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    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
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Lowell Finance - There is low, and there is lower than low.. They've hit the bottom


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I thought I'd seen it all with debt collection agencies, but Lowell have taken it to a whole new level.

 

I have been paying £20 a week for numerous weeks. Never missed a payment, been up to date, all good.

 

I was supposed to transfer £20 from one account to another to cover the payment on Christmas Eve, but unfortunately due to sorting out work ( I work as a chef so do shifts ) and shopping I forgot to do it.

 

Lo and behold, today ( yes, christmas day ) I have had FOUR phone calls, all of which I recognised the number for so ignored, and an automated text message demanding I ring their office asap.

 

ON CHRISTMAS DAY !!!!!

 

To say I am absolutely livid is understating it somewhat.

 

Surely this isn't allowed. A Bailliff isn't permitted to call on Christmas day, and they have the law on their side. How the hell can a debt collection agency get away with it.

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Ignore them. They're not bailiffs at all. Never will be either.

 

I hope you checked the validity of the debt before you became one of their cash cows

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It may be yours but did you check if they can legally enforce it. If they can't, then you never have to pay them a penny. Lowell are one of the lowest dcas so you really need to.do your homework and not blindly pay without question

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It may be yours but did you check if they can legally enforce it. If they can't, then you never have to pay them a penny. Lowell are one of the lowest dcas so you really need to.do your homework and not blindly pay without question

 

Being honest, I know I owe the money, its not statute barred or anything like that. So quite happy to pay. I don't want to shirk away from having to pay what I owe. No doubt they are the lowest of the low ( as today has shown ) but I'd rather just pay them off and get them out the way.

 

My annoyance is with the fact they can even call you on CHristmas day. Surely that can't be legal.

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I bet you don't owe the money

what was the debt

and who was the original creditor...ever asked yourself this..

 

 

... why did they sell my debt to a debt buyer....

when the original creditor could have taken me to court and crushed me dead...

 

 

...urm......

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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And no. It's not illegal for them to call on Xmas day.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I don't think there is any actual restriction on the day that they can call you, just the frequency and time of calls. Pretty typical of them however, although I can't imagine they would be paying staff overtime to work on Xmas Day, so I wonder if it was some sort of dialler leaving messages rather than a human doing it?

 

Interestingly today is the only day since about September when they HAVEN'T called me!

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Edit

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Sadly these things are all automated these days.

 

I'm repaying a debt with Lowell and interestingly enough got an email saying they'd be taking my payment a day later than usual due to The Christmas bank holidays. Unless you pay by card they wouldn't get a payment today anyway.

 

May I ask why you're going to the hassle of paying every week? I pay one a month by direct debit so I don't even have to think about it.

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Sadly these things are all automated these days.

 

I'm repaying a debt with Lowell and interestingly enough got an email saying they'd be taking my payment a day later than usual due to The Christmas bank holidays. Unless you pay by card they wouldn't get a payment today anyway.

 

May I ask why you're going to the hassle of paying every week? I pay one a month by direct debit so I don't even have to think about it.

 

Its more convenient usually to just pay it each week via our debit card. Usually its not an issue, but on this one occasion I forgot to transfer the money between accounts so it got missed.

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I seriously question why both of you are blindly paying a dca........

 

 

tell us about your debts..

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I only owe about £400 to lowell at the moment and I owe the money so I want to pay it back.

 

 

The only reason I'm in this situation was because I didn't have a job for months a while a go and now I do I have no issue paying it back.

 

Yes I could just not pay but I want to clear my debts and be done with it.

I don't mind paying the little I do and no longer being bothered by debt collection agencies.

I have four defaults i'm paying off and two are with a dca

but considering the low amounts it won't be long before their paid off anyway.

 

I'm more concerned about a default I have that is currently £2600

and I don't see me being able to pay it off in a reasonable time frame.

 

 

I'm worried that they could get a ccj or pass it on to a dca.

At the moment they don't seem to care as long as I'm making repayments.

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being cash cowed...

paying your debts does not to prevent a CCJ nor improve your credit file

or remove defaults.

 

tell us about the debt please

and have you your own thread running concerning it?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The Lowell debt was originally a payday loan

and considering I had one with wonga that was written off because they shouldn't have given it to me in the first place,

maybe I shouldn't be paying that.

 

 

I don't have a seperate thread because I'm happy enough as I'm paying £25 a month and they leave me alone.

 

The £2600 debt is a santander credit card and my bank is santander.

