Failure to return stolen goods

[meagain]

While browsing through here, I came across something that may have been a reference to an offence for failing to return upon demand money or other goods where there is a belief that they are or might have been gained by deception. Several months later, I can't seem to find it, and scanning over the Theft Act 19[6|7]8 hasn't thrown it up.

 

Have I missed it, looked in the wrong place, or have I hit upon a false memory? Thanks in advance.

 

Would also be grateful if someone could clear up the legal basis for a company being responsible for the actions of DCAs (so I can offload the 12 identically-worded letters from Moorcroft onto the original creditor for bonus points).

[gyzmo]

Not an expert, but I think the Fraud Act 2006 might have repealed or amended this. May be worth a look there?

[meagain]

Having done another search, it seems that s.5(4) may be useful - even in civil actions it may be useful to argue that an offence has been committed. In general, if you have been suckered into any form of penalty (banks, telcos, private parking) it can be argued they came into your payment by way of mistake.

[ScarletPimpernel]

A company that employs a DCA has third party responsibility for the actions of the DCA under the OFT Guidance on Debt Collection, which essentially states that if a DCA undertakes actions (e.g. breaches the guidance) that could place its own fitness to hold a consumer credit licence in doubt, then the employing company should take action, or its own fitness may be called into question.

[meagain]

A company that employs a DCA has third party responsibility for the actions of the DCA under the OFT Guidance on Debt Collection, [...]

 

Ta muchly.

[Bookworm]

While browsing through here, I came across something that may have been a reference to an offence for failing to return upon demand money or other goods where there is a belief that they are or might have been gained by deception. Several months later, I can't seem to find it, and scanning over the Theft Act 19[6|7]8 hasn't thrown it up.

If you find out about that bit, would you post here to let me know, please?

[BankFodder]

Sounds like handling - s.22 Theft Act 1968