Police Powers and Procedures Regarding Debt Collection Agents (DCA)/Enforcement Officers

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Dear South Wales Police,

I seek the following information.

A. What training is supplied to Constables relating to Debt Collection Agents/Enforcement Officer's powers?

B. If Constables are requested to attend a property after contact by a Debt Collection Agent/Enforcement Officer alleging a breach of the peace. Do Constables attending the scene check a Debt Collection Agent/Enforcement Agent's camera to ensure there has been a breach of the peace, before they speak with the debtor?

C. If the debtor has a video recording of the Debt Collection Agent/Enforcement Officer's activity outside the debtors property. Would Constables view the recording to ensure the Debt Collection Agent/Enforcement Officer has not misrepresented themselves, either to the debtor, or in a call to the Police regarding alleged breach of the peace?

D. If a debtor alleges that a DCA/Enforcement Officer has misrepresented themselves in their duty and video evidence supports this, what procedures would be followed by Constables?

E. If a DCA/Enforcement Officer misrepresents themselves as a High Court Bailiff, do the Police have any powers against the DCA/Enforcement Officer?

F. If a DCA/Enforcement Officer refuses to provide the debtor with a signed walk in possession order, or warrant and video recording supports this. What procedures would Constables follow?

G. If an individual alleges harassment by a DCA/Enforcement Officer, would an investigation be conducted Constables?

H. If a DCA/Enforcement Officer forces a debtor to attend in a vehicle with them to a cash point machine to withdraw cash sums to cover the debt and enforcement charges - would the South Wales Police consider this a crime?

I. If a DCA/Enforcement Officer accesses a debtor's property and refuses to allow the debtor to leave the property to their collect children from primary school unless they pay a debt in full - would South Wales Police consider this a crime?

J. What powers do Constables have if they believe a DCA/Enforcement Officer has breached the following? Enforcement agents must not be deceitful by misrepresenting their powers, qualifications, capacities, experience or abilities, including, but not restricted to; Falsely implying or stating that action can or will, be taken when legally it cannot be taken Falsely implying or stating that a particular course of action will ensue before it is possible to know whether such action would be permissible Falsely implying or stating that action has been taken when it has not.

K. Do Constables ensure that when called to a debtors property, they seek to find out if there are those of a vulnerable group resident within the property, such as:
 the elderly;
 people with a disability;
 the seriously ill;
 the recently bereaved;
 single parent families;
 pregnant women;
 unemployed people; and,
 those who have obvious difficulty in understanding, speaking or reading English.
If so what should be a Constables response?

L. If a Constable is found to have supported a DCA/Enforcement Officer who has misrepresented themselves as in point J. above and a debtor has video evidence as proof of his/her claims. How would South Wales Police deal with the Constable?

M. Is a debtor able to make a complaint to South Wales Police relating to aggressive collection methods; harassment; intimidation by a DCA/Enforcement Officer? If so what actions would be undertaken by South Wales Police?

N. Do Constables have any powers over a DCA/Enforcement Officer, if a DCA/Enforcement Officer refuses to provide a debtor with receipts for cash payments made?

O. If a 15 year old girl, alone in a property opens the door to a DCA/Enforcement Officer and the DCA/Enforcement Officer attempts to force his way into that property putting the child in fear. Would South Wales Police investigate if a complaint is made?

P. Are Constables allowed to give advice to the debtor in relation to debt?

Q. If a debtor is behind a closed door, can it be justified for a DCA/Enforcement Officer to claim breach of the peace as a reason to telephone for a Police presence?

R. Can a DCA/Enforcement Officer tell a debtor he will ring for police for immediate assistance if no breach of the peace has occurred, or imply that they are working in partnership with the police?

S. If a DCA/Enforcement Officer was to alert a debtors neighbour that they are attempting to enforce a debt. (1.) by attempting to shame and embarrass a debtor in the street outside their home. (2.) by knocking on a neighbours door advising the neighbour the reason why they are seeking the whereabouts of the debtor. (i.) Would this be considered unacceptable behaviour by DCA/Enforcement Officer? (ii). What action would the Police take in relation to a complaint of this nature?

T. Are Constables allowed to assist a DCA/Enforcement Officer in his recovery?

U. If a DCA/Enforcement Officer drives a low income single parent to a cashpoint machine and harasses them into withdrawing all available funds to cover a debt and enforcement fees, leaving the single parent with no monies to pay for food, or utilities. (1.) Could a complaint be made to South Wales Police? (2.) If so what action would South Wales Police take?

Yours faithfully,
K. Thomas

South Wales Police

Thank you for contacting the Freedom of Information Team (FOI) at South
Wales Police.  This message is to confirm that we have received your
correspondence. Please do not reply to this email.

Ydych chi angen siarad gyda’r heddlu ond nad oes angen ymateb brys arnoch?
Ffoniwch 101… Gellir defnyddio’r rhif i roi gwybod am achos nad yw’n un
brys i unrhyw heddlu yng Nghymru a Lloegr.

Mewn argyfwng, ffoniwch 999 bob amser.

 

Do you need to speak to police but don’t require an emergency response?
Call 101… The number can be used to report a non-emergency to any force in
Wales and England.

In an emergency, always dial 999.

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South Wales Police

2 Attachments

Dear K. Thomas,

      

Your request for information has now been considered and our response is
attached.

                          

I trust that this information answers your request. Should you have any
queries and wish to contact us by e-mail, please do so using the mail box
[1][South Wales Police request email].

                              

South Wales Police provides you the right to request a re-examination of
your case under its review procedure (copy attached). If you decide to
request such a review and having followed the Forces full process you are
still dissatisfied, then you have the right to direct your comments to the
Information Commissioner who will give it consideration.

 

 

Kind regards,

 

Freedom of Information Team

Data Management Unit & Disclosure Unit/Rheoli Data ac Uned Datgelu

South Wales Police HQ/Pencadlys yr Heddlu

Cowbridge Road/Heol y Bont-Faen

Bridgend/Penybont ar Ogwr

CF31 3SU

DD Telephone/Telliffon 01656 303444

E-mail/E-bost: [2][email address]

 

Visit our website: [3]www.south-wales.police.uk

Ewchi'n gwefarr: [4]www.heddlu-de-cymru.police.uk

 

Ydych chi angen siarad gyda r heddlu ond nad oes angen ymateb brys arnoch?
Ffoniwch 101 Gellir defnyddio r rhif i roi gwybod am achos nad yw n un
brys i unrhyw heddlu yng Nghymru a Lloegr.

Mewn argyfwng, ffoniwch 999 bob amser.

 

Do you need to speak to police but don t require an emergency response?
Call 101 The number can be used to report a non-emergency to any force in
Wales and England.

In an emergency, always dial 999.

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