Professional diligence

[Turnaround]

Its nice to be able to contribute again.

 

Just a thought, like many others offering help on this forum I have advised serving a CCA request to determine a bench mark for their liability to the alleged debt. The replies received from the DCA’s vary considerably but in the main circumnavigate their responsibilities to the customer.

 

Recently, I have found that if you question their "Professional Diligence" under the Consumer Protection from Unfair Trading Regulations 2007, then they back off very quickly.

 

 

 

Key terms used in the act

• "Professional diligence" means the standard of special skill and care that a trader may reasonably be expected to exercise towards consumers, commensurate with honest market practice and/or the general principle of good faith in the trader's field of activity.
  
• "To materially distort the economic behaviour of consumers" means using a commercial practice to appreciably impair the consumer's ability to make an informed decision, thereby causing the consumer to take a transactional decision that he would not have taken.
  

I hope readers find this approach useful.

 

Regards……Turnaround

Edited July 14, 2010 by Turnaround
typo

[dragonkeeper]

A furher tool for the stance against DCA's

 

 

 

 

dk

[Turnaround]

All DCA’s chance their luck, in the belief that either you do not know your rights or how the DCA should behave. This site has always been a light at the end of the tunnel.

 

It has been common place for DCA’s to confuse and manipulate people with their interpretation of the various codes and acts that determine how the industry operates. And invariably, some people submit to the unfair pressure or confusion presented by their underhanded methods. They assume, wrongly, that the DCA is acting within the law, when in fact they are coercing you into making payments, on a debt that might not be yours, and refusing to provide the supporting evidence they legally require to pursue the debt.

 

Just let them dig a hole, as they all do, and then hit them.

They then can’t defend their actions…….Result.

 

Regards.....Turnaround

[Nightmare4banks]

Hi All!

 

Turnaround,

 

Very interesting angle to use in tackling these DCAs.

 

Currently I have one DCA who bought a debt from a creditor(which I successfully sued for missold PPI) which was included in the balance the DCA purchased.

 

The DCA has no paperwork and brought around a field rep unnannounced to my home very recently.

 

Prior to this,I was receiving calls and told them that I could not speak to them and I just switched off the mobile ignoring them.

 

They would also leave voice messages every couple of days.

I have got to the point where I think I should "kick some a**!" and will certainly consider using the "Professional Deligence" that you have mentioned.

 

On a seperate note,I am also considering to sue them for harrassment too.

[Bazooka Boo]

If you have kept a diary of events, go visit your local Police station and file a complaint of harassment, don't let them fob you off with 'it's a civil matter' it's not it's most certainly a criminal offence