Collections Policy: Legal action
We may take legal action to recover money due under a credit agreement. Such action is referred to as “civil” action, i.e. the action is taken in the civil courts – failure to pay debts is not a criminal offence and criminal proceedings cannot be taken.
We will not state, imply or threaten legal action when it cannot legally be taken, or imply that legal action has already been taken if it has not.
Staff should not discuss legal action or the implications of such action with you unless there is a likelihood of legal action being taken and one or more of the following applies:
- A customer is unreasonably refusing to make payment;
- A customer is actively and unreasonably seeking to avoid dealing with an outstanding debt;
- A customer is not prepared to make a firm arrangement to clear the debt, or take appropriate steps to deal with the matter;
- A customer has failed to adhere to a previously agreed arrangement;
- A customer has made a repayment offer which is unreasonable in the context of their financial circumstances.
Legal action will only be taken only as a last resort.
This policy was written to help our website visitors understand our business and code of practice. We simplify the language to make it easier for everybody to know who we are, what we provide and how we do it. If you have any comment or require additional information please contact us. We believe that we have developed some of the industry’s leading procedures to ensure we serve our clients with dignity, fairness and transparency.