DCAs using their clients and 'solicitors' logos

[babybear39]

What is the legal view on this practice?

 

It's becoming more widespread of late

[stardust_john]

Some are really tacky as well. When the 'original panic' previously was over. You would start to notice the poor paper and smudged logos, it looked as if they needed more funds in to buy printer cartridge!!!

[Captain Spaulding]

I've had this with 1st Credit and RBOS, a letter appeared within a day of the other and had exactly the same markings, references, type, font, spacings -

 

It was wurst credit masquerading as RBOS....

 

There must be legal guidelines around this - imagine me sending a letter to a DCA stating I was a County Court about to bust their arse?

[babybear39]

Maybe we should pretend to be the FOS or OFT and tell them all we're investigating (joke)

Edited July 1, 2008 by babybear39
legal stuff

[stardust_john]

We'll probably do a better job!!

[babybear39]

We'll probably do a better job!!

 

Almost certainly

[foolishgirl]

What about copyright & fraud?

 

Wonder if RBS know 1st Credit is using their logo - have they got permission or paid them copyright fees? They've probably only been given the right to collect the debt not to pretend they're the bank. Maybe someone should tell them?

 

It's also against OFT Guidelines (2000) S1.4

"Furthermore, any practice which is liable or intended to mislead the debtor – whether as to the origin or

authority of any document or as to any other material matter – is likely to be regarded by the Office as

deceitful or oppressive or otherwise unfair or improper within the meaning of section 25(2)(d) of the

Consumer Credit Act, and therefore relevant to the question of fitness to hold a licence. That applies

whether the practice is unlawful or not. Under section 25(2), the fitness of a licensee can be brought

into question by the actions of any of its employees, agents or associates, and section 25(3) defines

‘associate’ for these purposes as including a business associate."

 

And again in 2003 S2.2B

 

"leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge"

 

And that's before we get to Fraud & Deception!!

[cymruambyth]

When I complained to B/card they just replied that 1st C had been assigned the debt and seemed to ignore the use of their letter heading.

[foolishgirl]

Well Bc would , wouldn't they? They probably wouldn't mind Mugabee's head on their postage stamps either!

[ScarletPimpernel]

The CPUTR has a section on misleading practices which might be useful. I know that Robinson Way collapsed when I threatened to report them to the police for fraud by misepresentation over a bogus HSBC letterhead.

[Captain Spaulding]

I saw someone one here was on their 3rd year in Law, could you take a look and see if there is any applicable case law or precedence set?

[babybear39]

When I complained to B/card they just replied that 1st C had been assigned the debt and seemed to ignore the use of their letter heading.

 

Report them to Trading Standards and the OFT.

 

Everyone that's got dodgy letterheads/logos from DCAs should do this and maybe something will be done about it...

[Zimmie]

Equidebt do this too. I had a letter one day from them saying they had bought a debt, the next day a letter from OC saying they had sold it to Equidebt, but with dodgy looking logos, same type font, and Equidebt's address on the back of the envelope. If they think people don't notice they must be dafter than we think!

[42man]

May I suggest that if you do receive any of these letters which masquerade as being 'genuine' articles, then send copies of them to the OFT and Trading Standards quoting Foolishgirls 'OFT piece'.....when you write, explain that all you have been sent is a COPY and not an original (which surely makes it even more suspect).....I know that cymruambyth did send a copy of his back to Barclaycard and I think they said it was ok, but surely this is a misrepresentation as outlined in Foolishgirls post #7

[rameses_qc]

If a DCA uses a Solicitor's letterhead, especially with their permission, the solicitor is acting in breach of the Solicitors' code of practice as laid down by the Solicitors' Regulation Authority. They should be reported to that authority without delay. They can be struck off for this practice.It is also in breach of the OFT guidelines to pretend that the letter comes from someone they are not. To masquerade as a solicitor is a criminal offence.It could be also obtaining money by deception. perhaps these "squeaky clean and highly professional" organisaations should be reported to your local Constabulary(I'm in my 13th year of Law)

[babybear39]

Thanks for clarifying that rameses_qc. This discussion is long overdue IMO, which is why I started the thread...

Edited July 2, 2008 by babybear39
spelling

[Tartan Barty]

I reported my suspect letter from Northern Rock to TS and they want to take it further so if you do get one then report them immediately particularly if they are from worst crudit

[babybear39]

I reported my suspect letter from Northern Rock to TS and they want to take it further so if you do get one then report them immediately particularly if they are from worst crudit

 

Great news TB

 

TS do act, but may need a nudge now an' then

[Captain Spaulding]

(I'm in my 13th year of Law)

 

Excellent, thanks for your expert suggestions...

 

So we have some grounding now for those who receive obviously copied documents with replacement letter heads, reporting should go to:

 

 

• Local Constabulary
  
• Solicitors Regulation Authority (for those who have used a solicitors letterhead)
  
• Office of Fair Trading
  
• Trading Standards
  

Now, all we need is a template to put the icing on the cake - any takers? (I'm more than happy to help although I dont have great knowledge/experience)

[babybear39]

The envelopes with the return addresses proving they've been sent by the DCAs need to be kept as evidence also.

[Tartan Barty]

I binned mine but the contents speaks for itself

[Captain Spaulding]

Good point! This happened to me the other day with BCW and Geoffrey Parker Bourne solicitors - unfortunately I threw away the envelope that had the BCW's return address on

 

I hope DCA's are reading this but even more, I cant wait for the first few responses from people who have flagged it with the relevant authorities!

 

I for one, if I receive anything more like this will report it to the police next day... how awesome will that be!

[alfwithhair]

I had one of these kind of letter a while back from 1st Credit, saying the debt had been assigned to them.

It was on Barclaycard headed paper, but no contact details and no signitory.

 

It came in the same envelope as 1st Credits demand for payment, so unless Barclaycard are forwarding their mail to 1st Credit to be passed on to their clients there is no way this letter came from Barclaycard,

 

I wrote to B/C asking them to confirm the letter was genuine, no reply.

I told 1st Credit that the account was in dispute with B/C. (No CCA)

 

Had one phone call (told them to bog off) and one letter saying it would take 6-8 weeks to get the signed agreement. That was months ago, never heard anything from, 1st Credit or B/C since.

[NailPost]

The same argument applies to iffy solicitors like Bryan Carters & Co. They like to pass themselves off as solicitors but they are not. The "firm" is based in the same building as a debt collector and is ostensibly a branch of Crellins Carter. But no solicitors are based there and hundreds of letters are sent out unchecked everyday. The SRA have received dozens of complaints but still they continue operating.....

[t-star]

i've got some letters from BCW and GPB solicitors. I keep all of the envelopes (Stapled to the letters). I have just checked the return addresses and guess what they are the same one.

 

mmmmmmm i feel a few letters coming on......

 

 

t-star