuous payment authority after the due date, and again after the alternative payment date (if the firm is unable to recover the amount due at the end of that day) and make reasonable efforts (in accordance with CONC 7.6.9 G) to contact the customer to establish the reason why payment
If reasonable efforts to contact the customer are unsuccessful or a customer refuses to engage with the firm and there is no further evidence of financial difficulties, any subsequent exercise of its rights under the continuous payment authority should be reasonable and not excessive, having regard to the possibility that an unresponsive customer may nevertheless be in financial difficulties and that a customer who was not in financial difficulties at the time of contact may subsequently
A debt is statute barred where the prescribed period within which a claim in relation to the debt may be brought expires. In England, Wales and Northern Ireland, the limitation period is generally six years in relation to debt. In Scotland, the prescriptive period is five years in relation to debt.[Note: annex B1 of DCG]
In Scotland, a statute barred debt ceases to exist and is no longer recoverable if:(1) a relevant claim on behalf of the lender or owner has not been made during the relevant limitation period; and(2) the debt has not been acknowledged by, or on behalf of, the customer during the relevant limitation period.[Note: annex B3 of DCG]
A firm must identify for prospective purchasers of debts arising under credit agreements or consumer hire agreements or P2P agreements those debts which it knows or ought reasonably to know are statute barred, so as to avoid a firm taking inappropriate action against customers in relation to such debts.[Note: paragraph 3.23c of DCG]
A firm must ensure that all persons visiting a customer's property on its behalf act at all times in accordance with the requirements of CONC 7 and do not:(1) act in a threatening manner towards a customer;(2) visit a customer at a time when they know or suspect that the customer is, or may be, particularly vulnerable;(3) visit at an inappropriate location unless the customer has expressly consented to the visit;(4) enter a customer's property without the customer's consent or
Examples of where a firm is likely to contravene CONC 7.11.6 R include where a firm or a person acting on its behalf:(1) states or implies that bankruptcy or sequestration proceedings may be initiated when the balance of the outstanding debt is too low to qualify for such proceedings;(2) states or implies that steps will be taken to enforce a debt where the customer is making payments under a Debt Payment Programme Arrangement agreed under the Debt Arrangement and Attachment (Scotland)
A firm must1 not suggest or state that it will commence proceedings for a warrant of execution or an attachment of earnings order when a court judgment has not been obtained, or that it will take any other enforcement action before it is possible to know whether such action will be permissible.[Note: paragraph 3.5c of DCG]
A firm dealing with a customer who is resident in a different jurisdiction to the jurisdiction of the firm's place of business must ensure that it takes appropriate account of any differences in law and court procedure that may have a significant impact on the customer's rights.[Note: paragraph 2.3 of DCG]
Where:(1) a customer offers a settlement payment lower than the total amount owing; or(2) a lender under a regulated credit agreement or an owner under a regulated consumer hire agreement decides to stop pursuing a customer in respect of a debt arising under the agreement;and the debt (or part of it) continues to exist notwithstanding the acceptance of the customer's offer or the decision to cease to pursue the debt, the lender or owner must ensure that the continuing existence
(1) CONC 1.2.2 R requires a firm to ensure its employees and agents comply with CONC and that it takes reasonable steps to ensure other persons who act on its behalf do so. This rule would apply where a debt collector acts as agent or on behalf of a lender.(2) Situations where it may be justified for a firm to refuse to deal with a person acting on behalf of a customer may include, for example, refusing to deal with that person where the firm is able to show that the person has