Wilko v just about everybody

[wilko1]

Hi,

I've previously browsed on this these forums and read some of a large thread about sending your creditors a CCA, I can't find the thread, could someone please point me in the right direction. Many thanks.

[wilko1]

Found it.

[wilko1]

On the threads I've read about CCA's they mention sending a £1 postal order, is there anything wrong with sending a cheque?

[wilko1]

Sorry forgot to add, if you have 3 cards with one lender do you have to send 3 seperate CCA's.

Thanks

[rory32]

There is nothing wrong with sending a cheque. However, the reason that we recommend sending a postal order is that a cheque gives your signature. Some DCA's/creditors have been known to get a little creative with photoshop when issuing your copy of the credit agreement (although I must stress that this is not the norm) so it's best to aviod giving them a copy of your signature.

 

if you have 3 cards with one lender do you have to send 3 seperate CCA's.

 

You can incorporate all the accounts into one letter but will need to pay 1 pound per account to receive/request a copy of the credit agreement.

[wilko1]

Thanks very much

[postggj]

with a cheque, they will also have your bank details

give them squat

[wilko1]

Are there any known disadvantages in going down the CCA route?

Thanks

[42man]

None that I can think of...it makes it quite clear in the Consumer Credit Act 1974...

[creditcardmug]

The only disadvantage i can think of is that if you haven't missed any payments on a credit card account and you request the CCA, you will probably find they will reduce your limit to the current amount and increase the interest charge, other that that, no problem.

[creditcardmug]

Why take a chance, use a P.O.

[wilko1]

Is it really worth bothering with these people, over and over you read threads on this site where OC’s and DCA’s act illegally and generally do what they like. They are reported to the authorities yet nothing seems to happen to them, and they just continue with their criminal behaviour.

I’m starting to think it could be counter-productive reporting these creatures, and getting involved with FOS etc. If the authorities get over-loaded with complaints they might try to move the goal posts by making recommendations to the law makers to bring legislation in that massively favours the creditors.

Anyway that’s how I am starting to think, what about others?

[Agathachristie]

Keep fighting. I would fancy a massive complaint in one go to the OFT. I am currently getting everything involved I can against A.A. Hutton, MP, police, OFT... Only together we are strong.

How about a survey here about the "most wanted" company?

[rory32]

IMO the regulatory bodies keep needing to get complaints. Sometimes they don't act quickly and it can appear that they don't act at all.

 

The debt collection industry is slowly changing because it's being forced to. One complaint may not make a big difference but a thousand complaints do. Barclaycard recently were fined 50K for their silent calls and it's simply a case of if you don't tell the regulators then they will think that everything's above board in DCA land.

[bathgatebuyer]

I take the scattergun approach too. tell as many people as possible who may have an influence and try and get someone somewhere to maka a change. Truth is, there are so many uneducated consumers (not a criticism of anyone - we only learn about these things when we need to) that most people assume that banks always act lawfully as they do not know what they can and cannot do.

 

If more consumers knew their rights, I think would be a hell of a lot more complaints than there are now.

[surprise]

Also a complaint to the FOS costs the companies £450.00 once they start investigating. Perhaps if enough people complain and the companies end up with massive charges it may lead them to getting their house in order. I'm about to make complaints about CapOne and Co-op. I've also complained to OFT on several occasions regarding various companies and although they do not intervene on individual cases they do collate them all.

[42man]

The FOS will only look at your complaint if it involves financial loss......I had a call from them today, and that was one of the first questions they asked me, then they asked me what I wanted HSBC to do...so I said compensate me for the excessive charges and the 160+ harrassment calls they made to me in just over 3 months !!!, they said they were snowed under, .....I asked her about DCA's and she didn't handle those complaints...

[Agathachristie]

Another tactic: If it is harassment, get the police involved. They do not take the case usually but then you can write to your MP complaining about "targets" and maybe that increased the pressure.

42man, can you write your full story please? Maybe including reference number for the FOS so we can all take up a complain to them regarding your issue. Just a thought.

[surprise]

My case for harassment is different. Capital One are refusing to deal with me over my daughter's case despite her giving authorisation to do so. She has mental health problems, does not open her mail, tells me off if I do so, and if I ask her to open them she says "leave them alone I'll do it later", unfortunately later never comes, so the easy way around this was for her to authorise me to take over all her bills etc. Everyone but Capital One have been ok about it. The last letter from Capital One has quite categorically stated that they will continue to write to her so I've told them I shall be making a complaint to the FOS about harassment, so we will see what they have to say.

[wilko1]

Who is it best to send a CCA request to, the DCA, OC or both?

Thanks

[RobMitch]

The one who is chasing you for the money

 

Good Luck

[wilko1]

If a disputed so called debt is passed to a collections agency, has any laws or regulations been broke? If so which ones and what can I do about it.

 

Many thanks

[42man]

It's a good question...the OFT give guidelines on passing on a debt while it is disputed.....and the Banking code has a section which means they shouldn't pass it on whilst in dispute (part of section 13 I think)

 

Have a look at 'k'

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, threatening debt recovery

action to 'the occupier' or sending a payment demand to all people sharing

the same name/date of birth as a debtor in the hope that contact with the

correct debtor will be made.

b. disclosing debt details to an individual when it is uncertain that they are

the debtor in question, for example, disclosing details to 'the occupier' of

an address.

c. refusing to deal with appointed or authorised third parties, such

as Citizens Advice Bureaux, independent advice centres or money

advisers

d. contacting debtors directly and bypassing their appointed representatives

e. operating a policy, without reason, of refusing to negotiate with

debt management companies

f. passing on debtor details to debt management companies without the

debtors' informed prior consent

g. failing to refer on to the creditor reasonable offers to pay by instalments

h. not passing on payments received within a reasonable time resulting in

delays that adversely affect a debtor's financial position.

i. failing to investigate and/or provide details as appropriate, when a debt is

queried or disputed, possibly resulting in debtors being wrongly pursued

j. requiring an individual to supply information to prove they are not the

debtor in question, for example, driving licences, passports, full name,

date of birth, signatures

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

[wilko1]

If an account is defaulted and or terminated, does this have any effect if the debtor tries to go down the CCA route?

Thanks

[miss muppet]

This quote is from Susan Edwards Head of Credit Investigations and Enforcement, OFT:-

"...There has been a suggestion that debt collectors can avoid complying with section 77 and 78 by claiming that the agreement is no longer 'live' in some way as it has been 'terminated' based on section 103 of the Act. TYhis talks of a 'trader' who was the creditor under a regulated agreement, implying that 'trader' is no longer a creditor once an agreement is ended. Section 103 however, deals with where the customer no longer owes any money at all and therefore it is correct to say that he is no longer a debtor and the trader is no longer his creditor. Where money is still owed, section 103 would not apply, since the consumer would not be entitled to a termination statement...."