OFT debt collection guidance

[BankFodder]

Seems to be a very useful publication

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

feel free to comment

[emma81]

Thanks for putting this on the site its a very intersting read.

[remus]

Couple of points, 2.2 H premium rate telephone numbers, I thought they all used them, do they have to supply 0800 now?
2.10 D applying unreasonable charges, does that cover the £20 admin charge for taking on the debt or 10%? can we refuse to pay this?
2.14 limitation period, how long out of curiosty is this?

[c01in]

yes thank you very much i wasn't aware of a statute of limitations.i have been able to download a sample letter to use.i will be using this to further pee off the pond scum known as robinson way.

[1970]

Having read the OFT guide, am I correct in the following statements:

1. DCA's can only collect if there is contractural basis - deed of assignment.
2. DCA's can only add charges or interest if there is contractural basis as point 1.

Correct?

1970.

[mrsfoot]

This is a good link too...hope you dont mind me adding on!!

Law relating to debts: statute-barred debts

Your Rights against Creditors from Debt Questions

I have found these sites have been very useful

[sequenci]

Originally Posted by 1970

Having read the OFT guide, am I correct in the following statements:

1. DCA's can only collect if there is contractural basis - deed of assignment.
2. DCA's can only add charges or interest if there is contractural basis as point 1.

Correct?

1970.

1. if the debt has been bought by the dca then i would agree, yes. some dcas work on behalf of a creditor, some are actually inhouse (metropolitan and mercers for example)

2. i would agree!

[remus]

Originally Posted by sequenci

1. if the debt has been bought by the dca then i would agree, yes. some dcas work on behalf of a creditor, some are actually inhouse (metropolitan and mercers for example)

2. i would agree!

sequenci

if the dca have had the debt passed to them, (not inhouse) are you saying they can not add on charges ie: in my case increase of £20, queried, and told it was admin? do I need to ascertain if there is a deed of assignment

[sequenci]

Originally Posted by remus

sequenci

if the dca have had the debt passed to them, (not inhouse) are you saying they can not add on charges ie: in my case increase of £20, queried, and told it was admin? do I need to ascertain if there is a deed of assignment

it's the same principles as the bank charges argument. you could probably challenge it on the grounds that either

a) it's disproportionate
b) there was no provision for it within the original contract

[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.

[remus]

Thanks for that rory32,
I will not avoid the original debt, what I object to is effectivly paying someone to haress me, (admin charge).
They are already making money from buying the debts cheap, and the fact that they have to offset against debts not being paid.....well buisness seems to be booming

[Wonga Wallah]

For those that are getting unreasonable telephone harassment from debt collectors, there some good advice here: Resisting harassment from creditors with the Wonga Wallah

[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

[rory32]

"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?"

They can not add charges full stop.

In answer to your other question - the CCA would show what ou agreed to. If they fail to supply it (or say you can't have it) after 12 working days from receipt of the request they are in default. Once they are in default the debt is unenforceable without them producing a copy of the agreement and so you can withold an payment.

Supplying you with a copy of the agreement is your legal right. Whether they feel obliged to do so or not is neither here nor there. If they refused and then produced it in court the case would be thrown out on the isue of discloser.

If you give me a link to your thread I'll have a look at it.

[diskmandave]

The OFT has changed it's website.

Here is the new link to the guidance:

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

[pete16]

Thanks Rory.

I have been unwell for a while and am just able to get back to the computer. The thread is finished now. AIC Glasgow accepted my offer of payment after I threatened to report them to the OFT and to take them to court for defaulting on my CCA request after 42 days (actually over 2 months). They agreed to accept my payment offer - great result!

Thanks everybody involved in helping me over this! It just proves to me that you all give great advice, and if it is followed properly then you can get a result, irrespective of how aggressive and abusive the DCA is.

Cheers.