When I didn't have a job and spoke to them on the phone they just asked if I could pay £5 a month

and seemed happy as long as I was paying something.

I've made extra payments on top of that when I can as the large balance is bothering me.

I think the original balance must have been at least £3300.

 

I'm not paying a lot towards these debts

but I don't earn that much

and I have a car payment every month of about £200 so I don't have much spare.

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The Lowell debt was originally a payday loan

and considering I had one with wonga that was written off because they shouldn't have given it to me in the first place,

maybe I shouldn't be paying that. - start a new thread

just because ones been written off, why cant the second?

 

I don't have a seperate thread because I'm happy enough as I'm paying £25 a month and they leave me alone. - MUG!

The £2600 debt is a santander credit card and my bank is santander.

When I didn't have a job and spoke to them on the phone they just asked if I could pay £5 a month

and seemed happy as long as I was paying something.

I've made extra payments on top of that when I can as the large balance is bothering me.

I think the original balance must have been at least £3300. - what type of account - ODraft?

I'm not paying a lot towards these debts

but I don't earn that much

and I have a car payment every month of about £200 so I don't have much spare.

 

 

you are blindly paying DCA's..WHY? they are NOT BAILIFFS!!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

You do raise a good point with the payday loan though. I just had a look and both loans were the same amount, around the same time and the wonga loan was written off because it was deemed unnafordable so why am I paying off this one?

 

I think I'll stop paying and let them know why.

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e that you are aware of the fact that debt collection agencies are not allowed to do the following ten things:

 

They cannot call you over and over repeatedly. Debt collection agencies are not allowed to keep calling and having your phone ring over and over until you pick up.

They cannot call you at odd hours. It is legal for debt collection agencies to call you between 8 am and 9 pm (your local time) Monday through Saturday and between 1 pm and 5 pm (your local time) on Sundays. ]

 

NOTE:_ They aren’t allowed to call outside of those hours and they aren’t allowed to call you on official holidays. So if you get a call from a debt collection agency at midnight on Christmas then you have the right to force them to not do that anymore.

 

They cannot threaten you. Debt collection agencies are not allowed to make threats. They can’t say that they’ll sue you when they don’t intend to do so. They cannot threaten to tell your employer or your friends or anyone else about your debt problems.

They cannot speak to you using abusive language.

 

If you are ever on the phone with a debt collection agency and they begin to swear at you, call your names or otherwise speak to you abusively then you should hang up. You should immediately put in writing what happened and send it to the management of the agency.

They cannot talk to other people about your debt. Debt collection age

 

If it was me I send a complaint to the FCA/ etc etc etc giving date /time/ and their company name. also their organisation of debt collectors etc should be told, and your MP if they are of any worth should step in.

 

 

Frt info:-

 

Debt collection is big business. A staggering 20m cases, worth a total of £12.7bn, were passed to debt collectors last year alone.

worried women looking at statement

Anxious times: Complaints have streamed in from distressed victims of debt collectors

Debt collectors typically earn between 10% and 50% of the money collected.

 

But complaints from distressed victims of these firms have soared. Watchdog the Office of fair Trading (OFT) was swamped with 11,180 complaints last year, compared with 8,961 the previous year. And consumer groups claim this is just the tip of the iceberg.

Marc Gander, from the Consumer action Group, says: 'The situation is completely out of control. Thousands of people are finding themselves chased by a succession of debt collection agencies for money they never owed in the first place.'

 

Despite the OFT having new powers to shut down rogue debt collectors, firms are continuing to chase people who've never missed a payment in their lives. And there are worrying reports of harassment by firms which are flouting industry rules.

Household names, including utility firms and mobile phone providers, are often at the root of the problem, selling on questionable debts and leaving their customers at the mercy of these debt collection firms.

 

Money Mail, the OFT and the charity Citizens advice have uncovered shocking evidence of:

• Consumers being threatened with legal action and bailiffs for bogus debts;

• Exasperated consumers being forced to fight these bogus debts for years;

• Household-name companies that initiated the debt failing to intervene and leaving customers at the mercy of collection firms;

• Bungling firms failing to investigate disputed debts before selling the debt to a collection firm;

• Credit records blighted for years as debt is sold from one collection agency to another;

• Consumers being hounded at all times of the day and night;

• Rogue debt collectors hassling neighbours to chase debts.

 

How the debt collection agencies work

Some collection agencies are departments or subsidiaries of the company that owns the original debt. They typically get involved earlier in the debt collection process and, in theory, have a greater incentive to maintain a good relationship with the customer.

