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Helenatroy

Can Original Creditor Assign Debt To DCA if ...

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... the account is in dispute?

 

Are there guidelines or even a law stating that this must not or should not be done?

 

If so, where can I find them, please?

 

Regards

HelenaTroy

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Hi here's the relevant OFT guidline section:

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

i. disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

 

Sorry, I don't have the CPUTR section to hand, maybe someone else will :)

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Take a look at the following links to find the relevant sections which will apply in your case:

 

The Office of Fair Trading: Debt collection practices

 

The Consumer Protection from Unfair Trading Regulations 2008 No.

 

Boo;)


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