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Is reporting to Credit Refference Agencies while debt is in dispute against OFT guidelines?

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Hello,

 

I am in dispute with HFC Bank, I requested a copy of my CCA in April which they have not provided, the account was in dispute, dispute being told this they continued to report late payments to credit reference agencies.

 

I rang them and told them this was a breach of OFT guide lines as I had been led to beleive from what I have read here, however after reading the guidelines I cant find any reference to this.

 

They left me a message saying they want me to ring them (I record all calls), please can someone tell me what to say they have breached?

 

Thanks.

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Your main dispute is that they have failed to provide the CCA within the time frame as outlined within the CCA 1974. They had 12 working days from receiving your request to provide the information, they have failed to do so and since you dispute the a/c they should cease all collection activities until they comply & that includes processing your data.

 

Tell them you want a copy of their complaints procedures & make a complaint to the OFT debtcollectionguidance@oft.gsi.gov.uk


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Here's the OFT guidline that applies in your case:

 

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.


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