governments latest statement

[Justforfun]

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 petition
  
• Petitions home page

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

[toofiegap]

well thats bryan carter up the river without a paddle

[Justforfun]

It's gotta be time to copy and paste the petition, and forward it to all DCA's VIA EMAIL ...

[hughes690]

And so say ALL of us. :o

[Justforfun]

I'm sure Curlyben will now come up with a template for the DCA's, that will steer them in the directions of the Governments latest response to Debt collection

:D

Curlyben i leave it in your hands

[excel1]

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

[FLWLSW]

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

[asr2]

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

[Goldlady]

'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

[JonCris]

Just send them a link

[Curlyben]

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.

[sosumi]

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!

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

[sillygirl1]

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.

[Justforfun]

well thats bryan carter up the river without a paddle

 

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

[JonCris]

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.

 

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;)

[mr.ton]

'financial penalties of up to £50,000'

 

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

[citizenB]

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!

 

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

[Curlyben]

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

[babybear39]

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

 

 

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

[JonCris]

& ask for time too pay

 

 

 

 

 

 

 

 

[JonCris]

& ask for time too pay

 

 

 

 

 

 

 

 

[Jamjar1]

That IS excellent news! Well done!

 

*I'm seeing double again!*

 

:grin:

[The GodMother]

offer of instalments rejected.

time to pay rejected

£1.00 a month rejected.

 

Is this only DCAs or catalogue comapnys as well.

[kfdh1962]

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

[JonCris]

No No! :o

 

Not until we have 'delivered' to you at least 3 letters a day - at 25 squid a pop:grin:

 

We'll keep the van for later:wink: