Letters from creditors

When you miss payments, it is common for creditors to send letters that threaten further action such as court judgments or bailiffs. 

Often creditors will describe ‘possible’ action rather than what they are actually going to do.  If you read these letters carefully, you will usually find they refer to actions they ‘could’ take or ‘may’ take.

We recommend that you do not ignore these letters. Some will be regular statements or reminders, but others such as default notices or letters from collection agencies are more important.  In some cases, creditors take court action and send important legal paperwork to you through the post.

While some letters are designed to put pressure on you to make payments, some are more serious.  In all cases, creditors must follow Office of Fair Trading (OFT) guidelines on fair debt collection when writing to you.

Legal action is costly to any creditors and as long as you can show them you cannot afford their payment, they are likely to accept a reduced payment towards the debt.  The consequence may be that you cannot use the credit facility any more, or borrow any more money from that creditor.  But this is better than legal action.

    

FAQs

England and Wales > Creditor action > Court action

A default notice will clearly state at the top of “This is a default notice served under section 87(1) of the Consumer Credit Act”.

There are several other important points that must be listed:

  • The type of credit agreement
  • The terms of the agreement which have been broken
  • The action that is required to prevent the account from defaulting, this is usually to pay off all arrears by a certain date
  • What action the creditor intends to take if this is not done. For instance, pass the debt to a collection agency or proceed with court action
England and Wales > Creditor action

There are strict deadlines for the return of paperwork following county court action.

There will be an issue date shown on the claim form (N1) that is sent to you.

If the claim was issued from Northampton County Court Bulk Centre, the paperwork must be returned no more than nineteen days after the issue date.

For all other county courts, you have sixteen days from the issue date.

England and Wales > Creditor action > Debt collection agencies

To make a complaint about a debt collection agency you should complain to them directly in the first place.

You can also contact the original creditor to complain. 

Collection agencies must have a consumer credit licence to trade, so if your complaint is not resolved within eight weeks it can be referred to the Financial Ombudsman Service who can investigate the matter on your behalf.

Many collection agencies are also members of the Credit Services Association who have their own complaints process.

© Consumer Credit Counselling Service 2009