Our commitment
Claybarn Fronteira Limited (“Claybarn”, “we”, “us” or “our”) is committed to recovering amounts lawfully due to it in a fair, respectful and responsible manner. We recognise that customers who fall behind with repayments must be treated with dignity and that debt recovery must comply with applicable Nigerian consumer-protection, privacy and other legal requirements.
This Policy explains the standards that apply when Claybarn, its employees or authorised recovery service providers contact customers about overdue amounts. It is a public statement of our approach and does not replace the customer’s loan agreement or any rights available under applicable law.
Scope
This Policy applies to collection and recovery activity relating to loans and other credit obligations owed to Claybarn. It applies to Claybarn personnel and, where relevant, third-party agents, service providers, legal practitioners or other persons engaged by Claybarn to assist with recovery.
Where Claybarn provides consumer lending through digital, electronic, online or other non-traditional channels within the scope of applicable FCCPC requirements, Claybarn will also apply the consumer-protection and ethical recovery requirements applicable to those activities.
Our collection principles
- We will seek to recover only amounts that are lawfully due and supported by the applicable loan agreement and records.
- We will communicate in a professional and respectful manner.
- We will not use harassment, intimidation, threats, coercion, public shaming or defamatory communications.
- We will respect customer privacy and will not improperly disclose a customer’s debt to unrelated third parties.
- We will provide reasonable information about the debt when requested and investigate genuine disputes.
- We will consider reasonable repayment arrangements or hardship circumstances where appropriate, without guaranteeing that a particular arrangement will be accepted.
- We will maintain appropriate records of material collection and recovery activity.
- We will oversee third-party recovery providers acting on our behalf.
When an account becomes overdue
A loan becomes overdue when a repayment is not made in accordance with the applicable loan agreement. Where an amount is overdue, Claybarn may contact the customer to notify them of the missed payment confirm the amount outstanding, request payment, discuss the reason for non-payment and, where appropriate, explore a repayment arrangement.
Any interest, late fee, default charge or other amount applied following non-payment must be based on the applicable loan agreement and permitted by law. Claybarn will not use debt-recovery communications to introduce undisclosed charges.
Contacting customers
Claybarn may use lawful contact details supplied by the customer or otherwise lawfully held for the relationship, including telephone, SMS, email, WhatsApp, letter or an authorised digital channel.
Recovery communications should, as appropriate, identify Claybarn, provide enough information for the customer to understand the account or payment concerned, state the action requested and provide an appropriate channel for the customer to respond.
We will seek to keep the frequency, timing and manner of contact reasonable and proportionate to the circumstances. We will not deliberately use repeated or excessive contact as a means of harassment or pressure.
Prohibited recovery practices
Claybarn does not authorise its employees, agents or service providers to use abusive or unethical recovery practices. Prohibited conduct includes:
- threatening violence, physical harm or other unlawful action;
- using abusive, insulting, obscene, humiliating or intimidating language;
- publicly shaming or defaming a customer because of a debt;
- publishing a customer’s debt, photograph, personal information or alleged default on social media or another public forum for the purpose of humiliation or coercion;
- making false statements about the amount owed, legal consequences, court proceedings, arrest, criminal liability or Claybarn’s authority;
- falsely representing that a communication comes from a court, regulator, law-enforcement agency or government body;
- threatening action that Claybarn has no lawful right or genuine intention to take;
- improperly accessing, using or disclosing a customer’s contacts, call records, messages, photographs or other personal information for debt recovery;
- contacting unrelated third parties in a manner that improperly reveals or publicises the customer’s debt;
- using discriminatory, degrading or exploitative conduct; or
- continuing conduct that Claybarn knows amounts to unlawful harassment.
Contact with third parties
Claybarn will not ordinarily disclose details of a customer’s debt to family members, friends, colleagues, employers, contacts or other unrelated persons merely to pressure the customer to pay.
There may be limited circumstances in which communication with another person is lawful and necessary, for example, where that person is a guarantor, joint obligor, authorised representative, or legal representative or another person with a legitimate role in the credit relationship. Any disclosure should be limited to what is reasonably necessary and permitted by law.
A reference, emergency contact or person whose details were supplied only to help locate or verify a customer should not automatically be treated as liable for the customer’s debt.
Privacy and personal data
Debt recovery activity must comply with applicable Nigerian data-protection requirements and Claybarn’s Privacy Notice. Personal data collected for lending, identity verification or another purpose will not be used for recovery in a manner that is unlawful, excessive or incompatible with applicable data-protection requirements.
Claybarn will apply appropriate controls to recovery records and communications and will limit access to personnel or service providers who require the information for legitimate and lawful purposes.
Complaints concerning misuse or disclosure of personal data will be referred to the appropriate privacy/data-protection process and investigated.
Customers experiencing financial difficulty or vulnerability
We encourage customers who are experiencing genuine financial difficulty to contact Claybarn as early as possible. Depending on the circumstances, we may request information reasonably necessary to understand the situation and consider available options.