 

But in many cases, the debt is sold to a third-party firm — which has no such incentive. Typically, they will get paid only if they collect the money, so are effectively incentivised to chase you until you pay up — whether it is a genuine debt or not.

Often, debt will be bought and sold in bundles. The cheaper the package, the less information about the debtor is available and the more work is needed to track down the right person — and the more likely they are to get the wrong one. This debt is often sold on again if the debt collector isn't successful.

Mr Gander says: 'It's like Chinese whispers. Bogus debt is sold on to a debt collection agency which will have some paperwork, but with no direct knowledge of the customer. It becomes increasingly difficult for the customer to challenge these debts.'

 

Worryingly, Mr Gander claims in some cases when debt is sold on, the collection firm might put a fresh mark on that person's credit record. This breaches rules from the Information Commissioner dictating that there can be only one default date for a debt. he says: 'In the worst cases, a black mark on your credit record — which should only last for six years — can be on your record for much longer, even if you didn't owe the money in the first place.'

What is being done?

 

Though there are plenty of guidelines which are supposed to protect consumers, critics say they are woolly and not rigorously enforced. Debt collection firms are regulated under the Consumer Credit act and must hold a Consumer Credit licence.

These licences are issued by the OFT, which is also responsible for policing the industry.

Under the guidelines, for example, debt collection firms are not allowed to pursue the debt if it is disputed. They not allowed to contact you at unreasonable times or hassle you constantly. Neither should they make threatening statements, pressurise you into paying in full or in unreasonably large instalments, or to sell property or borrow more money to pay off the debt. Firms must also investigate a debt properly when it is disputed.

 

Crucially, the OFT has no powers to investigate individual complaints and will intervene only if it receives many complaints about the same firm.

The charity Citizens Advice says some debt collectors are clearly breaching regulatory guidelines and industry codes of conduct. a spokesman explains: 'We see cases amounting to harassment, where people get phone calls several times a day from creditors and debt collection companies acting on behalf of creditors, sometimes in the early hours or late at night and sometimes at work.

'We also see cases where firms contact neighbours and relatives to try to trace debtors. Besides being in breach of OFT guidelines, this sort of harassment can cause immense additional stress and anxiety to people already overwhelmed by debt problems.'

 

Experts say tougher debt collection guidance introduced by the OFT in 2006 has made little headway in cracking down on the cowboys, and that many firms are simply ignoring them.

 

Since then, the OFT has been able to strip debt collection firms of their licence to trade. But it has used its new powers sparingly, taking action against just 20 firms since April 2008.

There are an estimated 350 debt collectors operating in Britain and critics argue the OFT needs to get tougher. Mr Gander says: 'The guidelines covering debt collectors are woolly and are failing to protect consumers. The OFT is failing to rigorously enforce these rules by using its new beefed-up powers. No one is scared of them.'

Joanna Parsley, from Credit action, says: 'The OFT really needs to take more licences away from these firms to send out a strong message.'

Kevin Brennan, shadow Consumer minister, says: 'It's outrageous that people are finding themselves pursued for debts they don't owe.

'There should be a greater onus on the big companies that hire these debt collectors. They can't be allowed to wash their hands of responsibility to their customers when they sell on a debt.'

 

Peter Wallwork, chief executive of the Credit Services Association — the trade body for debt collectors — says: 'Considering how big this industry is, we receive relatively few complaints.

 

'No one wants to be in debt and I think that's one of the reasons why we get a bad press. If anyone is being harassed by one of our members, please call us on 0191 286 5656.'

 

 

Read more: http://www.thisismoney.co.uk/money/cardsloans/article-1704403/How-to-keep-debt-collectors-off-your-back.html#ixzz3vQCdxBpC

Follow us: @MailOnline on Twitter | DailyMail on Facebook

:mad2::-x:jaw::sad:
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They cannot keep contacting you if you request in writing that they not call you anymore. That’s right; you have the right to ask them to stop bothering you and they have to comply. This doesn’t mean that you aren’t responsible for your debt anymore. The debt collection agency is free to pursue legal recourse and to contact you through a lawyer to notify you as such. However, if you have requested in writing that they not call you, they are no longer allowed to call you. And by the way, even if you don’t cease communication completely, you are perfectly within your right to notify the agency that they may not call you at work and they have to respect that.

:mad2::-x:jaw::sad:
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e that you are aware of the fact that debt collection agencies are not allowed to do the following ten things:

 

They cannot call you over and over repeatedly. Debt collection agencies are not allowed to keep calling and having your phone ring over and over until you pick up.

