Debt collection - code of conduct query

[JonCris]

Hi everyone.

 

I am currently being persued on behalf of Halifax by Counselling Intermediary Services for an old mortgage debt (the house was repossesed)

 

The CIS (debt collection company working on behalf of Halifax) wrote to me asking for details of my financial situation. I responded, and gave them all the information they requested.

 

They wrote back saying that I am expected to pay £50 per month. It is obvious from my information that I cannot afford this. I offered them £12.

 

My question is - is there an act or code of conduct I can check and direct them to? Surely what they are doing by INSISTING I pay £50 poer month is unlawful? If I make an offer - surely this should be accepted?

 

They are disputing my outgoings and say, that - as I do not live alone - they are not a true reflection. They are, and what does it matter to them who I live with? The debt has nothing to do with this other party.

 

Thanks very much for a speedy reply - I am a little stressed...

 

OFT have an agreed "Code of Conduct" which creditors & their agents are expected to adhere too

[JonCris]

They can accept an overall figure paid monthly from you which need not be for the whole sum & go after the other joint borrower for the rest.

 

Also I think it has already been mentioned but the mortgage lenders agreed with the OFT not to chase unpaid mortgages over 6 years old. The reason is that in your payments there is an insurance you unknowingly pay for which benefits your lender in that should you default & the property be repossed they have insurance to cover the bulk of the loan less the selling price. That's why so many repossessions go direct to auction. It may even be that insurer who's actually chasing you.

[JonCris]

Also write a letter of complaint to the original creditor CIS as they are still liable for the conduct of any DCA recovering wht was their original debt.

 

No matter what they might claim by giving it to multiple DCA's (even if it's one after the other) they are in breach of the OFT guidelines

[JonCris]

Thanks JonCris. Are there any template letters for this? Although I think I'll wait to hear in writing from any one of them first. The letter I sent did state that I would only respond to letters...

 

So am I right in thinking that CIS (who aren't the very original creditor - that was Halifax, who sold it to another DCA, who then sold it to CIS) are actually able to instruct SEVERAL DCA's to ALL chase me for the same debt!?

 

I'm going to be scared to answer the phone or open letters... It's horrible!

 

If they give it to multiple DCA's they are guilty of harrasment.

 

No what usually happens is that it keeps being sold for less each time it changes hands.

 

The previous advice to write a DPA (use the template on here). The one that starts "I do not acknowledge the debt with your company" etc) to anyone of them which contacts you is a very good idea. They are not allowed to continue to chase you as the debt is in dispute & quite often they give up at the 1st sign of organised resistence.

 

Don't be scared you'll get loads of support from the others on this site many of whom have been in your position. After a little while you will feel empowered & impatient to open your mail in the mornings. You really will be chopping at the bit to give something back to the money lenders..

 

Couple of things. Pick up the phone (you don't want to be wondering all the time) DO NOT GIVE YOUR NAME (after all they are phoning you & could be ID bandits) ask who it is, demand their full name not just a christian name, which company they are from, & the purpose of their call. If they then try & hide behind the DPAct refuse and stop further conversation hang up. If they answer all of your questions & it's not someone you want to speak to tell them your the housekeeper/butler & everyones gone to the Carrib on their twice annual hols leaving you on your own & do they know what it's like to be left on your own with all that booze in the house & their big flashy cars in the garage & not able to touch either.

 

Last but not least & if you don't want to do the above contact BT and ask for "choose to refuse" (you can self block 10 numbers) plus "anonymous phone number blocker" which automaticly blocks anon callers. It'll cost you about £10 per month & it's worth every penny

[JonCris]

My account was closed approximately 1991... When I went in to the Halifax back then, they had no record of me. I certainly have never received any information to say the debt was sold (..twice!)

 

I'm really confused... CIS haven't 'returned my file' (although would I know this..?) or my £1. Their 'month to respond' time is up on 23rd August, although I did receive a copy of the council of mortgage lenders code booklet with a letter saying they would be in touch in due course. This call from NCO was out of the blue... So CIS can actually ask NCO to help them by calling me? That smacks of harassment to me!

