This code is modelled around the debt collection guidelines issued by the UK Office of Fair Trading and the UK Credit Services Association Code of Practice. It forms a useful guide and reference in determining professional diligence under the proposed new law.
5 debt collection agencies in Jersey have already agreed to subscribe to the code from 1 March 2012.
Scope
The scope is sufficiently wide to allow other organisations who are involved in their own debt collection activities to consider subscribing.
The code contains 7 sections dealing with different aspects of debt collection activities. In summary, these are:
1. General code of conduct
To ensure subscribers act responsibly and with integrity in the day-to-day conduct of their business.
2. Confidentiality
To ensure subscribers keep information in the strictest of confidence and adhere to the law and fundamental principles of Data Protection.
3. Complaints
To ensure subscribers have an adequate complaints procedure and advise complainants of all of the other help available including referral to:
- Trading Standards Service where it appears that the subscriber has not complied with this code
- Office of the Data Protection Commissioner for data protection related complaints
- Jersey Citizens Advice Bureau who provide debt advice and have an online self help debt pack
4. Default guidelines
Ensure subscribers follow clear industry standards in attempting to carry out collection in default of payment.
5. Trace guidelines
Ensure subscribers take all steps to verify that the person traced is in fact the debtor.
6. Purchased debt guidelines
Ensure subscribers advise consumers when debt has been assigned and to whom in a timely manner.
7. Subscribing to this code
Ensure subscribers reconfirm to the code every 24 months and display a certificate of compliance.
Monitoring and reviewing
Subscription will be managed by the Trading Standards Service in the same way that they manage subscribers to the Code of Practice for Consumer Lending.
Subscribers must ensure they make the code available on their own website and provide a copy to debtors promptly on request.
Complaints relating to non-compliance should be directed to the Trading Standards Service for investigation.
The code will be reviewed to ensure it reflects current best practice.
Who subscribes to this code?
A link to an up-to-date list of subscribers is available below.
Companies signed up to the code of practice for debt collection
Where can I get a copy of this code?
The code is available to download here or printed copies are available from:
- any subscriber to the code
- Trading Standards, 28-30, The Parade, St Helier
- Citizens Advice Bureau, St Paul's Gate, New Street, St Helier
Download Code of Conduct for Jersey Debt Collection (size 412kb)