They cannot call you at odd hours. It is legal for debt collection agencies to call you between 8 am and 9 pm (your local time) Monday through Saturday and between 1 pm and 5 pm (your local time) on Sundays. ]

 

NOTE:_ They aren’t allowed to call outside of those hours and they aren’t allowed to call you on official holidays. So if you get a call from a debt collection agency at midnight on Christmas then you have the right to force them to not do that anymore.

 

They cannot threaten you. Debt collection agencies are not allowed to make threats. They can’t say that they’ll sue you when they don’t intend to do so. They cannot threaten to tell your employer or your friends or anyone else about your debt problems.

They cannot speak to you using abusive language.

 

If you are ever on the phone with a debt collection agency and they begin to swear at you, call your names or otherwise speak to you abusively then you should hang up. You should immediately put in writing what happened and send it to the management of the agency.

They cannot talk to other people about your debt. Debt collection age

 

If it was me I send a complaint to the FCA/ etc etc etc giving date /time/ and their company name. also their organisation of debt collectors etc should be told, and your MP if they are of any worth should step in.

 

 

Frt info:-

 

Debt collection is big business. A staggering 20m cases, worth a total of £12.7bn, were passed to debt collectors last year alone.

worried women looking at statement

Anxious times: Complaints have streamed in from distressed victims of debt collectors

Debt collectors typically earn between 10% and 50% of the money collected.

 

But complaints from distressed victims of these firms have soared. Watchdog the Office of fair Trading (OFT) was swamped with 11,180 complaints last year, compared with 8,961 the previous year. And consumer groups claim this is just the tip of the iceberg.

Marc Gander, from the Consumer action Group, says: 'The situation is completely out of control. Thousands of people are finding themselves chased by a succession of debt collection agencies for money they never owed in the first place.'

 

Despite the OFT having new powers to shut down rogue debt collectors, firms are continuing to chase people who've never missed a payment in their lives. And there are worrying reports of harassment by firms which are flouting industry rules.

Household names, including utility firms and mobile phone providers, are often at the root of the problem, selling on questionable debts and leaving their customers at the mercy of these debt collection firms.

 

Money Mail, the OFT and the charity Citizens advice have uncovered shocking evidence of:

• Consumers being threatened with legal action and bailiffs for bogus debts;

• Exasperated consumers being forced to fight these bogus debts for years;

• Household-name companies that initiated the debt failing to intervene and leaving customers at the mercy of collection firms;

• Bungling firms failing to investigate disputed debts before selling the debt to a collection firm;

• Credit records blighted for years as debt is sold from one collection agency to another;

• Consumers being hounded at all times of the day and night;

• Rogue debt collectors hassling neighbours to chase debts.

 

How the debt collection agencies work

Some collection agencies are departments or subsidiaries of the company that owns the original debt. They typically get involved earlier in the debt collection process and, in theory, have a greater incentive to maintain a good relationship with the customer.

 

But in many cases, the debt is sold to a third-party firm — which has no such incentive. Typically, they will get paid only if they collect the money, so are effectively incentivised to chase you until you pay up — whether it is a genuine debt or not.

Often, debt will be bought and sold in bundles. The cheaper the package, the less information about the debtor is available and the more work is needed to track down the right person — and the more likely they are to get the wrong one. This debt is often sold on again if the debt collector isn't successful.

Mr Gander says: 'It's like Chinese whispers. Bogus debt is sold on to a debt collection agency which will have some paperwork, but with no direct knowledge of the customer. It becomes increasingly difficult for the customer to challenge these debts.'

 

Worryingly, Mr Gander claims in some cases when debt is sold on, the collection firm might put a fresh mark on that person's credit record. This breaches rules from the Information Commissioner dictating that there can be only one default date for a debt. he says: 'In the worst cases, a black mark on your credit record — which should only last for six years — can be on your record for much longer, even if you didn't owe the money in the first place.'

What is being done?

 

Though there are plenty of guidelines which are supposed to protect consumers, critics say they are woolly and not rigorously enforced. Debt collection firms are regulated under the Consumer Credit act and must hold a Consumer Credit licence.

These licences are issued by the OFT, which is also responsible for policing the industry.

Under the guidelines, for example, debt collection firms are not allowed to pursue the debt if it is disputed. They not allowed to contact you at unreasonable times or hassle you constantly. Neither should they make threatening statements, pressurise you into paying in full or in unreasonably large instalments, or to sell property or borrow more money to pay off the debt. Firms must also investigate a debt properly when it is disputed.

