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How can I use admin charge judgement against a DCA to good effect?


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When it comes to issuing admin charges for being unnecessarily harassed, I find that most annoying DCAs pay up after a little initial complaining rather than taking it into litigation.

 

However, I recently sued one in court that was an in-house agent for a leading bank. They wanted to take it all the way; therefore I met them in front of the judge.

 

Thankfully, the judge came out in favour of me and said that the DCA was virtually wasting court time as the matter of a simple admin charge was disproportionate to costs. The bank later paid my admin fee, costs etc. They were decidedly unhappy about my victory.

 

Of course I now have the judgment filed away and I am wondering what good effect I can put this to now.

Can I perhaps use the judgment against the DCA/bank to report them to the CRA - issue a default against them...?

 

Or maybe use it to protest to the ICO that they are breaching the DPA?

 

There must be some way we can use the judgment to good effect?

 

Expert opinions always welcomed...

 

 

:)

 

 

Q

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This is an interesting question, Q.

 

Have you contacted the Office of Fair Trading ? I am sure they would be interested in hearing that DCAs continue to breach OFT guidelines even though they have been advised of a dispute.

 

The fact that you then issued a claim against the DCA and won should put others on notice that they cant continue to make threats of court, CCJ, bailiffs etc when there are unresolved disputes with the OC.

 

I wonder if the Information Commissioner would be able to do anything. In this particular situation, if I remember correctly the OC is still in default of you s78 request and have only partially complied with your SAR DPA1998 request.

 

I know it has been discussed on the forums, that if there is no signed agreement, then the OC shoudnt be able to say that you have agreed to your data being passed on to third parties. I wonder if the ICO will see it the same way. Worth the attempt I would think.

 

Lets hope other caggers will be able to offer their comments. :D

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CB - yes thanks for this.

 

The ICO may indeed be interested to hear that without any sign of an agreement this outrageous bank has set the dogs on me resulting in them being forced at court to pay my admin fee, etc.

 

I shall have to meditate on this one.

 

I intend to give them all hell and will take whatever action necessary to halt their abuse of the CCA.

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Which bank and which DCA?

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Which bank and which DCA?

 

Barclaycard / Mercers

 

Long story short.

 

There are two accounts which have been in dispute for nigh on 12 months. BC in default of s78 request on both accounts. They are in fact accounts in his OH's name, but he has dealt with all the correspondence, etc.

 

Via a Subject Access request questioner realised that something called payment break plan was in fact a payment protection insurance. It was not requested and due to a medical condition, had any questions been asked, the insurance should not have been provided.

 

He set about requesting a reclaim and was totally blanked, but at the same time B/card set Mercers on him.

 

At first he just wrote back to Mercers and B/card, explaining there was a dispute but just received more strongly worded and scary threats from Mercers.

 

Then he decided enough was enough and put Mercers on notice that should they continue to threaten him whilst the accounts were in dispute he would charge them £50.00 for each letter he was forced to respond to. The only communication he wanted to receive was either the court papers they kept threatening him with or advice that his complaint was being investigated. They ignored him, sent him more threats by way of "48 notices". So he sent them an invoice for £50.00.

 

When no payment had been received after 3 weeks, he issued a claim against Mercers out of his local court. Mercers didnt acknowledge the claim and the court awarded Q, judgment by default.

 

About a week after they received the notice of Judgment, Barclays Bank filed an application to strike out the judgment with a whinging witness statement claiming that their postal system was such that it would take almost 4 weeks for a letter to reach it's intended destination within the Bank. That as Mercers were a wholly owned subsidiary of Barclays Bank Plc that they were going to fight the judgment.

 

Q put together a suitably worded response opposing the application.

 

Remember, this is for an amount of £50.00 so when Q arrived at court for the application hearing, he was astonished to be confronted by a Barrister who made an attempt to frighten Q's OH into discontinuing advising that they were going to entering the world of contract law and Q wouldnt stand a chance. Q put a stop to the conversation and said he was going to advise the Judge of this intimidation.

 

Apparently they were not inside the court for long. Q's oppostion statement which pointed out that an organisation the size of Barclaycard should at least have a system in place that would prioritise legal paperwork, therefore they shouldnt be allowed to use that as an excuse for not responding. He pointed out that all the way through, he had been reasonable in his request for documents and for someone to deal with his complaint. That Barclays should not be allowed to introduce contract law for what was a simple admin charge.

 

The Judge apparently was not too happy with the Barrister for a couple of reasons and agreed with Q. The application was dismissed and the earlier judgment stood. On top of which costs were to be paid to Q for the hearing.

 

The Order was worded.

 

"The application be dismissed without considering the merits on the grounds taht it is disproportionate and contrary to the over riding objectives.

"

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I meant to say also, that part of their application to strike out was that B/shark believed they had a triable issue citing contract law :eek:

 

Barclays/Mercers was the reason that Q invested in Truecall because they were constantly telephoning. Once that was installed, the hate mail started :lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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QB – many thanks for presenting this concise run down of events.

 

I seem to recall that the judge also hinted that this case could open the floodgates for others in a similar position.

In layman’s terms the judge appeared to be telling the bank that a small claims admin fee like mine was NOT worth wasting the court’s time over, i.e. it was “disproportionate to costs”. The representative was not a happy little bunny about this and tried to protest but the judge virtually through him out on his ear. Go away you silly little man - seemed to be the gist of what the judge said to the bank representative.

