CCCS | InfoCentre | Scotland

Solicitors

Letters sent from solicitors can be worrying and many people will assume this means court action is going to be taken.

Solicitors may become involved in debt collection for a number of reasons, these are:

The solicitor is acting as a collection agency. This is likely to be the case if the letters are asking for payment to be made to the solicitor. You should treat them just like a collection agency
The solicitor may in fact be a part of the creditor organisation. Again, they have no extra powers. Check the small print to see if the solicitor is actually a trading name of the creditor
The creditor may be intending to start court action. This is much less common than the reasons above

Remember that letters and telephone calls from creditors will often mention solicitors and legal action as a way of pressuring you to pay. Solicitors still have to follow Office of Fair Trading (OFT) guidelines on fair debt collection.

If you have been contacted by a solicitor and are worried, please call our Helpline 0800 138 1111 for further advice.

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FAQs

Are solicitors always a different company from the original creditor?

No. Sometimes creditors will send letters that seem to be from a solicitor, but are actually the same creditor using a different trading name.

If you receive any letters from an unfamiliar company relating to arrears or unpaid debts, check the small print on the bottom or rear of the letter. This may confirm that the company is a trading name of the original creditor themselves.

Who can I speak to if I have a complaint about a solicitor who is acting as a debt collector?

If you have to make a complaint about a solicitor, you should complain to them directly in the first place.

You can also contact the original creditor to complain.

Solicitors acting as debt collectors 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.

They may also be members of the Credit Services Association or another trade body who may have their own complaints process.