Trading Standards advice

[vengeancedemon]

To quote from a communication from Trading Standards ref a complaint after a DCA total default

"y failing to provide the specific documents in accordance with section 78 of the CCA1974, this company has caused an offence. For this reason, I have passed the details of your case to the relevant Trading Standards Authority for their information ( this is a reponse from Consumer Direct web complaint site)

 

Since these companies are regulated by the Financial Services Authority I have attached their contact details below in order for you to make a formal complaint to them.

 

Financial Services Authority or 0845 606 1234

 

In addition I note that the DCA is harassing you for payment. The DCA concerned would be seen as committing an offence of harassement as they have breached the Administration of Justice Act 1970. The OFT have issued a policy of Debt Collection Guidance on harassement and claim an offence is committed in one of the following 4 ways.

 

1. Frequency of payment demands (before 8am and after 9pm and more than 1call per day if the first was answered.

2. Manner of payment demands

3. Subjecting consumer or family to alarm distress or humilitation

4. Falsly representing themselves or their paperwork in an official capacity"

 

So there we are, it would seem that Consumer Direct anyway are taking these complaints seriously, and passing them to local TS

 

What have you to loose? they are making you miserable, so get a bit back

[mr.ton]

Make no mistake about it...its an all out war & the public are winning!

[MrSensible]

Since when were DCA's regulated by the FSA? Hmmm, very suspicious indeed. Methinks this post is made up!

[cerberusalert]

MrSensible check FSA Register and enter the details of any DCA, then you will discover that the OP is genuine

[Monty2007]

Complaints and policing consumer debt issues was recently passed to the FOS. TS will no longer deal with these issues and this was confirmed to me by Cambridge TS and most recently Livingston TS, both referred me to the FOS and provided a leaflet.

 

I had visited with them in relation to a CCA and they informed me that no creditor or DCA had ever been prosecuted for not supplying an agreement under the 1974 Act. They would only consider taking action if the creditor produced a copy that was materially different from the original (i.e. fraud).

[JOSH_IOU]

its a consumer revolution as Martin Says.

[vengeancedemon]

Well, all I can say is that I listed the main contents of a response by email to me from Consumer Direct, and I have no reason to doubt its authenticity

[MrSensible]

Well, all I can say is its wrong!

[vengeancedemon]

You are entitled to your opinion of course, but as others have made observations regarding the veracity of my original post and I have absolute confidence in the authenticity of the response sent to me.

 

Are you able to provide actual proof of any inaccuracies? or perhaps you have an interest in doubting the veracity of my observations?

 

BTW as a JP I have every confidence in the reply I received from Consumer Direct- they replied to my on line compaliant from their web form. Or have the DCA's managed to intercept this syatem? I wouldnt be at all suprised, they appear to be renowned for their illegal activeties

 

I question your credentials and motives

[MrSensible]

I am able to provide actual proof of the inaccuracies? I called the FSA and they told me they do not regulate DCA's.

 

I question your credentials and motives.

[vengeancedemon]

Everybody else seems to be at contretemps to you

 

Which DCA do you represent? I really suspect a Troll alert here

BTW my original post outlining the post of detail has been confirmed by snail mail in a letter properly headed and postmarked from the appropiate TS so are the Consumer direct people totally infiltrrated to the extent that communication is totally compromised?

 

I know that subversion knows no levels, but really this is totally unbelievable

[MrSensible]

Phone the FSA tomorrow. Then apologise to me. THEY DO NOT REGULATE DCA'S!!!!!!!!!!!!!!!!!This is totally unbelievable. Are you a troll tryng to give wrong advice?

[MARTIN3030]

Debt collection agencies/debt buyers and sellers ...aside from being required to adhere to Peters codes of practice

(those who are members ).....certainly are regulated to observe the rules of the Consumer credit act 1974 as ammended (if they want to keep their licences).....as well as observing debt collection guidelines as set out by the OFT.

 

Its not Cag members who are uninformed as to their rights but moreso Debt collection agencies themselves who continue to flout the rules set up to protect consumers.One example is the DCAs who still continue to use 0870/0871 premium numbers for which they can benefit by 4-6p per minute.

Breaching OFT guidelines on debt collection (section 6.2) by continuing to demand payments where a dispute is in place.........breaches of Admin of Justice Act.....by hassling by phone . trying to collect a debt where its clear that another collector is also on the case failing to inform the debtor of transferre to another company...........the list goes on

[2Grumpy]

So now we have to find out how FOS deal with complaints passed to them by consumer direct ...

 

Will they have enough staff to handle the workload?

 

Grumpy

[vengeancedemon]

If you read my OP, the suggestion was made by Trading Standards that a complaint could also be made to OFT, didnt make any mention of them regulating

 

As to the suggestion that I might be a DCA well, rather a poor joke I am afraid, as one who even had the B******'s phoning the hospital ward I was in last summer after heart surgery. The sister was very abrupt with them !

[vengeancedemon]

sorry should have said FSA, as well

[Rhia]

A complaint can be made directly to the OFT as I have done this and so have others. They have a special section and a special form to complete. It might be worthwhile emailing them and asking for advice.

[tifo]

Since when were DCA's regulated by the FSA? Hmmm, very suspicious indeed. Methinks this post is made up!

 

I would think because they hold a Consumer Credit License.