CCA, DCAs and the Unfair Commercial Practices Directive

[citizenB]

Here are the regs

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/156851-gruff-rbs-cca-request-2.html#post1727702

 

and from the same thread, Gruff contacted the Treasury for their views and their reply is in this post.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/156851-gruff-rbs-cca-request-2.html#post1727702

[MAGDA]

Hi Citizen, will have a read of those threads, many thanks for the info, Magda

[make them aktiv runners]

I have been trying to get information from the DCA (Link) that I need (for court case) for some time now and decided to contact the OC today to try to find out what information they still hold. The OC was First National, now GE Money. I was informed that they don't hold any information relating to this account as when the debt was sold, all documentation is then passed to the Assignee. What about the money laundering Act, I thought they were required, even following assignment of a debt, to retain records for a minimum of five years:

 

key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007.

 

Apparently not though. I was informed that Link are the creditor (this really is a joke, given that Link say the exact opposite). I pointed out that Link are not the creditor, they claim to be the owner with the benefits of the agreement, but not the duties. G E money claimed that this was not the case.

 

I then stated that I would send a S.A.R - (Subject Access Request)'s to GE Money and they would then be legally obliged to respond. I was told that the £10 cheque would be returned, as they don't have anything.

 

Talk about banging your head against a wall!!

 

Still pursuing the TS issue re: Link - some of the managers at TS had a meeting on Monday to discuss my complaint and should receive a response to the outcome shortly.....

 

Magda

 

Never mind which one of them is responsible for keeping the CCA, get the above in writing because it puts Link in the position of being the keeper of the documentation and restricts their attempts of wriggling out of responsibility. Without reading the thread again, it could even show that Link have been claiming they are not the creditor.

[MAGDA]

Never mind which one of them is responsible for keeping the CCA, get the above in writing because it puts Link in the position of being the keeper of the documentation and restricts their attempts of wriggling out of responsibility. Without reading the thread again, it could even show that Link have been claiming they are not the creditor.

 

Hi Aktiv, that's a good idea - perhaps I will send a S.A.R - (Subject Access Request) anyway to GE Money, and no doubt they will write back confirming that link is the creditor and as such holds all documentation. It would certainly help in court when Link are claiming the opposite. Many thanks, Magda

Edited October 3, 2008 by MAGDA
typo

[citizenB]

The letter that Bankfodder has kindly drafted for sending to the OFT regading invalid CCAs in the following link. Can this also be used where it is still the original Credit Card company or their Inhouse lackeys sending the letter . eg Barclaycard/Mercers ?

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html#post1561080

[babybear39]

Can't see why it can't be amended to suit CB.

[citizenB]

Then that is what I will do BB

[roony]

Just for clarity the rule that said they commit an offence after 30 days no longer applies, they are still in default of your request, but im afraid it no longer makes them criminals, as of may 2008

 

 

erm how exactly? i thought it just made them creditors??

 

cheers,

[MAGDA]

Thought I would just give an update as I have mentioned on this thread the complaint I made to Caerphilly TS re: Link Financial. After many months this is their final response:

 

"My understanding is that your complaint against the above company relates to 2 issues –

a) Harassment

 

b) Delays in provision of information relating to your agreements

I comment as follows:

a) Any offence that may have been committed in relation to harassment would have been at the place it occurred. In this instance your home. Consequently your local Trading Standards Service is the appropriate avenue for dealing with this complaint. (Local TS didn't want to know)

b) Delayed Provision

 

At the time of your request remedies and actions for failure to comply with a request for information properly made under S.77 – 79 of the Consumer Credit Act were both civil and criminal.

 

In considering what is the appropriate action, if any, to take in relation to the alleged criminal breach we have taken into account national and local guidelines on

 

· Dealing with traders who span LA boundaries

 

· Factors to be taken into account when considering enforcement actions.

After giving the matter careful consideration we have concluded that it is not appropriate for this authority to take direct enforcement action in relation to your complaint due to a number of factors which include:

- Subsequent provision of the documents (yes, nine months later, after TS intervention)

- The decision and policy making base of the company is not in our area

- The criminal offences no longer exist; the Act having been amended on the introduction of the Consumer Protection Regulations this year.

Consequently we will be taking no further action in respect of your complaint.

