Jump to content


CCA, DCAs and the Unfair Commercial Practices Directive


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3480 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

The above mentioned legislation came into force on May 26th, 2008.

 

I've posted this on another thread but think it needs one of it's own.

 

Here's the response I got from TS yesterday regarding DCAs being treated in the same way as OCs.

 

Page 2 is particularly intersting.;)

 

TS1stcrudCCA1.jpg

 

TS1stcrudCCA2.jpg

 

YAY :D I got the links to work properly :D

 

Let me know your thoughts on this one guys, it could explain a LOT about TS reluctance to act in the past. But, if I'm reading correctly, they can now kick a** :D

Edited by babybear39
  • Haha 1

"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 :)

Link to post
Share on other sites

  • Replies 425
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Great work BB...I think if it was combined with the Law Of Property, then they would have to regard it as 'law' !!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

Thanks 42man, at least we now know why TS were reluctant to act. I can't wait for the first DCA to be prosecuted under the new directive with many more following suit :D

 

Shall we take bets on who it's going to be?

 

Oh, and thanks for the rep comment too :D

"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 :)

Link to post
Share on other sites

That doesn't matter now, the directive says so :D

 

1st credit were the owners of my alleged debt however...

"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 :)

Link to post
Share on other sites

I think we're going to see a LOT of passing of 'hot potatoes' for fear of prosection for non comp. with s77 and 78 :D

"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 :)

Link to post
Share on other sites

I think you might have missed my point Babybear. If the leading authority that

was consulted by TS was of the opinion that the DCA had not had the debt assigned to them, then one could see that their judgement may have been correct.

However if you can get your local TS to contact them again and ascertain that they were working on the assumption that the DCA had not had the debt assigned, then get your TS to ask if the answer would be the same if that debt had been assigned to them.

Link to post
Share on other sites

Good point LFI. The chap TS spoke to may well have assumed the DCA were just collecting rather than owned a portfolio of debts that had been asigned by the OC. Best to just get TS to clarify that point.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

I didn't miss the point at all guys.

 

When my case was looked at, TS followed the advice of their expert NOT LACORS. The new directive makes it clear that LACORS opinion is now backed by LAW!

  • Haha 1

"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 :)

Link to post
Share on other sites

Thanks David, I've been working hard on this one because of the difference in opinion with regard to non-comp. of s77/78.

 

I believe the new directive should be enough to make every non-compliant DCA take their position seriously or pass back ASAP BEFORE they commit an offence ;)

"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 :)

Link to post
Share on other sites

Because the directive wasn't in place at the time they committed the offence in my case LFI...

 

It only applies to offences commited after 26th May 2008.

"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 :)

Link to post
Share on other sites

For further clarification purposes, can any legal people comment on whether the directive covers CCA requests made on or after 26th May 2008, or also those where the offence of non compliance after the further calendar month occurs on or after that date please :confused:

 

This is really important folks 'cos it gives us the amo to give to TS to get some prosecutions going for non comp. of s77/78...

"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 :)

Link to post
Share on other sites

Hi BB - thanks for posting the link to this on my thread, it's really interesting.

 

What a shame it's only just become effective :rolleyes:

 

I wonder how many DCAs are aware of it?

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

Hiya H1 :)

 

Not many judging on the fact that hardly any of them can seem to read let alone understand legislation, allegedly ;)

 

Bet there's been a flurry of activity within those that spy here asking their legal departments/psuedo/pretend/solicitors what the f*** this is all about :cool:

 

To our fans at the DCAs: As SC says, if you don't understand this seek legal advice :D

"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 :)

Link to post
Share on other sites

I can foresee that they still won't do anything

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

Link to post
Share on other sites

I can foresee that they still won't do anything

 

If every member of CAG is made aware of this and they fall within the new directive, I don't see how TS can get out of not prosecuting for non compliance of s77/78 requests. All they have to do is report it, quote the directive and use the opinion given by TS in post #1.

"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 :)

Link to post
Share on other sites

I've just had a thought....

 

BCW did not comply with my CCA request last year. TS told them to provide an agreement or bog off.

 

BCW bogged off.

 

APEX (formerly BCW) are now asking me to call re the same account.

 

If i resend the CCA request, therefore restarting the process from the beginning and they do not comply.....

 

...me thinks they will now be liable under the new directive ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

Worth a shot...Go for it girl :D

"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 :)

Link to post
Share on other sites

Worth a shot...Go for it girl :D

 

I'll send it off today - i'll let you know how it goes.

 

Knowing my luck, they'll suddenly turn up with one like HFC!!! :p

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

Still worth a chance though...

"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 :)

Link to post
Share on other sites

For you SC I'll type it out :D

 

The letter is dated 3rd June, 2008, is from Rhondda Cynon Taf Trading Standards and reads as follows:

 

Dear Mrs BB,

 

Re: First Credit & other Debt Collection Agencies

Consumer Credit Act 1974, Sections 77 & 78

 

I understand you contacted this department on 30th May 2008 in relation to the above matter and the accuracy of the advice given. In summary, the crux of the matter was whether or not a Debt Collection Agency (DCA), in particular First Credit, is regarded as the "Creditor" for the purposes of sections 77 and 78 of the Consumer Credit Act 1974.

 

During the investigation of your complaint I obtained an opinion, specifically in relation to this point, from a leading authority of Consumer Credit. This leading authority provides training to both the Trade and Trading Standards. The opinion given did not regard a DCA to be a "Creditor" for purposes of sections 77 and 78.

 

I also contacted the LACORS (Local Authorities Coordinators of Regulatory Services) Lead Officer for Credit. The Lead Officer's opnion stated that both LACORS and the OFT felt that a DCA would be regarded as the "Creditor" for sections 77 and 78. However, no official guidance had been issued and no legal argument was provided to support this.

 

Page 2...

 

It was therefore decided that no formal action could be taken in relation to the Debt Collection Agencies involved.

 

Since your complaint the Unfair Commercial Practices Directive has been implemented into UK legislation via the Consumer Protection from Unfair Trading Regulations, which came into force on 26th May 2008. This has enabled the OFT to issue guidance to enforcement officers that provides a legal argument to support their view that DCA's are "Creditors" for the purposes of Sections 77 and 78 of the Consumer Credit Act.

 

However, this legal argument is only possible due to the provisions brought in by the new legislation. At the time of your complaint this legislation was not in force so could not be utilised.

 

I sincerely hope you are able to obtain satisfaction from any complaint you may make to your MP and the OFT. However, I must inform you that this department is unable to investigate these matters any further.

 

Yours sincerely

 

 

(Trading Standards Officer)

Hope this helps SC :)

"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 :)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...