OFT debt collection guidance

[rory32]

I'm afraid this is often standard practice. They tend not to put a lot of info on the postcard to try and get around The Data Protection Act and dupe you into phoning them. Have you started a thread on this?

[maybelline]

Originally Posted by rory32

Just a quick point with regards to notice of assignments from DCA's.
If the notice includes an amount demanded that is incorrect it renders the notice legally invalid (e.g. unlawful charges or DCA admin/collection charges).
Even if the amount doesn't include charges but is misstated it is still invalid.
If the date is incorrect it is legally invalid (i.e. does not tie in with the deed of assignment - the execution of assignment should be the same as the date shown on the notice).
The case that supports this is W.F.Harrison & Co Ltd v Burke [1956] 1 WLR 419

P.S Thanks go to Laiste for pointing this out.

so what does this notice look like? I had a letter stating, we sole this blah blah to you on blah blah and so it was assigned ( a copy, for a debt that was all paid up and a default was incorrectly placed on file, the creditor removed it but the dca they passed this info on to still refuses) so wondered if the deed of assignment could be challenged?

[SampleX]

Hello there.

I'm not sure that I didn't post this before but I can't find my former thread...

I had a debt with a bank over a credit card. Long story short, the bank offered to settle for a 40% payment. I have this in writing. I responded in writing immediately accepting the offer and asking how and when they wanted me to pay them. I was ignored. I sent that letter three more times, including after having received a 'since you're ignoring us, we're threatening you with legal action' letter. Some of the letters back to them were even recorded delivery.

Anyway, they then assign the debt to a DCA, a bunch of wigglers called Link Financial. Link are now demanding the full original amount of the debt, and ignoring my dispute over the fact that the bank had made a proposal which I had accepted, and I expect them to honour it.

How do I deal with this?

I understand that there are limitations on the hows, whys and wherefores of debts being enforced by collectors, not least disputes over the appropriate documentation being transferred and contracts and such like. I also understand that I'm entitled to certain informations about the handling of my accounts etc.

However, I'm not the sharpest tool in the box, having ended up suffering stress related illness as a result of the failure of my business and the mass of debt I'm facing, and particularly this manifests itself in my inability to sit and read endless pages and documents without getting confused. I've been trying to tackle credit card and bank charge reclaiming at the same time as dealing with debt recovery and such like, and my head is swimming in acronyms and terminology and procedures to the point that I don't really know where to begin.

I do dispute a good proportion of the sum of this credit card bill, because I know a huge amount of it relates to late and default payment charges, rather than actual spend, expecially considering that £1000 paid to the bank over the last 2 years has seen the balance increase over a grand nonetheless... So with all the procedures involved in this whole thing, I'm confused, and in spite of letters to the contrary and phone calls where I refused to deal with them on the phone, only in writing, these swine are still ringing me, and the place I'm living, anything up to three times a day, while we avoid the phone.

How do I go about demanding the right documents, and setting out the right procedures to tackle this, see if I can reduce what I need to pay, and deal with this in an affordable manner, understanding that I'm currently part time self employed with irregular income after the loss of my business.

Can someone give me some help or mentoring with this, please?

Also, as a general question, how legal is it for a company to buy a debt of £4000 for £500, effectively causing the original owner to do a massive write off, when the original creditor wouldn't even agree a massive write off with me directly, and then, even though they only paid £500, they then demand the full £4000 as if I ran up the debt with them directly...? Are there any grounds by which individuals can offer to pay the £500 back, plus a bit of profit, and have nothing to lose, because their credit rating is already damaged by a partial write off from the bank anyway? Can you be blacklisted for the default of a debt, the same debt, to multiple companies? Have you really got anything to lose by not paying, especially considering I have no assets and am lodging with family since the loss of my business?

[ScarletPimpernel]

SampleX - your previous threads are:

http://www.consumeractiongroup.co.uk...hlight=samplex

http://www.consumeractiongroup.co.uk...hlight=samplex

[Josh908]

This company pretty much breaks ALL rules in relation to unfair practice.

How come no one is doing anything about them!!

[Doc2527]

Hi Everyone

Please bump me if I am in the wrong thread.

Can someone help ... I have 2 Credit Cards that have been sent to DCA's of which one of them is cabot (who keep phoning me everyday and night...it's for £200).

If I send a CCA to both of these DCA's can I still reclaim unfair credit card charges from the original creditors?

Or am I being greedy and leaving myself open?

In anticipation

Doc

[InnocentMan_2008]

Originally Posted by pete16

Hello.

I have a debt with Amex, that I am willing to pay in monthly payments, that has been passed to AIS who have informed me that unless I pay the full amount immediately their charges will be high amd that I wll have to pay them a lot more that the original debt, so the sooner I pay the better.

I have a thread on this elsewhere in this forum, so I hope its OK me asking this here. Does that mean that they cannot add charges that are disproportionate to their costs, or that they cannot add charges at all?

If the former what is 'disproportionate'. Also what legal costs can they charge me, and how do I get to find out what I have signed in any of the original paperwork? Would this be on the CCA, and if so what can I do when they refuse to accept that they have to send a copy to me on request, if indeed they are so obliged?

What if they refuse, then produce it themselves in court?

Regards,

Peter

[FONT='Calibri','sans-serif']I have a bit of financial situation where I could not coup up with the monthly payment, this eventually bundled up. I have been using my family’s address, now they have passed my debt to an agency who has phoning them and harassing them, giving them mental pressure. Last week they told my family that they will bring police in their house. Can they do it? [/font]

[rory32]

Last week they told my family that they will bring police in their house. Can they do it?

No, it's a civil matter. What is the account in relation too?

[InnocentMan_2008]

MBNA credit card

[rory32]

It's best if you start a thread on your situation in the Debt Forums. For credit card debt the police won't come to your home and you can't go to jail over it. The DCA dealing with your account have no legal powers. It's best if you don't speak to them on the phone (it's your legal right to insist that all communication is in writing) as you have already found out they will tell you any old rubbish on the phone. Phone calls can also be denied unless you record them. If you don't know how to start your own thread have a read here "How do I...?" A Dummies' Guide to this Forum

[WinstonDog]

Why should u never sign letters to DCA?

[rory32]

It removes the temptation to be creative with photoshop when supplying copies of credit agreements, etc.

[sosumi]

Just found OFT664 as a web page through Google:
OFT664 as Web

[sauheil]

where do I find the templates in order to reply to a debt collection company for a card I never had nor obviously used?

[rory32]

If you start your own thread and give some background info on which DCA has contacted you and how you'll receive all the help you need sauheil. If you don't know how to start your own thread have a read here "How do I...?" A Dummies' Guide to this Forum

[Mr Mutley]

Hiya Colin, I had dealings with this pond life as well. After my heart attack they phoned AGAIN and my wife said she part blamed them for my MI and said she would contact OUR solicitors. Nothing else has been heard, but the alleged debt has been passed to other pond life HFO.