Protected trust deeds: improving the process consultation

7. Trustees' Obligations

7.1 Advertising

7.1.1 Advertisements and other forms of marketing must be clearly distinguishable as such and have regard to the OFT Debt Management Guidance and all relevant codes of practice, in particular to the principles of legality, decency, honesty and truthfulness. Any telemarketing must comply with the codes relevant to that activity and must comply with the relevant Recognised Professional Body's ( RPB) guidance.

7.1.2 The trustee must not promote or seek to promote their services, in such a way ( e.g. by 'cold calling') or to such an extent as to amount to harassment or in a way that causes fear or distress.

7.1.3 Where a trustee receives work from a third party, the trustee must make best endeavours to confirm that the third party complies with the expected standards of debtor care. The trustee will be responsible for the regular review of these arrangements to ensure that the third party continues to meet the appropriate requirements. Where the trustee becomes aware that incorrect or misleading information has been provided by the third party the trustee must alert the third party to allow this to be rectified. Where the third party refuses to rectify their material, the trustee should cease to accept work from them and report the matter to AiB for further investigation and referral to the relevant authority.

7.2 Advice

7.2.1 When approached by a debtor in financial difficulty, the trustee must ensure the debtor receives appropriate advice in the light of their particular circumstances, leading to a proposed course of action to resolve their debt problem (see paragraph 3.1, above). Full information on the advantages and disadvantages of all available debt resolution processes must be provided e.g. by use of the publication entitled The Debt Advice Information Pack, which must be made available to the debtor by the trustee or can be found on the AiB website at: http://www.AiB.gov.uk/guidance/publications/debtbankruptcy/DAIP

7.2.2 The trustee must verify that the debtor has received appropriate advice, in the light of their particular circumstances, and make best endeavours to ensure that the debtor understands the implications of the route they are undertaking.