13. Client Interests

Members must demonstrate that they act solely in their clients’ best interests. In doing so they must help clients to clear their debts as quickly and efficiently as possible,and must not use high pressure selling tactics.

Members must exercise all due discretion, in the best interests of the debtor, in deciding whether or not to accept a debtor on to a debt management programme, and must bear in mind that debt management programmes are not suitable for all debtors

A realistic assessment of the financial circumstances of the consumer must be made before advice is given. Verification of information given should be obtained in the form of pay slips etc.

Members must keep in strict confidence information given to them by their clients, excepting the disclosure of relevant information with express consent of the client, to the relevant creditors (or exceptionally for the purpose of the independent investigation of a complaint)

Members must advise clients on the importance of paying secured loans and prioritising debts.

Any advice given to the client to cancel direct debits and standing orders prior to a repayment plan being agreed with creditors must be demonstrably in the best interests of the client. Members must clearly warn clients of the risks and consequences of this course of action if they advise it.

Members must not lend money to clients for the purpose of debt consolidation. However DEMSA members may accept referrals from lenders or credit brokers, provided these are done with the informed prior consent of the consumer.

Members must ensure that proper records are kept for all cases and that adequate electronic means of storage, capable of retrieval are in place. Upon completion or termination of a programme, members will provide the client with a full statement of the history of the programme and return any important documentation eg forms P60 etc. Any documentation, paper or electronic, should be retained for an appropriate period in accordance with Data Protection Guidelines.
Members who provide other services or products such as Payment Protection Insurance must ensure that clients ‘opt-in’ to the purchase of such products.