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Debtcollection - epetition reply

29 February 2008

 

We received a petition asking:

"We the undersigned petition the Prime Minister to Introduce legislation to give better protection from harrassment by Debt Collection Agencies."

 

Details of Petition:

 

"Debt Collection Agencies are increasingly targeting people for debts that they do not owe or dispute, which calls into question their tracing and data sharing procedures. Little or nothing can be done to deter the harrassment caused by them telephoning day and night, and a constant stream of pointless letters. People avoiding debt leave a trail of misinformation, something which DCA's don't seem to understand. To respond to a letter or call seems to be an automatic admission, whether or not the debt is actually owed. There has to be a better way to protect people from the tactics employed by these Companies, while correctly identifying evasive debtors."

 

Read the Government's response

 

The Government has recently taken measures to strengthen the regulation of the debt collection sector. Under the Consumer Credit Act 1974, debt collectors already require a consumer credit licence in order to operate. The Office of Fair Trading (OFT) has a statutory duty under the Act to ensure that licences are only given to and retained by those who are fit to hold them. The OFT must, when determining whether or not a licensee is fit to hold a licence, consider any evidence that the licensee has engaged in business practices appearing to be deceitful or oppressive or otherwise unfair or improper.

Debt collectors that hold a consumer credit licence need to also comply with specific fitness guidance OFT has issued covering the debt collecting sector. This guidance was issued in July 2003 and applies to all consumer credit licence holders.

If a licensed debt collection agency or creditor persistently fails to comply with OFT's debt collection guidance or there is evidence to substantiate claims that the licence-holder has engaged in unfair business practices, OFT can ultimately revoke its licence, effectively putting the trader out of business. Any persistent failure by a creditor to provide accurate information could also reflect on its fitness to hold a licence.

This guidance outlines the types of business practices the OFT considers unfair and so incompatible with fitness to hold a consumer credit licence.

The guidance covers;

Communication

False representation of authority/legal position

Harassment

Deceptive and/or unfair methods

Unfair charges

Visits

Statute barred debts

The guidance is available at:

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

Anyone who wishes to comment on non-compliance with the OFT's guidance, can e mail them at [email protected] or telephone on 020 7211 5823.

However, in addition to the current rules relating to the debt collection sector, new legislation will strengthen and add flexibility to the regulatory options available to the OFT in operating the consumer credit licensing regime. The OFT has been given new powers by the Consumer Credit Act 2006 (CCA06), which comes into force in April 2008.

These will allow the OFT to place 'requirements' on licensees to modify conduct and impose financial penalties of up to £50,000 for a failure to comply with a requirement. The OFT will also have new information gathering powers enabling it to more effectively pro-actively monitor compliance by seeking information from licensed businesses about their activities including, for example, their debt collection practices.

In addition, the CCA06 also gives the OFT powers to take into account a company's competence to lawfully provide credit when assessing fitness to hold a licence. From April OFT require more information from businesses engaged in 'high risk credit activities' such as debt collection at the licence application stage in order to satisfy itself that the business will be 'credit competent'.

Credit competence refers to the ability of the business to carry out the activities covered by the licence to a reasonable standard. It will also take into consideration business processes and procedures which would assist with maintaining good standards of consumer protection. For example, whether adequate staff training procedures are in place to ensure that the firm's legal responsibilities are understood at every level of the organisation. This means that debt collection businesses will be subject to greater scrutiny at the licence application stage and greater monitoring throughout the life of the licence.

Further Information

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At least it wont affect those upright one such as lowell:grin: :grin: :grin: :grin: :grin:

All comments are well meant but i am not legally qualified only CAG educated:D

 

 

In the slight chance i have been helpful please click the scales:)

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LMAO @ ^ :D you forgot Robbo Way, they have ``numbers and everything`` so the debt is clearly yours :rolleyes:

[COLOR=blue]THAMES CREDIT: STATUTE BARRED LETTER SENT [/COLOR][COLOR=red]No reply[/COLOR] [COLOR=#0000ff]HILLSDEN SECURITIES: CCA REQUESTED [/COLOR][COLOR=red]No reply[/COLOR] [COLOR=#0000ff]ROBINSON WAY: CCA REQUESTED [/COLOR][COLOR=red]In default, 30 days up 6th April[/COLOR] [COLOR=#0000ff]LOWELL: CCA REQUESTED [COLOR=red]In default 30 days up 6th April made offer for F&F - refused [/COLOR] :D [/COLOR]

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What about MacHall that upright and resolute institution who hold all debtors in such high esteem as to continually harass and cajole where evidence and substance is non existent...long live the inscrutible DCA

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'financial penalties of up to £50,000'

 

I like this bit particularly

 

Needs to be set up as a letter template asap. I can think of a few people I will be sending it to:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Bear in mind that all these "new" powers come into effect as of 6th April 2008.

Rest assured I will be working on some good stuff to send to our friends.

 

The time to start gathering evidence is NOW, so we can hit the OFT with multiple voluminous dossiers come April.

Be VERY careful whose advice you listen too

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Now that's more like it!!! Let's work to get these 'rogue DCAs' shut down.

Thanks to DannyBoy660 for starting the petition. And CurlyBen - excellent! :D

If anyone is reading this thread who hasn't joined the Consumer Action Group, now would be a good time! ;):)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Robinson Way's masters, London and Scottish are now concentrating solely on RW, hopefully that will see the entire company closed down under the rules above! I have one of those posted 2nd class "We called but you were out... please call xxx" from London & Scottish. I WONT be calling them and will send the IN WRITING ONLY letter.

 

Perhaps we could get somebody in Government to read this website and see what the DCA's really do. I'm still waiting for info from Westcot which they claimed they had - but instead got a 'returned to client with no further action' letter. Their guy on that occasion was really OTT and insisted he had signatures for items ordered etc... and they would be in court inside a month... I said "Lovely, then the court will find out how you can't provide what you are stated." and put the phone down. They rang back five times but I left the phone off the hook each call.

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well thats bryan carter up the river without a paddle :p

 

That's for sure, and Fredrickson,Cyclone assets etc etc, i'm sure the OFT will dig up a can of worms.

And i still have loads of letters from all of them :D :D :D

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Whilst like most here I am happy that debtors will have this protection it still needs the regulators to actualy do something & if the past is anything to go by I don't hold out much hope - but hey maybe I'm wrong I have been before.:roll:

 

BTW London & Scottish have come to the attention of the financial press & the regulators as very recently becoming even more aggressive in debt recovery - It appears they are foreclosing at the drop of a hat - I can only guess why;)

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Now that's more like it!!! Let's work to get these 'rogue DCAs' shut down.

Thanks to DannyBoy660 for starting the petition. And CurlyBen - excellent! :D

 

I would like to add my thanks to DannyBoy660 and Curlyben for starting the petition. :)

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Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I would like to add my thanks to DannyBoy660 and Curlyben for starting the petition. :)

 

The Petition was ALL Danny's work, nowt to do with me.

I shall be working on some missives for our "friendly" DCA's ;)

Be VERY careful whose advice you listen too

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Perhaps the DCA will pay it off at an amount it can afford each month :D

 

 

PMSL...I bet they'd offer a pound ;)

"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 :)

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That IS excellent news! Well done!

 

*I'm seeing double again!*

 

:grin:

Did you know that banks take out insurances to cover for your loans so, in the event you cannot pay back, they get their dosh back anyway! :eek:

 

:) Enjoy arcade games? Then click here to join, it's quite FREE you know! :whoo:

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offer of instalments rejected.

time to pay rejected

£1.00 a month rejected.

 

Is this only DCAs or catalogue comapnys as well.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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We''ll send round a door step agent, plus a van and add on £520 in costs!!

:D Actions in progress

Natw West on hold pending test case

LLoyds claim 3 on hold pending test case,

 

:lol:Claims Settled

LLOYDS TSB x 2 WON,

MBNA WON,

A&L WON,

GE Money x 2 WON , c

o-op visa WON, capital one visa WON,

Halifax (o/h) WON,

capquest, WON

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