Alf -v- A&L - MBNA - DEBT CLEAR - CABOT/RED - NOW CLARITY ON THE CASE

[ScarletPimpernel]

I note that Clarity's letters are still not in line with the OFT/CSA guidance.

[alfwithhair]

I note that Clarity's letters are still not in line with the OFT/CSA guidance.

 

In what respect SP?

[spamheed]

My god what a read!!!

 

You gotta love those threatening letters, so much variance in the level of threat

 

ON PAIN OF DEATH

YOU MUST PAY US NOW!!

 

 

OR WE WILL EITHER

 

BRING DOWN THE WRATH OF KANE ON YOUR ABODE

AND OF ALL THOSE THAT YOU HOLD DEAR

 

WE WILL

RENDER YOUR FLESH

 

AND

TEAR ASUNDER THE VERY SOULS OF YOUR ENTIRE LINE

SCATTERING YOUR SEED

UNTO

THE FOUR WINDS OF THE WESTERN ISLES

OR

alternatively we might just plant a small purple geranium in your back yard and then run away

[alfwithhair]

You are so right Spamhead LOL

[spamheed]

That should have read "might run away" coz they could always walk fast

[ScarletPimpernel]

From the OFT and CSA guidance on letters from DCAs:

 

 

Legal action

 

v-i. Describing the legal process

 

The OFT has seen a number of standard letters issued by DCAs which contain inaccuracies and omissions in their description of the debt recovery procedure and the legal process and which fail to mention that steps are required before enforcement action can be taken. For example:

 

 letters which set out the potential enforcement actions following non payment of a County Court Judgment (e.g. bailiffs seizing goods, employers deducting money from wages) without indicating that a further application to the court is required before enforcement action can be taken (i.e. to obtain a warrant of execution, attachment of earnings, charging order etc); or

 

 letters referring to bankruptcy and charging orders where it is not clear that a staged process is involved.

 

Sending such letters, would in the OFT‟s view, potentially be an unfair or oppressive business practice in breach of paragraphs 2.2b, 2.4b and/or 2.6g of the DCG

 

Although the OFT does not expect to see every stage of the process set out in letters of this type, a correct indication of the stages before enforcement action can be taken should be provided to prevent letters from being misleading, potentially exploiting debtors' lack of knowledge and being perceived by recipients as threatening.

 

Members are reminded that the granting of judgments and other orders are court decisions and letters should not pre-empt a particular outcome e.g. that a judgment WILL be made.

 

The 'DCG' is the OFT Debt Collection Guidance.

[alfwithhair]

From the OFT and CSA guidance on letters from DCAs:

 

 

 

The 'DCG' is the OFT Debt Collection Guidance.

 

I see, that is most interesting. I sense one of my letter in production shortly

Thanks for that SP