Debt Collectors authorised by the FCA

George Tsigarides made this Rhyddid Gwybodaeth request to The Financial Conduct Authority

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

George Tsigarides

Dear The Financial Conduct Authority,

Please confirm:

A. if you are responsible for the registration of Debt Collectors.

B. what authority do these registered Debt Collectors have.

C. what happens if a registered Debt Collector breaches their authority; and what action can one take to remedy this.

D. Do you have a database available online with the contact details of your registered Debt Collectors, including telephone numbers and email addresses.

Yours faithfully,

George Tsigarides

The Financial Conduct Authority

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The Financial Conduct Authority (FCA) is registered as a limited company in England and Wales No. 1920623. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company in England and Wales No. 8970864. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment Systems Regulator Limited)

Freedom of Information, The Financial Conduct Authority

 

Our Ref: FOI6760

 

 

Dear Mr Tsigarides

 

Thank you for your request under the Freedom of Information Act 2000 (the
“Act”), dated 16^th September 2019, for information relating to debt
collectors.

 

Your request has been considered and I will respond to each part of your
request below.

 

 1. If you are responsible for the registration of Debt Collectors.

 

The FCA is responsible for accessing a firm’s application to ensure that
they meet and will continue to meet the FCA’s threshold conditions in
relation to the regulatory activity of debt collecting.

 

 2. What authority do these registered Debt Collectors have.

 

Debt Collection firms can undertake the regulated activity of debt
collecting as set out in the Regulated Activities Order under article 39F
[1]here. The definition of Debt Collecting is outlined in the FCA’s
Perimeter Guidance Manual under chapter 2.7.8D (G) and states:

(1)  Taking steps to procure the payment of a debt due under a credit
agreement or a consumer hire agreement is a regulated activity.

(2)  2) Taking steps to procure the payment of a debt due under an article
36H agreement (see PERG 2.7.7HG (3)) which has been entered into with the
facilitation of an operator of an electronic system in relation to lending
is also a regulated activity.

(3)  (3) The activity is not a regulated activity in so far as the
activity is operating an electronic system in relation to lending (article
36H of the Regulated Activities Order) see PERG 2.7.7H G. The authorised
firm is required to adhere to the rules and guidance set out in the FCA’s
Consumer Credit Sourcebook in particular chapters 5 and 7.

 

 3. What happens if a registered Debt Collector breaches their authority;
and what action can one take to remedy this.

 

In the first instance, the consumer can complain directly to the debt
collection firm and await the firm’s investigation and redress (if
applicable). If the consumer is not satisfied with the debt collection
firm’s response, then they may escalate their complaint to the Financial
Ombudsman Service (FOS) and ask them to investigate the complaint.  A link
to their website can be found [2]here.  The customer is also able to
advise the FCA about the conduct of an authorised firm by phoning the
Supervision Hub on the following telephone number 0800 111 6768. Guidance
on making a complaint about an authorised firm can be found on the FCA
website [3]here.

 

 4. Do you have a database available online with the contact details of
your registered Debt Collectors, including telephone numbers and email
addresses.

 

Details of all directly authorised firms and their appointed
representatives who undertake debt collecting activities are held on the
FS Register, which can be found [4]here.

 

If you are unhappy with the decision made in relation to your request, you
have the right to request an internal review.  If you wish to exercise
this right you should contact the Information Disclosure Team within 40
working days of the date of this response.

 

If you are not content with the outcome of the internal review, you also
have a right of appeal to the Information Commissioner at Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF.  Telephone: 01625 545 700.  Website: [5]www.ico.org.uk.

 

Yours sincerely

 

Information Disclosure Team

Financial Conduct Authority

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

Visible links
1. https://www.legislation.gov.uk/ukdsi/201...
2. https://www.financial-ombudsman.org.uk/c...
3. https://www.fca.org.uk/consumers/how-com...
4. https://register.fca.org.uk/
5. http://www.ico.org.uk/