 

Crucially, the OFT has no powers to investigate individual complaints and will intervene only if it receives many complaints about the same firm.

The charity Citizens Advice says some debt collectors are clearly breaching regulatory guidelines and industry codes of conduct. a spokesman explains: 'We see cases amounting to harassment, where people get phone calls several times a day from creditors and debt collection companies acting on behalf of creditors, sometimes in the early hours or late at night and sometimes at work.

'We also see cases where firms contact neighbours and relatives to try to trace debtors. Besides being in breach of OFT guidelines, this sort of harassment can cause immense additional stress and anxiety to people already overwhelmed by debt problems.'

 

Experts say tougher debt collection guidance introduced by the OFT in 2006 has made little headway in cracking down on the cowboys, and that many firms are simply ignoring them.

 

Since then, the OFT has been able to strip debt collection firms of their licence to trade. But it has used its new powers sparingly, taking action against just 20 firms since April 2008.

There are an estimated 350 debt collectors operating in Britain and critics argue the OFT needs to get tougher. Mr Gander says: 'The guidelines covering debt collectors are woolly and are failing to protect consumers. The OFT is failing to rigorously enforce these rules by using its new beefed-up powers. No one is scared of them.'

Joanna Parsley, from Credit action, says: 'The OFT really needs to take more licences away from these firms to send out a strong message.'

Kevin Brennan, shadow Consumer minister, says: 'It's outrageous that people are finding themselves pursued for debts they don't owe.

'There should be a greater onus on the big companies that hire these debt collectors. They can't be allowed to wash their hands of responsibility to their customers when they sell on a debt.'

 

Peter Wallwork, chief executive of the Credit Services Association — the trade body for debt collectors — says: 'Considering how big this industry is, we receive relatively few complaints.

 

'No one wants to be in debt and I think that's one of the reasons why we get a bad press. If anyone is being harassed by one of our members, please call us on 0191 286 5656.'

 

 

Read more: http://www.thisismoney.co.uk/money/cardsloans/article-1704403/How-to-keep-debt-collectors-off-your-back.html#ixzz3vQCdxBpC

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Very helpful information. Thank you Old Cogger!

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e that you are aware of the fact that debt collection agencies are not allowed to do the following ten things:

 

They cannot call you over and over repeatedly. Debt collection agencies are not allowed to keep calling and having your phone ring over and over until you pick up.

They cannot call you at odd hours. It is legal for debt collection agencies to call you between 8 am and 9 pm (your local time) Monday through Saturday and between 1 pm and 5 pm (your local time) on Sundays. ]

 

NOTE:_ They aren’t allowed to call outside of those hours and they aren’t allowed to call you on official holidays. So if you get a call from a debt collection agency at midnight on Christmas then you have the right to force them to not do that anymore.

 

They cannot threaten you. Debt collection agencies are not allowed to make threats. They can’t say that they’ll sue you when they don’t intend to do so. They cannot threaten to tell your employer or your friends or anyone else about your debt problems.

They cannot speak to you using abusive language.

 

If you are ever on the phone with a debt collection agency and they begin to swear at you, call your names or otherwise speak to you abusively then you should hang up. You should immediately put in writing what happened and send it to the management of the agency.

They cannot talk to other people about your debt. Debt collection age

 

If it was me I send a complaint to the FCA/ etc etc etc giving date /time/ and their company name. also their organisation of debt collectors etc should be told, and your MP if they are of any worth should step in.

 

 

Frt info:-

 

Debt collection is big business. A staggering 20m cases, worth a total of £12.7bn, were passed to debt collectors last year alone.

worried women looking at statement

Anxious times: Complaints have streamed in from distressed victims of debt collectors

Debt collectors typically earn between 10% and 50% of the money collected.

 

But complaints from distressed victims of these firms have soared. Watchdog the Office of fair Trading (OFT) was swamped with 11,180 complaints last year, compared with 8,961 the previous year. And consumer groups claim this is just the tip of the iceberg.

Marc Gander, from the Consumer action Group, says: 'The situation is completely out of control. Thousands of people are finding themselves chased by a succession of debt collection agencies for money they never owed in the first place.'

 

Despite the OFT having new powers to shut down rogue debt collectors, firms are continuing to chase people who've never missed a payment in their lives. And there are worrying reports of harassment by firms which are flouting industry rules.

Household names, including utility firms and mobile phone providers, are often at the root of the problem, selling on questionable debts and leaving their customers at the mercy of these debt collection firms.

