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payback68

OFT reply to DCA complaint

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Hello fellow caggers,

 

I submitted a complaint against a certain DCA to the OFT on the advice of cerberusalert and received the following reply by email today:-

 

Dear Mr. xxxxxx

 

Consumer Credit Act 1974 (the Act)

 

Complaint Against: xxxxxx (UK) Limited

 

Licence No: 200114

 

Thank you for your emails and attached documentations received on 10 June 2009.

 

I am very sorry to hear about the difficulties you have been experiencing however, the OFT has no authority to become involved in disputes between consumers and traders and so we cannot offer you any direct help with the complaint or advise you directly in this matter. Our role is to protect the collective interests of consumers.

 

The above mentioned Act established a licensing system to protect the interests of consumers in the credit area. If a business wishes to undertake the collection of debts that arise from consumer credit agreements then the Act states that they are required to hold a consumer credit licence; this is issued by the OFT. The above trader holds a consumer credit licence. Under the Act, the OFT has a duty to consider the fitness of all traders who hold consumer credit licences.

 

In considering fitness we take into account whether a business has engaged in improper business practices. Where we receive complaints about the business practices of licensees, we investigate them and where appropriate we take enforcement action; that action depends on the evidence and circumstances. Action the OFT can take includes revoking, refusing or suspending a licence; or placing conduct requirements on the licence of the company or business in question (failure to comply with a conduct requirement can result in a financial penalty being levied).

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: The Office of Fair Trading: Debt collection practices

 

I have noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any licensing action we may decide to take. If we do take any licensing action against this trader, it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you could sign the enclosed consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to restrictions on the OFT relating to disclosure of information (Part 9 of the Enterprise Act 2002).

 

We note that your letter raises concern in regard to copies of credit agreement.

 

As you may know, s63 of the Act covers how and when lenders must provide consumers with a first (and where appropriate second) copy of a regulated agreement. It is clearly in the lender’s best interests to retain details of the original agreement and any subsequent variations or changes made to it, particularly as consumers can request a subsequent ‘true’ copy of most types of agreement under ss77 and 78 of the CCA (and on payment of the appropriate fee). There are rules about what is likely to constitute a ‘true copy’ under these sections of the Act. Further, if a consumer does make a valid request for a copy of their agreement under these provisions and the lender does not comply with the request the agreement may not be enforceable in the Courts, subject to any other mitigating factors.

 

Should you require specialist advice or assistance on the circumstances of your complaint (including in relation to the above provisions about copy requirements), you may wish to contact your local Citizens' Advice Bureau or seek advice direct from a legal adviser.

 

I note that you have contacted the Consumer Direct who forwarded your complaint to the Trading Standards and I also noted that you have been advised by the National Debtline regarding this matter.

 

The Financial Ombudsman Service (FOS) can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. FOS can be contacted at: The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR; telephone number, 0845 080 1800, or Financial Ombudsman Service.

 

Thank you again for writing to us and bringing this matter to our attention.

 

Yours sincerely

 

xxxxxxxxxxxx

 

Enquiries and Reporting Centre

Office of Fair Trading

 

I would suggest that ALL caggers report their experiences of illegal Debt Recovery and supply letters as attachments to the following email address:-

 

debtcollectionguidance@oft.gsi.gov.uk

 

The more people that complain the more hastle the DCA'S will get. Lets turn the tables on these idiots;).

 

Thanks again to cerberusalert for supplying the email address, i sincerely hope the caggers HAMMER it.

 

P.S I'm sure the more experienced caggers will know who the company i am complaining about is via the (UK) and possibly the Licence Number:wink:

 

Regards.

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