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CCA, DCAs and the Unfair Commercial Practices Directive
The above mentioned legislation came into force on May 26th, 2008.
I've posted this on another thread but think it needs one of it's own.
Here's the response I got from TS yesterday regarding DCAs being treated in the same way as OCs.
Page 2 is particularly intersting.
YAY I got the links to work properly
Let me know your thoughts on this one guys, it could explain a LOT about TS reluctance to act in the past. But, if I'm reading correctly, they can now kick a**
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
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Re: CCA, DCAs and the Unfair Commercial Practices Directive
Thanks 42man, at least we now know why TS were reluctant to act. I can't wait for the first DCA to be prosecuted under the new directive with many more following suit
Shall we take bets on who it's going to be?
Oh, and thanks for the rep comment too
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Re: CCA, DCAs and the Unfair Commercial Practices Directive
I think the confusion over whether a DCA is the creditor or not may depend on whether they have had the debt assigned over to them or if they are just
acting as commission agents for the actual creditor.
Re: CCA, DCAs and the Unfair Commercial Practices Directive
That doesn't matter now, the directive says so
1st credit were the owners of my alleged debt however...
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Re: CCA, DCAs and the Unfair Commercial Practices Directive
I think we're going to see a LOT of passing of 'hot potatoes' for fear of prosection for non comp. with s77 and 78
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Re: CCA, DCAs and the Unfair Commercial Practices Directive
I think you might have missed my point Babybear. If the leading authority that
was consulted by TS was of the opinion that the DCA had not had the debt assigned to them, then one could see that their judgement may have been correct.
However if you can get your local TS to contact them again and ascertain that they were working on the assumption that the DCA had not had the debt assigned, then get your TS to ask if the answer would be the same if that debt had been assigned to them.
Re: CCA, DCAs and the Unfair Commercial Practices Directive
Good point LFI. The chap TS spoke to may well have assumed the DCA were just collecting rather than owned a portfolio of debts that had been asigned by the OC. Best to just get TS to clarify that point.
Re: CCA, DCAs and the Unfair Commercial Practices Directive
I didn't miss the point at all guys.
When my case was looked at, TS followed the advice of their expert NOT LACORS. The new directive makes it clear that LACORS opinion is now backed by LAW!
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Re: CCA, DCAs and the Unfair Commercial Practices Directive
Thanks David, I've been working hard on this one because of the difference in opinion with regard to non-comp. of s77/78.
I believe the new directive should be enough to make every non-compliant DCA take their position seriously or pass back ASAP BEFORE they commit an offence
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Re: CCA, DCAs and the Unfair Commercial Practices Directive
Because the directive wasn't in place at the time they committed the offence in my case LFI...
It only applies to offences commited after 26th May 2008.
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Re: CCA, DCAs and the Unfair Commercial Practices Directive
For further clarification purposes, can any legal people comment on whether the directive covers CCA requests made on or after 26th May 2008, or also those where the offence of non compliance after the further calendar month occurs on or after that date please
This is really important folks 'cos it gives us the amo to give to TS to get some prosecutions going for non comp. of s77/78...
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Re: CCA, DCAs and the Unfair Commercial Practices Directive
Hiya H1
Not many judging on the fact that hardly any of them can seem to read let alone understand legislation, allegedly
Bet there's been a flurry of activity within those that spy here asking their legal departments/psuedo/pretend/solicitors what the f*** this is all about
To our fans at the DCAs: As SC says, if you don't understand this seek legal advice
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Re: CCA, DCAs and the Unfair Commercial Practices Directive
Originally Posted by rameses_qc
I can foresee that they still won't do anything
If every member of CAG is made aware of this and they fall within the new directive, I don't see how TS can get out of not prosecuting for non compliance of s77/78 requests. All they have to do is report it, quote the directive and use the opinion given by TS in post #1.
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Re: CCA, DCAs and the Unfair Commercial Practices Directive
Worth a shot...Go for it girl
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
CCA, DCAs and the Unfair Commercial Practices Directive
I got the links to work properly
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Originally Posted by rameses_qc
