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So now banks use DCA headed paper even though they are nothing to do with the company??

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Going on from another thread I thought id post this because more people may get to look at it and comment....

 

Quote..My understanding is that some banks have Moorcroft stationary in their offices, to use when sending out the initial debt recovery letters. If you respond regarding the debt, the letters are handled by the banks staff and not touched by anyone from Moorcroft. I suppose that they might think that as the last letters were sent on Moorcroft paper, they had to make it look like they have passed on information in the way that they have. A bit silly really.

 

I have seen this in another bank, but they replied properly on the banks paper and did not try to maintain the impression that a DCAlink3.gif were dealing with it.

 

Will you get an admission that this is what has happened ? I suppose if you complained to the ICO, they might have to offer them the explanation on their processes. The banks processes will have been accepted by the FSA, who should have a flowchart of how the DCA letters fit into their accounts process..

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Guest Cartaphilus

I somehow think this is going to open up some interesting discussion.

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That was the idea...cant wait to hear peoples opinions :-)

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Guest Cartaphilus

Mine probably would have been yelling Watchdog and Matt Allwright over and over which I refrained from posting before. Just kidding but you hopefully get the gist? ;)

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Im bumping this as it seems my suspisions are correct...its bull!

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This has been discussed in great length and detail. The conclusion is that DCAs/banks etc. have permission from each other to use their letterheads.


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ive never heard of this can you direct me to the link please???

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This has been discussed in great length and detail. The conclusion is that DCAs/banks etc. have permission from each other to use their letterheads.

 

I have seen it with my own eyes. It was part of a banks process to include DCA's letters as the final letters in the banks own accounts chasing process. It must be legit, as the process was signed off by the banks compliance people as well as the FSA. The process has been in place for atleast 10 years to be knowledge.

 

I must admit, when I first saw these letters being used, my eyebrows were raised, as I thought it was very deceitful. But the reason the letters are used is that they work. Many people would not pay their bank, but would cough up when getting the debt collectors letter. For those that still did not pay, the DCA continued the collection process.


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Send a recorded delivery letter to the banks head of compliance at their head office addresss asking for an explanation. Tell them you are worried by the banks apparent breach of your rights under the Data Protection act.


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The whole point of company letterhead legislation is to prevent one company trying to confuse people by using another company's stationery.

 

When sending out letters firms HAVE to state exactly where the letter came from.

 

If Banks are sending out letters with Moorcroft letterheads they are acting illegally even if they have permission to use Moorcroft's logos etc. The reason it is wrong is because they are making you believe the letter came from another entity.

 

They could legitimately say 'sent on behalf of' with their OWN letterhead and company details as required by law.


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Thank you my thoughts exactly.ANYBODY could get hold of a company letterhead asking for money and there will be people out that scared enough to pay up no questions asked.I will send my compliant to Abbey and tell them I believe they have breached my Data Protection

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Guest Cartaphilus
Tell them you are worried by the banks apparent breach of your rights under the Data Protection act.
Apparent? Nope, it seems fairly clear what has gone on here or appears to have. A clear abuse of another company's stationery in order to subject debtors to psychological stress. If that's what it looks like then that is what it is.

I have seen it with my own eyes. It was part of a banks process to include DCA's letters as the final letters in the banks own accounts chasing process. It must be legit, as the process was signed off by the banks compliance people as well as the FSA. The process has been in place for atleast 10 years to be knowledge.

 

Nope, it's not 'legit' to pass off someone elses stationery in the way described. Just because it happens doesn't make it 'legal' or 'right'. Certainly wrong. If any of us did the same I know what the consequences would eventually be put it that way, no difference to this situation, either.

Edited by Cartaphilus

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Apparent? Nope, it seems fairly clear what has gone on here or appears to have. A clear abuse of another company's stationery in order to subject debtors to psychological stress. If that's what it looks like then that is what it is.

 

 

Nope, it's not 'legit' to pass off someone elses stationery in the way described. Just because it happens doesn't make it 'legal' or 'right'. Certainly wrong. If any of us did the same I know what the consequences would eventually be put it that way, no difference to this situation, either.

 

It would be nice if Companies House agreed with you.


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Guest Cartaphilus

Yes, it's a shame. There appears to be no morality left anymore. *yawn*

 

So, it's time I think I went immoral. Seems to be the best way forwards these days.

Edited by Cartaphilus

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Apparent? Nope, it seems fairly clear what has gone on here or appears to have. A clear abuse of another company's stationery in order to subject debtors to psychological stress. If that's what it looks like then that is what it is.

 

Nope, it's not 'legit' to pass off someone elses stationery in the way described. Just because it happens doesn't make it 'legal' or 'right'. Certainly wrong. If any of us did the same I know what the consequences would eventually be put it that way, no difference to this situation, either.

 

I can understand your views about this, as it involves an outside debt collector.

 

But many companies issue letters on behalf of other companies. For example, some large Insurance intermediaries administer the Insurance schemes on behalf of many different brands. Budget Insurance for example handle the Insurance of the Post Office and Santander to name just two.

 

Whether you like it or not, banks and other financial services companies have commercial agreements with debt collection companies. These agreements include the passing over of debts once they reach a certain stage in the accounts collection process. The sending of debt collectors letters using branded stationary forms part of that agreement. But the letters should really make clear the relationship between the DCA and the bank. I can't remember the exact text or footers of the letters and they may have changed, but normally letters are checked by qualified compliance officers before they are used.

 

The OP should be asking the bank whether his data protection rights have been compromised.


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What about this then:

 

http://www.legislation.gov.uk/ukpga/1988/27/section/1

 

1 Offence of sending letters etc. with intent to cause distresslink3.gif or anxiety. E+W

 

(1)Any person who sends to another person—

 

(a)a [F1letter, electronic communication or article of any description] which conveys—

 

(i)a message which is indecent or grossly offensive;

 

(ii)a threat; or

 

(iii)information which is false and known or believed to be false by the sender; or

 

(b)any [F2article or electronic communication] which is, in whole or part, of an indecent or grossly offensive nature,

 

is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distresslink3.gif or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated.

 

 

There is also something along these lines in the OFT Guidelines about "Misleading letters".


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The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

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