Where appropriate and permitted by the loan agreement and law, possible options may include a revised repayment arrangement, short-term payment plan, rescheduling or another reasonable accommodation. The availability and terms of any arrangement will depend on the customer’s circumstances and Claybarn’s assessment.
Where Claybarn becomes aware that a customer may be vulnerable because of age, disability, bereavement, serious financial hardship or another relevant circumstance, we will seek to communicate appropriately and consider reasonable adjustments to the recovery process.
Disputed debts
If a customer genuinely disputes the amount owed, a payment allocation, a charge, identity, fraud, or another material aspect of the debt, Claybarn will review the issue in accordance with its complaints and investigation procedures.
The customer should provide relevant information or documents reasonably available to them. Claybarn will consider whether particular recovery activity should be modified while a material dispute is investigated.
Raising a complaint does not automatically extinguish or suspend a valid debt. However, Claybarn will not knowingly use misleading or oppressive recovery activity to prevent a customer from exercising a lawful right to dispute an amount.
Repayment arrangements
Where a repayment arrangement is agreed, Claybarn will communicate the material terms to the customer, including the amount and timing of payments and, where relevant, the effect on interest, charges or the original repayment schedule.
Customers should notify Claybarn promptly if they believe they will be unable to comply with an agreed arrangement. A revised arrangement is not effective unless agreed or confirmed through an authorised Claybarn channel.
Credit reporting
Where Claybarn reports credit information to a credit bureau or another lawful credit-information system, the reporting will be undertaken in accordance with applicable law, contractual terms and relevant data-protection requirements.
Claybarn will take reasonable steps to ensure information it reports is accurate and will investigate a customer’s complaint that information reported by Claybarn is materially inaccurate.
Third-party collection agents and service providers
Claybarn may engage appropriately qualified third parties to support lawful debt recovery. Appointment of a third party does not authorise conduct that Claybarn itself would not permit.
We expect recovery service providers acting for us to comply with applicable law, this Policy, contractual conduct standards, confidentiality and data-protection obligations.
Claybarn may monitor provider performance, investigate complaints, require corrective action, suspend assignments or terminate an engagement where a provider fails to meet required standards.
Legal recovery and enforcement
Where reasonable collection efforts do not result in payment, Claybarn may exercise rights available under the applicable loan agreement and Nigerian law. This may include issuing formal demands, engaging legal advisers, commencing lawful proceedings or taking other legally available enforcement action.
Claybarn will not represent that court proceedings, arrest, asset seizure or another legal consequence is inevitable where that is not legally accurate. Court or enforcement action will be pursued only through lawful processes.
Nothing in this Policy prevents Claybarn from taking timely action to preserve or enforce its legal rights.
Complaints about collection activity
A customer who believes that Claybarn or a recovery provider has acted improperly may submit a complaint through Claybarn’s designated complaints channel.
Complaints about threats, harassment, public shaming, privacy violations, unauthorised disclosure, discriminatory conduct or serious misconduct will be escalated promptly for investigation.
Our Complaints Handling Policy explains how to submit a complaint, how we investigate it and the available escalation routes.
Complaints contact:
Email: compliance@claybarn.ng
Telephone: 070 8468 0000
Website complaint form: [insert link]
Regulatory and consumer redress
Where a customer remains dissatisfied after using Claybarn’s internal complaints process, the customer may have the right to refer the matter to the Federal Competition and Consumer Protection Commission (“FCCPC”) or another competent authority, subject to applicable law.
Claybarn will cooperate with lawful regulatory enquiries, investigations and directions concerning debt collection or consumer treatment.
Staff and agent accountability
Relevant employees and recovery providers must be made aware of Claybarn’s collection standards. Material breaches may result in corrective action, retraining, restriction or withdrawal of collection authority, disciplinary action where applicable, or termination of a service-provider engagement.
Claybarn will maintain internal escalation arrangements for serious recovery-conduct concerns and will consider whether an incident indicates a wider control or customer-remediation issue.
Monitoring and management oversight
Claybarn will monitor material recovery activity and related complaints in a manner proportionate to its business. Management information may include overdue accounts, repayment arrangements, recovery complaints, third-party provider performance, privacy incidents, legal recovery and recurring conduct issues.
Material or recurring concerns will be escalated to management and Compliance for corrective action and, where appropriate, root-cause analysis.
Records
Claybarn will maintain appropriate records of material recovery communications, repayment arrangements, disputes, complaints, legal recovery actions and third-party collection activity for the period required by applicable law and its approved record-retention framework.
Review of this Policy
This Policy will be reviewed periodically and updated where necessary to reflect changes in law, regulatory requirements, Claybarn’s lending activities or identified conduct risks.
Contact
Questions about this Policy may be directed to:
Claybarn Fronteira Limited
Address: 8 Lake Chad Crescent, Maitama, Abuja
Customer Service: experience@claybarn.ng
Complaints: compliance@claybarn.ng