Debt Collection

(asked on 17th May 2022) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps a debt collection agency is required to take to verify the personal details, including home address, of the person they are attempting to collect debt from.


Answered by
James Cartlidge Portrait
James Cartlidge
Minister of State (Ministry of Defence)
This question was answered on 25th May 2022

The general principles governing the service, of documents in legal proceedings, are contained in Part 6 of the Civil Procedure Rules. A claimant must take “reasonable steps” to establish the defendant’s current address. Where the claimant is unable do so, they must consider whether there is an alternative place or method by which the claim may be served with the permission of the court. If the claimant is unable to establish either the defendant’s current address or an alternative method of service, the claim may be served on the defendant’s last known address. The premise being that individuals are responsible for updating their creditors with their new address and/or having their mail redirected.

Claimants, including debt collection agencies, in civil court proceedings must sign a statement of truth that they believe the facts stated in the claim form are true. This includes the names and addresses of the parties. Anyone who deliberately provides false information may be subject to contempt of court proceedings, and if contempt is proved the penalty is imprisonment or a fine.

The Ministry of Justice has not undertaken an assessment of the process that claimants, including debt enforcement agencies, use to ascertain the address of defendants who have had a court judgment made against them.

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