Creditor action

Peace of mind

If you fall behind with your payments to debts your creditors will contact you, and you may feel under pressure to make payments you can’t afford. Knowing what creditors can and cannot do and understanding the process that they use to collect debt can help to remove a lot of worry and uncertainty.

This section provides all the information you need to understand what is likely to happen when you cannot meet the payments to your creditors, including the legal action that can be taken against you.

If you are concerned about your financial situation please use our online debt counselling service or call our Helpline for a personalised recommendation.

If you have a specific query that you need an answer to, please contact us and one of our counsellors will be able to advise you further.

    

FAQs

Scotland > Creditor action

The fact that an account has defaulted is recorded on your credit file for six years, and will make it harder to obtain credit for that time. A credit agreement can only default once.

Creditors often talk about default notices in terms that make them sound like a serious threat. If you want to preserve a good credit rating they are a valid threat. But if you have a record of missed or late payments and are having trouble managing your debts, your credit rating will be affected already.

Scotland > Creditor action > Debt collection agencies

If the debt relates to a previous occupier in your property, contact the creditor and tell them the person no longer lives there.

Sometimes debt collection agencies try to find debtors using public records such as the electoral roll. If you have similar details, they may try to contact you about someone else’s debts. Write to explain they have mistaken you for someone else and ask them to stop contacting you.

In both cases, creditors may expect some proof that you are not the person they are looking for. If you have any problems, make a complaint to the creditor.

Scotland > Creditor action > Debt collection agencies

No. The Office of Fair Trading (OFT) guidelines confirm a debt collector can only visit you at work with your permission.

If a creditor threatens to visit you at work, tell them very clearly that you do not want them to do this. Send them a letter stating you are refusing them permission to do this, making sure you send the letter by recorded delivery and keep a copy for yourself.

If a creditor does call at work after you have told them not to, contact Consumer Direct.

© Consumer Credit Counselling Service 2009