Provide specialist money and debt legal advice and progress cases with clients
Overview
This standard is about the provision of legal advice in relation to a broad range of money management and debt advice. You will establish clients' needs and expectations of services, research information which is relevant to their situation and provide them with appropriate and accurate legal advice. This includes advising clients on more complex areas of law. You will also know how and be able to prepare and
Performance criteria
You must be able to:
communicate with the client in a manner appropriate to their
understanding and needs
- explain to clients the services that you can offer in line with their
requirements
- check that clients understanding of legal advice services is
consistent with information you have provided
- agree further actions and any immediate action with clients in line
with requirements, including:
4.1 procedures
4.2 responsibilities
4.3 time limits
- analyse available client information to assign relevance to their case
in line with your professional judgement
- review and check sources of information to assess applicability to
clients situations
- 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
open client case files in line with organisational procedures
design an action plan with clients in line with organisational
processes, and agree roles and responsibilities for progressing actions
progress actions on behalf of clients in line with agreed timescales
evaluate case progress against milestones and outcomes in line
with organisational procedures
- progress case outcomes to conclusion in line with organisational
requirements
- record client details and agreed actions in line with organisational
requirements
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
legislation, case law and guidance relating to consumer credit and
debt in your jurisdiction
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:
4.1 information on payment methods and how to alter or cancel
payments
4.2 when it is appropriate to set up a new account
4.3 procedures for first right of appeal
how to establish the extent and nature of clients debt
what should be contained within credit agreements
ways of maximising income and reducing expenditure
how to prioritise debts in terms of:
8.1 severity of creditor sanction
8.2 potential client detriment
how to develop and select strategies for addressing debt situations
payment methods that can be adopted by the client
alternative methods for dealing with debt
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:
18.1 credit arrears management
18.2 debt recovery, repossession
18.3 fair treatment of customers
18.4 debt management
legislation and organisational procedures in your jurisdiction relating
to fraudulent activity
how to prepare and present defences in relation to client debt
how to prepare and present applications in relation to client debt
how to engage with insolvency proceedings
factors which can make debts unenforceable
how to challenge creditors when debts appear unenforceable
how to identify appropriate defences and strategies for dealing with
different types of repossession
how to distinguish between personal debt and business debt, and
why this is important
how to deal with sole trader/ business debts when clients have
ceased trading, and appropriate referrals for those still trading and/or
limited company debt
the provisions of limitation legislation
procedures for the recovery and enforcement of debts by foreign
banks and lenders in your jurisdiction
the grounds and procedures for judicial review in your jurisdiction
strategies for dealing with creditor action to repossess goods
ways that creditors can enforce judgements and other court orders
procedures for clients to suspend enforcement action
powers of enforcement agents
grounds for challenging the actions of enforcement agents