OFT debt collection guidance

[greendykes]

Brilliant! Thanks you so much Rory I could kiss you!! I love this place. Now I just need to draft a letter to 1st Credit explaining the above and requesting the CCA again. Thank you all

[oneofakind]

Hi all,

I'm in need of some specialist advice.....

Child Support Agency are sending a DCA after me for 'arrears' which I don't owe. (The 2 children live with ME!)

If I dispute the 'account', can the DCA do anything?

The CSA seem to have wide ranging powers, but would a DCA acting on their behalf still be bound by normal regulations?

Thanks.

D.
(full details of the case are on my own thread...)

[Pat-Uk]

Sorry to jump into this thread, but I was told in this post Regal Credit WILL NOT abide by CCA Letter that as it was for an overdraft, CCA did not apply.

Was the information I was given in that thread wrong ??

[rory32]

The advice you were give was sort of right. They were wrong to say an overdraft isn't covered by a CCA request as most are. However, unfortunately, in your case this is a business overdraft so would not be covered by The Consumer Credit Act as you would not be a consumer in this case, but a business.

[Pat-Uk]

So what act would I be covered under, does it mean that a business account is a lawless account ??

[rory32]

I have now looked at little more into this but could you tell me when the overdraft was taken out and how much the overdraft is for.

[rory32]

Also are you a sole trader or partnership?

[Pat-Uk]

I was a sole trader, and the overdraft was agreed (and had to sign a seperate agreement to get it) but cant find a copy of the agreement form, it was £1000 overdraft.

All I have got back from Barclays after Subject Access Request is statements, but they have have not detailed the "commission charges" just every month there is a debit for commission, which includes any bank charges.

[rory32]

This may be covered, but I'll have to check.

If you start a thread on this (probably either in general debt or the debt collection subforum) you'll get more input on this.

As a seperate issue, are you planning on claim the charges back?

[zhanzhibar]

Sorry to butt in like this but I was reading this thread when I came across Pete16 thread no 13. I too have a debt with Amex who has passed my debt to Allied International Credit Ltd who has increased my outstanding balance by £1,072.33. According to them this is a referral fee. So reading this thread, this charge does not sound legal, right?
I have other creditors to whom I sent my Income & expenditure,list of all creditors & amt I owed and after taking out all priority payment how much i can afford to pay each & every one of them. I sent these letters back in Feb 07. Since then I become one of these people who are actually too scared to pick up the phone. On top of that I had a c-section at the end of March & have been recuperating for the past couple of mths. To avoid the phone calls & increased level of stress ( I have enough stress with a new born baby!!) , I just never pick up any landline calls anymore.
I have a thread here “Threat by HFC Bank Solicitors & HSBC Bank”. These 2 creditors are at the moment chasing me left right & centre. The HFC Bank told me to go for voluntary charge. What the hell is that? I haven’t agreed to that yet. I think it does not sound as if I should & their solicitor has also increased my outstanding balance by £600. Surely that is not right too?

[MARTIN3030]

Originally Posted by Pat-Uk

I was a sole trader, and the overdraft was agreed (and had to sign a seperate agreement to get it) but cant find a copy of the agreement form, it was £1000 overdraft.

All I have got back from Barclays after S.A.R - (Subject Access Request) is statements, but they have have not detailed the "commission charges" just every month there is a debit for commission, which includes any bank charges.

Pat I claimed these so called commission charges with my first Barclays business claim.
Yes they will tell you they are not claimable but will cave in and pay them when they settle just before court.
What I did not claim was the auto entries since this was for a service that was provided and is well documented within the statements.
Have a look at my thread Martin3030 v Barclays Business

[Pat-Uk]

Hi

Thanks for your reply Martin, I don't spose you have a link to that thread ??

Also, I know that the commision charges included the automated charges, but the statment does not show a breakdown of this information, I used to get a seperate commission breakdown but this information was not supplied by barclays when I Subject Access Request d them.

[diskmandave]

Debt collection guidance for consumer credit licence holders and applicants. November 2002 OFT611.

http://www.debthelpuk.co.uk/pdf/oft611.pdf

[curlyjewel]

Originally Posted by BankFodder

Seems to be a very useful publication

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

feel free to comment

Isn't it unthinkable all the things that DCA's actually do that is illegal and yet so many people feel intimidated and threatened by them, myself having included!

[remus]

Originally Posted by curlyjewel

Isn't it unthinkable all the things that DCA's actually do that is illegal and yet so many people feel intimidated and threatened by them, myself having included!

it beggers belief, I think this everytime I read someones story, myself included, BUT I know with this site and the help of all these wonderful people, we will overcome
Happy claiming n read read and read some more

[rory32]

Can only agree with remus, the more reading you do the more you will understand your rights. Once you have a good understanding of your rights you are far less likely to be intimidated by these people - who often don't have a clue about the law.

Remember if in doubt just ask.