 

Any ideas what I should do in anticipation now..? I SO don't want to be caught with my 'trousers down'... I just would like to know what to expect next... A MIB at my door??!!!

 

Sounds to me as though they have passed it on in the hope you wouldn't notice as they don't have the necc. docs in order to comply with your CCA request. However you MUST continue with the application & if they don't comply you MUST proceed to court to enforce your demand

[JonCris]

If you are concerned about the debt then you should address it.

If there are malpractices by the dcas or laws have been broken in the recovery attempts,then again if the law supports action then you should address it.

 

 

A number of people seem to think that debts should not be repaid in any event and I must stress that this site does not advocate evasive action whereby there is a legitimate debt.

Where debts are seen to be legitimate,there should be attempts made to repay any genuine amounts and there is lots of advice for people who want to do that.

Since all cases are different,it should not be assumed therefore that it is possible to have legitimate debts removed / dealt with in the hope that a cca request will turn up a negative.

 

Whilst I agree with the gist of your argument about legit debts being paid if the creditor & his agents act within the bounds of common decency (& the law)then that is a different matter

 

On the otherhand I also think that any creditor or agent who acts unlawfully/illegally in the pursuit of said debt give up all right to be treat with fairness & decency by the debtor & make themselves fair game

[JonCris]

JC my post was not meant to appear as an arguement......but moreso as a subtle reminder that there has been some indications recently, which appear to give a misguided view that debts can be wiped away by writing a few letters.

 

If some kind of balance can be in place that distinguish between what is possible rather than what maybe possible, then I think it will be a true refection.

As you know, the site has recently benefitted from the addition of a dedicated area to address baliffs and debt collectors,and the reason for this is because it was seen as an area that is closely tied with many claims.Also there are lots of issues that go hand in hand with a need to inform people that have suffered an injustice at the hands of these people,to redress those injustices through the proper legal channels open to them.

 

So I do agree that there are people here fighting for justice and they should be given support and guidance.

That goes without saying,and I dont think I ever advocated otherwise.

 

 

Martin I really don't disagree with much of what you say & nor do I think you advocated anything other than giving full support to those who find themselves in the situation that brings them here.

 

Where we do part company is that I advocate that any creditor who by their own actions leaves themselves open to being beaten on the basis of a "technicality" deserves all they get. After all such firms are only to happy to use such "technicalities" to the disadvantage of the debtor/consumer.

 

As we have seen time & time again they claim legal powers they don't have. they terrify & bully vunerable people & as we have seen very recently they alledgedly drive some people to commit suicide. Then to cap it all & even after having alledgedly caused the death of the of the debtor they continue to pursue the widow for the payment of debts she knew nothing about until the tragic death of her husband.

It was only because the story made it into the media that they agreed to drop it with the most feeble of excuses that "their offer letter had not been received by her solicitor" so they where willing to renew it. Bull****

 

Pity he hadn't known of this site as it occurs to me we might have been able to give the chap some support & I wonder how much of that debt was the result of the banks "penalty" charges

 

I'm not suggeting that anyone use lies or deceit like many of these creditors DCA's. but I reiterate if they don't play by the game why should we the consumer. If as a result of their conduct they can't recover their "legitimate" debt tough!

[JonCris]

They are conning you.

Write again enclosing the £1 & reiterate your original request stating that as far as you & the law are concerned the time for compliance started with your original letter dated **/**/**

[JonCris]

Because they returned your statutory payment & are now ignoring the timeline. They are treating you as if you never made your application by saying "we can't find the docs so can't comply with the regulation so here's your money back & we'll forget about it" Either that or "you must give us whatever time we need to find the docs & keep you in suspense for whatever period we like

Yes you should push for compliance stating that if they don't comply within the statutory time limit not only will they have commited a criminal offence but that any alledged debt will become unenforcable.

 

If they have already passed the deadline just write & tell them HAVE committed a criminal offence & that the alledged debt is now uneforcable so get stuffed or something simular

[JonCris]

Great but not just the guidelines also include a binding DPA letter denying them any further transmission of your data & to remove all your data from their records. Give them 7 days to comply in writing otherwise you will report them etc etc

[JonCris]

Looks OK to me