Provide first line money and debt legal advice
Overview
This standard is about providing clients with direct money management and debt information and advice at the point of initial contact with the service. You will establish their needs and expectations of services, research information which is relevant to their situations and provide them with appropriate and accurate legal advice. You will also know when to refer clients on to alternative or more specialist sources of
Performance criteria
You must be able to:
communicate with the client in a manner appropriate to their
understanding and needs
- explain to clients the legal advice services you can offer in line
with organisational requirements
- check clients understanding of legal advice services is consistent
with information you have provided
- agree with clients their legal advice requirements in line with
relevant legislation, policies and procedures
- agree with clients any situations which require immediate action
and take steps to implement in line with their requirements
- explain the organisation's systems and procedures for working
with clients
- analyse available client information to assign relevance to their
case in line with your professional judgement
- record client details and agreed actions in line with organisational
requirements
- review sources of information to assess applicability to clients
situations
check that information obtained enables you to advise clients
analyse information received from clients and the research
process to formulate options in line with clients needs
- present clients with information and possible options for action in
line with organisational requirements
- advise clients on the implications of possible options in line with
organisational requirements
- check clients understanding of the advice offered in line with
organisational requirements
- agree actions required by you and clients in line with
organisational requirements
- recognise where a clients requirements fall outside of the service
and
- signpost or refer to other relevant organisation
Knowledge and Understanding
You need to know and understand:
You need to know and 1. how to adapt communication styles in ways which are appropriate to
the needs of the client
key areas of the legislative framework relating to consumer credit
and debt in your jurisdiction
why it is important to gather information about clients circumstances
the key components of a statement of income and expenditure, and
why it is important to prepare one with clients
banking options for clients, including:
5.1 information on payment methods and how to alter or cancel
payments
5.2 when it is appropriate to set up a new account 5.3 procedures for
first right of appropriation
how to establish the extent and nature of clients debt
how the extent and nature of clients debt can affect the advice they
are given
what should be contained within credit agreements
what situations could constitute an emergency for clients in relation
to their debts and money management
types of emergency action that can be taken in particular
circumstance
the nature of creditor information to enable the debtor to be offered
a full range of options
ways of maximising income and reducing expenditure
how to use credit reference report information, and the implications
for making credit reference report requests
how to prioritise debts in terms of:
14.1 severity of creditor sanction
14.2 potential client detriment
how to develop and select strategies for addressing debt situations
payment methods that can be adopted by the client
debt solutions
the importance of opening and continuing negotiations with
creditors
how to develop a strategy for dealing with creditors
the use of clients financial statement as a tool for negotiating with
their creditors
procedures for debt recovery through the courts
possible consequences of non-compliance with court proceedings
possible defences in relation to debt
official guidelines and codes of practice relating to:
24.1 credit arrears management
24.2 debt recovery, repossession
24.3 fair treatment of customers
24.4 debt management
legislation and organisational procedures in your jurisdiction relating
to fraudulent activity