 

Just typical isn't it of TS, and of course, Link can carry on now just as before, fully aware that nothing will be done!! So much for all the new legislation, it is all complete and utter rubbish. magda

[cashins]

Pass the parcel as normal then.

 

David

[MAGDA]

Pass the parcel as normal then.

 

David

 

yes, exactly. I don't know why we bother really. The end result is always pretty much the same. Magda

[foolishgirl]

Don't get disheartened Magda - there's always more than one way to skin a cat as they say.

 

Look for the positive - you're learning all the time & persistence usually wins the day.

[MAGDA]

Don't get disheartened Magda - there's always more than one way to skin a cat as they say.

 

Look for the positive - you're learning all the time & persistence usually wins the day.

 

Yes, thanks FG, you're right. I don't intend to let this drop. I did tell TS today that I intend to take it further. It's amazing how it has taken TS six months to basically do nothing. What exactly are they getting paid for? Magda

[babybear39]

It's amazing how it has taken TS six months to basically do nothing. What exactly are they getting paid for? Magda

 

That's exactly how I feel Magda

[creditcardmug]

Yes, thanks FG, you're right. I don't intend to let this drop. I did tell TS today that I intend to take it further. It's amazing how it has taken TS six months to basically do nothing. What exactly are they getting paid for? Magda

 

TS along with other government quangos are there simply to get paid at the end of the month, and not make waves in the meanwhile.

 

They have no real interest in resolving your dispute, such actions would only serve to make life more difficult for them.

[MAGDA]

TS along with other government quangos are there simply to get paid at the end of the month, and not make waves in the meanwhile.

 

They have no real interest in resolving your dispute, such actions would only serve to make life more difficult for them.

 

Yes, starting to reach that conclusion myself. I think they knew from day one that they wouldn't do anything, but they have to appear as though they are doing their jobs, which of course, they aren't. Ah well... back to the drawing board.

[foolishgirl]

TS along with other government quangos are there simply to get paid at the end of the month, and not make waves in the meanwhile.

 

They have no real interest in resolving your dispute, such actions would only serve to make life more difficult for them.

 

Hmm... could it be they're just copying their masters, the politicians?

[cashins]

Hmm... could it be they're just copying their masters, the politicians?

 

Ah but the polititians are taking action.

 

As everyone on this site knows, when you have borrowed so much your up to you neck, the only solution is to borrow some more!!

 

I wonder if Mr Brown will show up at Number 11 one day.

 

David

[foolishgirl]

 

I wonder if Mr Brown will show up at Number 11 one day.

 

David

 

He's been there already - THAT's the problem!!

[cashins]

Originally Posted by cashins

I wonder if Mr Brown will show up at Number 11 one day.

 

David

He's been there already - THAT's the problem!! :grin:

 

Good point, I had forgotten that Mr Brown.

 

Seem to recall he had trouble with his own 'balance' as well prblems balancing the books.

 

David

[bazaar]

Now hes just bailed out RBS, I thought they wanted independance??

[FANTASY CHARGES]

as you can see from my signature

 

 

Ray Watson, Director of Consumer Credit, Office of Fair Trading

 

was present and

gave a talk to dca's at the DCA ANNUAL BASH

 

so the dca's simply now have no excuses ..........

 

 

10.20 Legal & regulatory aspects of collections

 

 

[ScarletPimpernel]

as you can see from my signature

 

 

Ray Watson, Director of Consumer Credit, Office of Fair Trading

 

was present and

gave a talk to dca's at the DCA ANNUAL BASH

 

so the dca's simply now have no excuses ..........

 

 

10.20 Legal & regulatory aspects of collections

 

 

 

 

 

Ah yes, but he might just have reassured them that the OFT hasn't ever taken any meaningful enforcement action against a DCA, so they can carry on as they are, and thanks for the dinner and all the champagne...

[cashins]

Ah yes, but he might just have reassured them that the OFT hasn't ever taken any meaningful enforcement action against a DCA, so they can carry on as they are, and thanks for the dinner and all the champagne...

 

Be suprised if anyone heard him as they were all probably in the bar at that point.

 

David

[dpick]

Be suprised if anyone heard him as they were all probably in the bar at that point.

 

David

 

They would not have had to worry as director of Consumer Credit at OFT he would have rambled on for 30 minutes without saying any bloody thing.

 

dpick