Hardship Letter To Collection Agency Template for England and Wales

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Key Requirements PROMPT example:

Hardship Letter To Collection Agency

"I need to draft a Hardship Letter to Collection Agency regarding my medical debt of £15,000, explaining my current unemployment situation and requesting a payment plan of £200 monthly starting March 2025."

Document background
A Hardship Letter to Collection Agency is a crucial document used when individuals face significant financial difficulties affecting their ability to meet debt obligations. This document, governed by English and Welsh law, serves as a formal request for consideration of alternative payment arrangements or debt settlement. The letter should comprehensively outline the debtor's current financial circumstances, reasons for hardship, and proposed resolution plan, while complying with FCA regulations and consumer protection guidelines. It's particularly important to include supporting documentation and maintain transparency about the financial situation.
Suggested Sections

1. Personal Information: Name, address, account/reference numbers, contact details

2. Debt Information: Details of the debt amount, original creditor, current status

3. Hardship Explanation: Clear description of financial difficulties and their cause

4. Current Financial Situation: Overview of income, expenses, and other debts

5. Request/Proposal: Specific request for payment arrangement or settlement

Optional Sections

1. Supporting Documentation Reference: Section referring to attached evidence of hardship, used when available

2. Medical Circumstances: Details of health issues affecting ability to pay, if applicable

3. Third Party Authorization: Authorization details if someone is writing on behalf of the debtor

Suggested Schedules

1. Income Proof: Pay stubs, benefits statements, or other income documentation

2. Expense Summary: Detailed breakdown of monthly expenses

3. Medical Documentation: Supporting medical documentation if claiming medical hardship

4. Benefits Documentation: Proof of government assistance or benefits if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit and debt collection practices in England and Wales, establishing the framework for consumer protection in credit transactions

Financial Services and Markets Act 2000: Key legislation that establishes the regulatory framework for financial services in the UK, including debt collection activities

Data Protection Act 2018: UK implementation of GDPR, governing how personal data must be handled in debt collection processes

Limitation Act 1980: Legislation that sets time limits for bringing claims on debts and defines when debts become statute-barred

FCA Regulations: Financial Conduct Authority's regulatory framework governing the conduct of financial services firms, including debt collectors

CONC Rules: Consumer Credit Sourcebook rules providing detailed regulations for consumer credit firms and debt collectors

FCA Consumer Treatment Guidance: Guidelines on how financial services firms should treat consumers fairly and handle vulnerable customers

Credit Services Association Code of Practice: Industry standards and best practices for debt collection agencies in the UK

MCOB Rules: Mortgage and Home Finance Conduct of Business rules governing mortgage-related debt collection

Pre-Action Protocol for Debt Claims: Court procedures that must be followed before making a debt claim against an individual

Money Advice Service Guidelines: Official guidance for handling financial difficulties and debt management

TCF Principles: FCA's Treating Customers Fairly principles ensuring fair treatment of customers in financial services

Vulnerability Assessment Guidelines: Framework for identifying and appropriately handling vulnerable customers in debt collection

Fair Debt Collection Practices: Standards and requirements for ethical and legal debt collection activities

Rights of Forbearance: Legal provisions allowing temporary relief from debt collection due to financial hardship

Customer Duty of Care Requirements: Obligations of financial services providers to exercise reasonable care in dealing with customers

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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