 

The admin fee was related to the account that did ‘not’ hold PPI (PBP) too. This is a significant latter point that I want to reiterate.

 

I wish to know how I can utilise the ‘Judgment’ to best effect against this horrid company. They most certainly DO NOT want this story leaking out as it will naturally affect their ability to hassle consumers via their belligerent DCA techniques.

I do hope that my efforts will help others too that have been targeted by them for ‘treatment.’

 

As I have said before – most companies pay up on admin fees, but this one got overconfident and paid the price. ;)

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'Cap-pest' lol - ah yes....

 

They are a joke.:p

 

I managed to rid myself of them before I even had a truecall to block such calls and before I was sending admin fees.

 

Their foolish little phone monkey got too shirty and I happily pressed back.

 

He thankfully lost his cool following a touch of sarcasm from yours truly and even gave his first name. I reported him to OFT and very quickly I received a terribly grovelling apology from CP. They subsequently closed the account and sent it back to Capone. That was a very nice day;)

 

These days my mate truecall tells them all to waddle off - or words to that effect .

 

I still log the zapped calls though and report any persistent callers to OFT etc with a full written log of the calls.

 

:D

 

I still could do with a bit of nice advice though about how best to utilise the last winning judgment against these poor, pathetic creatures.

 

Good luck all with your individual quests against the oppressors.

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'Cap-pest' lol - ah yes....

 

They are a joke.:p

 

I managed to rid myself of them before I even had a truecall to block such calls and before I was sending admin fees.

 

Their foolish little phone monkey got too shirty and I happily pressed back.

 

He thankfully lost his cool following a touch of sarcasm from yours truly and even gave his first name. I reported him to OFT and very quickly I received a terribly grovelling apology from CP. They subsequently closed the account and sent it back to Capone. That was a very nice day;)

 

These days my mate truecall tells them all to waddle off - or words to that effect .

 

I still log the zapped calls though and report any persistent callers to OFT etc with a full written log of the calls.

 

:D

 

I still could do with a bit of nice advice though about how best to utilise the last winning judgment against these poor, pathetic creatures.

 

Good luck all with your individual quests against the oppressors.

 

 

I can't help you with that but I remain very interested in your efforts and will hopefully be utilising them soon myself.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hey Q :)

 

Subbing as [email protected] are catching up with 1st crud re: SDs in my view :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Guest HeftyHippo

if you want to make use of it, send a simple press release to suitable newspapers, banking/management/consumer journals etc giving the bare facts. It would get more attention if they were late paying because then the headline would be "Enforcement action for unpaid debt taken against bank/dca" etc

 

not only do the public need to know, but the industry as well

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Press DEFO need to know on this one. Q ur a star :D:D

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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  • 2 weeks later...
Press DEFO need to know on this one. Q ur a star :D:D

 

 

 

It is rather tempting to blow this one out into the open - will think more on it...

 

;)

 

I still require more advice however regarding how best to use the Judgement recently gained.

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Hey Q :)

 

Subbing as [email protected] are catching up with 1st crud re: SDs in my view :D

 

Ah yes "[email protected]"

 

What a pesky little outfit they can be.

 

I had to rid myself of them when they took on a Capone file last year. I advise anyone to complain to OFT about them and others as it all helps to stuff them up.

 

I am also currently in the process of dealing with them over a BOS dispute that they should not be playing with. The last shark played with the file before protests and threats of admin charges forced it to let go. So now these unprofessional little clowns are on the case... so very predictable they are too...yawn!!

 

I feel they will end up like Ist Crudite and even possibly lose their trading licence before too long.:D

 

If I had no disputes I think I would have to create some as this sport is so addictive...:)

 

 

Happy days .

 

Say BB - Do you have any new data that I may be able to utilise against [email protected] seeing as you mention them?

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Allegedly, the guy that signs their SDs MAY not exist :confused::D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 1 month later...
When it comes to issuing admin charges for being unnecessarily harassed, I find that most annoying DCAs pay up after a little initial complaining rather than taking it into litigation.

 

However, I recently sued one in court that was an in-house agent for a leading bank. They wanted to take it all the way; therefore I met them in front of the judge.

 

Thankfully, the judge came out in favour of me and said that the DCA was virtually wasting court time as the matter of a simple admin charge was disproportionate to costs. The bank later paid my admin fee, costs etc. They were decidedly unhappy about my victory.

 

Of course I now have the judgment filed away and I am wondering what good effect I can put this to now.

Can I perhaps use the judgment against the DCA/bank to report them to the CRA - issue a default against them...?

 

Or maybe use it to protest to the ICO that they are breaching the DPA?

 

There must be some way we can use the judgment to good effect?

 

Expert opinions always welcomed...

 

 

:)

 

 

Q

 

Any advice what to reply when they states that they do not accept any charge as they have not entered in to any contract to do so?

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Don't you find it strange that they like to slap charges on an a/c even though you have no contract with them?

 

What's good for the goose is good for the gander.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Don't you find it strange that they like to slap charges on an a/c even though you have no contract with them?

 

What's good for the goose is good for the gander.

 

Actually I send the invoice to Albion Collections but receive this response from Aqua Card! The situation is exactly the same as the OP.

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Albion are the inhouse collection arm of the RBS who own Aqua Card.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Any advice what to reply when they states that they do not accept any charge as they have not entered in to any contract to do so?

 

There's a similar thread here if you're interested where he talks about this scenario in the opening post.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?257619-Turning-the-tables-on-DCA-Bullies

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