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CCA, DCAs and the Unfair Commercial Practices Directive


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Thanks for filling in the details Sosumi - now I understand. Guess you've now learnt the hard way never to disturb a sleeping lion?

I am assuming that you've seen that MS did actually have an enforceable agreement before entering Payment Plan? Now, just a suggestion but have you SAR'd Goldfish recently to get up to date statements (as all you have is a payment book) & also demand copies of default notice (as per PF's post) & NOA. You might be able to cut a deal with Cabot/Goldfish based on '£200 is all I have in the world guv & I can afford nothing more than the monthly payments' line or if you think the £80.00 the total balance, can you afford to pay this off? At least it would get rid them even if it doesn''t seem fair but then who said life is ever fair? However I would ensure you get written confirmation that this is definitely a F&F deal before paying anything over.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Sosumi, think you may be hijacking this thread - just noticed you've got a Cabot thread going, will track you there...

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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[quote=babybear39;15654

 

What the new directive means is that any DCA chasing an alledged debt got lumbered with the rights of the original creditor, whether they own the debt or not, with regard to compliance with CCA requests from 26th May 2008 :D

 

The OFT can now give guidance to enforcement officers (TS) with the backing of legal opinion that DCAs DO have the SAME responsibilities as the OC :D

 

Basically, if they don't comply with the timescales, they can and SHOULD be prosecuted :D

 

Lets get this important thread back on track. So after 12 +2 working days and then 30 calendar days and no CCA from the DCA (if requested after 26th May) we should report the DCA to Trading Standards. The TS should prosecute the DCA with the new directive as quoted by BB (above). What about the OFT. Do we inform them as well? Is there a template letter for this? I feel this thread is very important going forward with the fight against non compliant DCA's. Hope you can clarify these points for me and future CAG's. Keep up the good work BB and many thanks.

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Lets get this important thread back on track. So after 12 +2 working days and then 30 calendar days and no CCA from the DCA (if requested after 26th May) we should report the DCA to Trading Standards. The TS should prosecute the DCA with the new directive as quoted by BB (above). What about the OFT. Do we inform them as well? Is there a template letter for this? I feel this thread is very important going forward with the fight against non compliant DCA's. Hope you can clarify these points for me and future CAG's. Keep up the good work BB and many thanks.

 

Hi Strand :)

 

Whenever i make complaints i clearly state what my complaint is.

I bullet point the dates of letters sent / received. I then attach copies of all relevant info.

 

I then quote any relevant legislation or guidance eg the info BB has provided, OFT debt collection guidelines etc.

 

When making complaints, TS for example, like you to have exhausted the companies internal complaints procedure.

  • Haha 1

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.

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Hi Hopeful1, would you advise going through the complaint procedure of the DCA before getting in touch with the TS. If the DCA is not compliant with the CCA and they admit this, they would have to close the account. Would many people still take up their case with TS after the DCA has failed to comply. We should fight the cause so the DCA have to be in possesion of a CCA agreement before they hound people for a debt. DCA's should as a matter of fact have all the legal necessaries before they contact people and be able to provide as such when challenged. What are the views of other CAG's. What are we looking to achieve here. Yes, in the short term we want the DCA;s to suffer. What are the long term implications. I would like as I have said that DCA's be accountable with all the legal necessaries before approaching people.

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I'm with you on that one Strand. After all would an individual commence the prelims to legal action without adequate proof?

I also think it would be a good idea if a law could be introduced prohibiting the application of further interest & charges (unless occurred as a result of court action) after the OC has passed it to a DCA & also selling/passing on for collection of debts to others more than a designated number of times eg. 3 . This would prevent OCs & DCAs shuffling the pack, cherry picking the ones they fancied & as a result continually hounding the alleged debtor.

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Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I'm with you Strand also "We should fight the cause so the DCA have to be in possession of a CCA agreement before they hound people for a debt. DCA's should as a matter of fact have all the legal necessaries before they contact people and be able to provide as such when challenged." Now legislation has changed (evidence provided by BB) we should use this to bring about not just fines for DCA's but more change in legislation. DCA's should not be able to hound people in the first instant without the proof from the onset. Foolishgirl makes an excellent couple of points which I strongly agree with.

"After all would an individual commence the prelims to legal action without adequate proof?"

"I also think it would be a good idea if a law could be introduced prohibiting the application of further interest & charges (unless occurred as a result of court action) after the OC has passed it to a DCA & also selling/passing on for collection of debts to others more than a designated number of times eg. 3 . This would prevent OCs & DCAs shuffling the pack, cherry picking the ones they fancied & as a result continually hounding the alleged debtor". Lets take this fight beyond name calling DCA's and make them accountable and stop this harassment of people in an unfortunate position. Great thread guys. 8-)

Fight the injustice's of life with joy in your heart and abandon bitterness as it will destroy YOUR soul. Just at the foot, of a very steep learning curve. ;)

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DCA or Debt purchaser's as Lowell's moleinside calls them are people who have sold their souls. It is immoral to chase people for debts without the proof IE the CCA in the first instant. We will collectively fight you and the legislation that governs you.

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We have been infiltrated by an employee of Lowells on CAG this evening. Going by the name mole-inside my guess is it's Nigel Beaven. This is a quote from him.

If you don't believe you owe the debt, request original statements as per CCA, I think a lot of you actually owe the debts and just have no intention of paying it off, (time wasting tactics like talking rubbish about Jesus down the phone doesn't help either of you, DUH!)

 

 

Oh, and Nigel Beaven has been within Lowell Group (Head of their 'Special Projects' department to be precise) since day 1, knows his stuff, and if I'm honest, can be helpful to have on your side if you get the privilege of having him on the phone!

 

Oh, and in case you didn't guess, I work with one of the Lowell Group's companies...any further questions...?

Just thought I would share that with you all.

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Thank's for the link JonCris ;). It looks like the DCA's are running scared. There is no better time to fight these people than now. The oneshow programme could help turn the TS's plan of action against DCA's to a more proactive stance. If we can keep the ball rolling and use the new legislation on this thread (thanks BB) we can defeat the malpractice and underhand tactics by these people. :cool:

Fight the injustice's of life with joy in your heart and abandon bitterness as it will destroy YOUR soul. Just at the foot, of a very steep learning curve. ;)

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Thanks for this link JonCris:)

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Well, I'm back and ready to fight with you all.

 

Thanks for the link JC :)

"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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Welcome back BB. Great thread, excellent research. Thank you.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks FG :)

 

After what I put up with from DCA **** it is one of my main aims in life to see these ***** made accountable and go under :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 :)

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I note that the OFT now includes this:

 

When the OFT is considering a licence application, or monitoring fitness after it has issued a licence, some of the issues it takes into account are:

 

failure to comply with any of the requirements of the Act or associated

regulations

failure to comply with the provisions of the Consumer Protection from

Unfair Trading Regulations 2008

 

In its 'Do you need a Credit Licence' guidance for businesses.

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Thanks FG :)

 

After what I put up with from DCA **** it is one of my main aims in life to see these ***** made accountable and go under :D

 

I'll go with that one too BB. I'd like nothing more for these ****** DCA's finally hauled over the coals for the misery they have caused to millions of people over the years.

 

It will be a great day when we get our first DCA shut down through the hard work of the people on here. Not to mention the shockwaves it would cause through the DCA industry that they could be next if they don't stop their constant disregard of the law and OFT guidelines.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Thanks for your valued support FB.

 

Spread the word :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 :)

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