Welsh water DO NOT have to follow OFT guidlines!

[babybear39]

You heard it here first guys...

 

During a telephone conversation this afternoon a member of CAG was told by a team manager that their company DOES NOT have to abide by OFT guidlines because they are JUST guidlines...This is not verbatum...The call could not be recorded by the member.

 

Oh, and the only DPA check they do is ask the customer's name!!!

 

More when the SAR for the telephone conversations is adhered to.

[ScarletPimpernel]

It's true that the OFT Guidance is just guidance - but compliance with it is mandatory for holders of a consumer credit licence.

[DonkeyB]

Does acceptance of guidelines count as a ‘code of practice’ – which, under CPUTR, they must follow? Cheeky beggars.

[babybear39]

It's true that the OFT Guidance is just guidance - but compliance with it is mandatory for holders of a consumer credit licence.

 

I would assume a company as big as Welsh water has a CCL...Otherwise how could they let their customers pay in installments?

[babybear39]

Does acceptance of guidelines count as a ‘code of practice’ – which, under CPUTR, they must follow? Cheeky beggars.

 

All is in hand DB. SAR will be on it's way ASAP

 

As to CPUTR, certain companies treat that as more of a joke than existing OFT guidlines! Poor dears are going to get a shock when they find out that the CPUTR is LAW

[Guest HeftyHippo]

It's true that the OFT Guidance is just guidance - but compliance with it is mandatory for holders of a consumer credit licence.

 

dont think so. its guidance, but conduct and adherence to the guide can be taken into consideration for fitness to hold a credit licence.

 

Egg wrote to me recently to say they dont have to stick to the guidelines and are "not bound to them in any way"

Edited September 28, 2010 by HeftyHippo

[babybear39]

It's a bit like the codex in POTC..."The code is law."

[ScarletPimpernel]

The OFT says, in the Guidance notes:

 

It is expected that applicants and licence holders will abide by the spirit and the letter of this guidance.

 

For Egg to say they aren't bound in any way is disingenuous to say the least - but then who believes anything the financial industry says anymore?

[rebel11]

The OFT are looking at making these Guidelines more concrete, I hope so, the more 'concrete' the better.

[babybear39]

Meanwhile...WW's formal complaints procedure has been requested. That process and the SAR are going to be very interesting...

 

I've also requested an email contact due to my circumstances.

Edited September 29, 2010 by babybear39

[martin g]

My wife worked for Thames Water, all of the water companies have to record their customer service agents calls.

Make sure that you get the recording, I would have thought that it would come better as a FOI request?

 

Martin g

[Bookworm]

The OFT are looking at making these Guidelines more concrete, I hope so, the more 'concrete' the better.

Preferably cast around their high exec's feet.

[babybear39]

My thoughts exactly Bookie

 

The manager did indeed confirm that the calls are recorded and she said she was going to listen to the initial call as soon as our call was finished.

 

Can't be done using the Freedom of Information Act because the data is personal otherwise anyone could request recordings of calls with who ever they choose.

 

SAR is they way I'm going, including insisting on a copy of the digital recording not being fobbed off with a transcript, and if they refuse we'll see what a judge and the ICO think

[martin g]

Can't be done using the Freedom of Information Act because the data is personal otherwise anyone could request recordings of calls with who ever they choose.

 

Thanks I learn more everyday,

Martin g

[Guest HeftyHippo]

For Egg to say they aren't bound in any way is disingenuous to say the least - but then who believes anything the financial industry says anymore?

 

Thats correct, but none the less, not following the guidelines is not an offence of any kind, although the OFT says in the guidelines:

 

1.5 This guidance is intended to set out the type of behaviour the OFT considers to fall

within the category of unfair business practices which will call into question fitness

to retain or be given a licence. It is expected that applicants and licence holders

will abide by the spirit as well as the letter of this guidance. Publication of this

guidance will also enable the OFT to take speedier action against behaviour that

clearly falls into the type of categories of unfair practices shown.

 

However, has the OFT ever taken any real, effective action against one of the big banks. Breaking the guidelines is a routine event by the whole industry, and there is no sign of it stopping.

 

 

The OFT are looking at making these Guidelines more concrete, I hope so, the more 'concrete' the better.

 

Guidelines should apply to how a result is achieved and how something should be interpreted. Guidelines are not suited to achieving a required standard of behaviour.

eg, the guideline for notifying a borrower that an account has been passed to another external DCA, means that the bank doesnt actually have to inform the customer. Informing the customer of the account being handled externally should be mandatory, and the agency should be named to the customer. The guideline might be that the customer is informed before or the same time the account is referred, but in any case the customer should know before the agency contacts him.

 

exactly how and when the bank informed the customer is up to them, but the standard is that he is informed. All of the guidelines should be made mandatory and much more stringent

[dpick]

My thoughts exactly Bookie

 

The manager did indeed confirm that the calls are recorded and she said she was going to listen to the initial call as soon as our call was finished.

 

Can't be done using the Freedom of Information Act because the data is personal otherwise anyone could request recordings of calls with who ever they choose.

 

SAR is they way I'm going, including insisting on a copy of the digital recording not being fobbed off with a transcript, and if they refuse we'll see what a judge and the ICO think

 

Hi babybear39 though you might like to know about this. when I was taking MBNA to court re SAR not being complied with MBNA tried to say my transcript of a phone call was not correct. They got a shock when I informed the Judge that I had the call recorded on laptop and would he like to hear it. The MBNA solicitor tried all sorts but the judge said yes and the call recording was played. The judge said if the transcript of a call was challenged then the court could order the recording of the call be played.

 

dpick

[Allan1553]

Hello everyone, I received a short email reply to my enquiry to Welsh Water on these points on 20 May 2011.

A Mr. C. Mountjoy of Welsh Water Customer Contacts stated that "Welsh Water is a private company and not a public authority. As a result we are not covered by the Freedom of Information Act, and are therefore under no obligation to disclose any information requested under it. I can however explain that water charges are statutory and not contractual. As water and sewerage charges are not statutory charges, we do not require a Consumer Credit Licence."

Now I have this infomation, I can address Welsh Water and their appointed Debt Collection companies (who do have CCL) respectively and correctly, in respect of breaches of relevant legislation and conduct, ie: refusing to deal with bodies appointed to act for me under signed Form of Authority, demanding excessive payments, demanding and pursuing additional water charges as a debt before they are actually due for payment, etc.

DON'T LET THEM BULLY YOU, THEY WILL IF YOU LIE DOWN AND FAIL TO STAND UP FOR YOUR RIGHTS!

[babybear39]

Not quite on topic but I've recently found out that if you have certain disabilities you may qualify for a 50% reduction from your water bill with WW. Unfortunately they say it can't be backdated, but lets see who blinks first on that one