RSTP3020 - Failing to comply with debtor contact notice

RSTPA guidance on the penalty a third party may be liable to for failing to comply with a notice requiring the provision of the contact details of a debtor.

If you are a third party to whom we issue a notice under section 228 of the RSTPA 2014 to provide us with the contact details of a person who is in debt to us but with whom we have lost contact (see RSTP5005) and you fail to comply with that notice, you are liable to a penalty of £300.

You are not liable to this penalty if you satisfy us or (on appeal) the tribunal that there is a reasonable excuse for your failure to comply with the notice. See RSTP3022 for guidance on what may, and may not, constitute a reasonable excuse.

We must make an assessment and notify you of your liability to the penalty within 12 months of the date on which you first became liable to the penalty unless the notice  is one which you have the right to give a notice of appeal against (that is, you can appeal against the notice on the grounds that it would be unduly onerous to comply with it – see RSTP6004).

Where this is the case, we must make an assessment and notify you of your liability to the penalty within 12 months of the latest of:

  • the date on which you first became liable to the penalty;
  • the end of the period in which you could have given a notice of appeal against the notice (see RSTP6008); and
  • if you have given a notice of appeal against the notice, the date on which the appeal is determined (upholding the penalty award) or withdrawn.

You must pay the penalty no later than 30 days from the date on which we issued the notice of the penalty assessment to you, unless:

  • you give a notice of review (see RSTP6006) against the penalty, in which case you must pay the penalty no later than 30 days from the date on which the review is concluded (upholding the penalty award);
  • you enter into mediation with us following a review but either you or we then give notice of withdrawal from mediation (see RSTP6007), in which case you must pay the penalty no later than 30 days from the date on which either you or we gave the notice of withdrawal; or
  • you give a notice of appeal (see RSTP6008) against the penalty, in which case you must pay the penalty no later than 30 days from the date on which the appeal is determined (upholding the penalty award) or withdrawn.

We will charge interest on the amount of any unpaid penalty from the date on which the penalty is due to be paid until you pay it (see RSTP4003).

A penalty for failing to comply with such a notice is treated for enforcement purposes (see RSTP5001) as an assessment to tax. This means that we have the same debt enforcement and recovery powers in relation to this penalty (and other penalties) as we have in relation to tax.

RSTPA 2014 sections 201-203

RSTPA 2014 section 229

Ref ID: 
RSTP3020
Archive Date: 
15 March 2015
Last updated: 
15 March 2015
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