idea re harrassment

[itsamomentintime]

i would like peoples opinions please:

 

lets say we have a situation where a debt is disputed and you CCA the original creditor.

 

you recieve an application form (or nothing at all), and the allleged debt is passed to a lovely DCA.

 

you CCA the DCA (that rhymes!) and/or advise them that the debt is in dispute with the original creditor.

 

the DCA may pass on the alleged debt to another DCA and the above cycle will start again.

 

if this continues, I am of the mind that the original creditor should be sued for harrassment, as they are responsible for the DCAs behaviour, seeing as the original creditor brought the DCA into the loop in the first place. I am talking about behaviour such as threats, deception and other situations that go against the OFTs guidelines on debt collection.

 

the original creditor should be held accountable for the actions of DCAs, and dealt with accordingly.

 

anyone?

[spamheed]

I wonder if simply sending the correspondence from the latest DCA to the OC, with a covering letter clarifying the dispute re CCA would be sufficient to get them off your back

[ScarletPimpernel]

am talking about behaviour such as threats, deception and other situations that go against the OFTs guidelines on debt collection.

 

the original creditor should be held accountable for the actions of DCAs, and dealt with accordingly.

 

 

 

From the OFT Guidelines:

 

Creditor responsibility for third parties

1.9 If consumer credit licence holders choose to do business or continue to do business with third parties engaged in questionable fitness behaviour, then their own fitness will be called into question. Our aim is to ensure that creditors do not ignore the unfair practices of debt collectors, whether in-house or external, acting on their behalf. It is not for the OFT to specify in this guidance how choices about third party selection are made nor to advise on desired conduct between third parties. However, during any investigation in this respect, we would expect to see that care had been taken in the selection process, complaints had been investigated and that firm action had been taken as appropriate. It would be unlikely that we would take action against a creditor who could demonstrate such action had been taken.

 

As always, the problem is that the OFT do not appear to take enforcement seriously, so that although the regulations are already in place creditors flagrantly ignore it.

 

Has anyone who has complained, to an original creditor, of a DCA's behaviour, ever had any sort of reply other than some waffle about how they consider the DCA 'reputable'?

 

I complained to Amex about RMA. After the initial template response I complained again and asked for a proper response; this time they acknowledged the letter and promised a full reply, though none has been forthcoming for 2 months. However, they did take the file back from RMA - and pass it on to some other motley crew who also don't appear to understand the concept of no agreement = unenforceable...

[Hopeful1]

I complained to Egg about Arc. They did not respond to my letter, but i have never heard from Arc again and they (Egg) have taken me back under their wing!!

[2Grumpy]

My son complained to Natwest about Intrum Justicia & Allied International

 

They said that IJ were doing their job properly & ignored the one about AIC

 

Next letters due soon!

 

Grumpy

[2Grumpy]

Re my previous post, does anyone have a synonym ofr lying, liars, or lied that's not going to land me in trouble if I use it in a letter to describe the DCA's behaviour?

 

Grumpy

[ScarletPimpernel]

Re my previous post, does anyone have a synonym ofr lying, liars, or lied that's not going to land me in trouble if I use it in a letter to describe the DCA's behaviour?

 

Grumpy

 

 

Dissembling

 

Perfidious

[ThisVeryMoment]

Why don't you just stop moaning?

[Struggling_Simon]

purveyor of terminological inexactitudes

[Goldlady]

incorrect information, misinformation, misinterpretation of facts, unsubstantiated threats, underhanded and devious actions - do you get the impression I have dealt with a few DCAs:D

[ThisVeryMoment]

Pretending they dont have the information, giving incorrect income, misinformation, misinterpretation of facts, unsubstantiated claims of poverty, underhanded and devious actions - do you get the impression I have dealt with a few debtors?

[2Grumpy]

I've decided to go for: "you have not produced any copies of the “numerous letters that I ignored” or any explanation of why you made this claim if it is untrue"

 

I decided not to go for anything stronger because I want to appear reasonable!

 

I think that DCAs have a duty of care to ensure that they get the details right and behave correctly and they often fail to exercise due diligence

.

I have been sending a reworded copy of all complaints to the bank as well, making a complaint about what their agent is doing in their name and saying that I hold the bank responsible for their agent's actions.

 

The bank did say that they got very few complaints about their DCAs. I said that I couldn't understand that!

 

Grumpy

[spamheed]

My ex wifes solicitor always preferred to use the word, "disingenuous"

 

lacking in frankness, candor, or sincerity; falsely or hypocritically ingenuous; insincere: Her excuse was rather disingenuous.