Mental Health and DCA

[DCA-KING]

Hi does anyone know if there is a law to stop DCA's harrasing people with metal health problems ie:PTSD
Regards DK

[Pinky69]

I don't think there is a specific clause about mental health but where there is a claim against a bank or DCA such as compensation claimed in a complaint to the FOS, the effect on a pre-existing mental health condition could be emphasised. If this can be backed up with a " To Whom It May Concern" letter from a doctor, all the better. It won't stop the DCA's from phoning and the telephone harrassment letter is a must.

[surprise]

My daughter has mental health problems and she was being harassed by Capital One and Lloyds. I wrote to both companies stating the distress they were causing, however, they continued, so I wrote again to both companies with copies to FOS and OFT. I then sent a copy of my letter to FOS and OFT and the phone calls finally stopped.

Whatever action you tell the DCA you intend to take you should make sure you carry your threat out. You could also report them to your local Trading Standards Office.

Good luck.

[sosumi]

There are also guidelines from the CSA - I can't see the visible link but clicking this will download it from the CSA Website:
COLLECTIONS INDUSTRY MOVES TO SUPPORT DEBTORS WITH MENTAL HEALTH PROBLEMS
hope it helps

[DCA-KING]

I will hit them with all the laws see what they come back with total crap prob
Regards DK

[ScarletPimpernel]

Once again the CSA provides a singular demonstration that it is impossible to polish a turd.

The CSA's code of practice is utterly meaningless; the CSA are simply a rather odious group set up to stroke each others corporate egos, and to try to lend an air of respectability to their grubby industry.

Their proposals on mental health shows, I think, the way in which they try to appear to be taking things seriously whilst doing the opposite.

The highlights include:

“The CSA has been involved with a mental health working party that includes Citizens Advice Bureau and various money advice groups"

One wonders why they didn't include any mental health experts.

“There is no verifiable data on the volume of mental health cases within our industry"

My own experience is that several DCA staff with whom I've had contact appeared to be labouring under the burden of mild learning difficulties, particularly cognitive deficits, rather than mental health problems. It would be interesting to know whether the debt industry attracts a higher proportion of individuals with personality disorders. Since an ability to bully seems to be a prerequisite, this may well be the case.

Or perhaps the CSA were talking about the people they try to collect from...

In terms of law governing harassment of individuals with mental health problems, I imagine that the Protection from Harassment Act and Administration of Justice Act will apply.

If the CSA's drivel is to be believed, once a DCA is aware that an individual has mental health problems they should then act accordingly. I think that rather than asking for a doctor's letter, make them do the work (and pay the fee). Harassment is defined by the target's perception, so you write and tell them that you perceive their behaviour as harassment, that it is impacting upon your mental health problem, and that if they require confirmation they can write to your doctor.

A doctor will need consent to disclose information, and you can ask that he or she simply confirms that you are suffering from a mental health problem, which is all a DCA needs to know; clinical details are unnecessary.