 

Money Mail, the OFT and the charity Citizens advice have uncovered shocking evidence of:

• Consumers being threatened with legal action and bailiffs for bogus debts;

• Exasperated consumers being forced to fight these bogus debts for years;

• Household-name companies that initiated the debt failing to intervene and leaving customers at the mercy of collection firms;

• Bungling firms failing to investigate disputed debts before selling the debt to a collection firm;

• Credit records blighted for years as debt is sold from one collection agency to another;

• Consumers being hounded at all times of the day and night;

• Rogue debt collectors hassling neighbours to chase debts.

 

How the debt collection agencies work

Some collection agencies are departments or subsidiaries of the company that owns the original debt. They typically get involved earlier in the debt collection process and, in theory, have a greater incentive to maintain a good relationship with the customer.

 

But in many cases, the debt is sold to a third-party firm — which has no such incentive. Typically, they will get paid only if they collect the money, so are effectively incentivised to chase you until you pay up — whether it is a genuine debt or not.

Often, debt will be bought and sold in bundles. The cheaper the package, the less information about the debtor is available and the more work is needed to track down the right person — and the more likely they are to get the wrong one. This debt is often sold on again if the debt collector isn't successful.

Mr Gander says: 'It's like Chinese whispers. Bogus debt is sold on to a debt collection agency which will have some paperwork, but with no direct knowledge of the customer. It becomes increasingly difficult for the customer to challenge these debts.'

 

Worryingly, Mr Gander claims in some cases when debt is sold on, the collection firm might put a fresh mark on that person's credit record. This breaches rules from the Information Commissioner dictating that there can be only one default date for a debt. he says: 'In the worst cases, a black mark on your credit record — which should only last for six years — can be on your record for much longer, even if you didn't owe the money in the first place.'

What is being done?

 

Though there are plenty of guidelines which are supposed to protect consumers, critics say they are woolly and not rigorously enforced. Debt collection firms are regulated under the Consumer Credit act and must hold a Consumer Credit licence.

These licences are issued by the OFT, which is also responsible for policing the industry.

Under the guidelines, for example, debt collection firms are not allowed to pursue the debt if it is disputed. They not allowed to contact you at unreasonable times or hassle you constantly. Neither should they make threatening statements, pressurise you into paying in full or in unreasonably large instalments, or to sell property or borrow more money to pay off the debt. Firms must also investigate a debt properly when it is disputed.

 

Crucially, the OFT has no powers to investigate individual complaints and will intervene only if it receives many complaints about the same firm.

The charity Citizens Advice says some debt collectors are clearly breaching regulatory guidelines and industry codes of conduct. a spokesman explains: 'We see cases amounting to harassment, where people get phone calls several times a day from creditors and debt collection companies acting on behalf of creditors, sometimes in the early hours or late at night and sometimes at work.

'We also see cases where firms contact neighbours and relatives to try to trace debtors. Besides being in breach of OFT guidelines, this sort of harassment can cause immense additional stress and anxiety to people already overwhelmed by debt problems.'

 

Experts say tougher debt collection guidance introduced by the OFT in 2006 has made little headway in cracking down on the cowboys, and that many firms are simply ignoring them.

 

Since then, the OFT has been able to strip debt collection firms of their licence to trade. But it has used its new powers sparingly, taking action against just 20 firms since April 2008.

There are an estimated 350 debt collectors operating in Britain and critics argue the OFT needs to get tougher. Mr Gander says: 'The guidelines covering debt collectors are woolly and are failing to protect consumers. The OFT is failing to rigorously enforce these rules by using its new beefed-up powers. No one is scared of them.'

Joanna Parsley, from Credit action, says: 'The OFT really needs to take more licences away from these firms to send out a strong message.'

Kevin Brennan, shadow Consumer minister, says: 'It's outrageous that people are finding themselves pursued for debts they don't owe.

'There should be a greater onus on the big companies that hire these debt collectors. They can't be allowed to wash their hands of responsibility to their customers when they sell on a debt.'

 

Peter Wallwork, chief executive of the Credit Services Association — the trade body for debt collectors — says: 'Considering how big this industry is, we receive relatively few complaints.

 

'No one wants to be in debt and I think that's one of the reasons why we get a bad press. If anyone is being harassed by one of our members, please call us on 0191 286 5656.'

 

 

Read more: http://www.thisismoney.co.uk/money/cardsloans/article-1704403/How-to-keep-debt-collectors-off-your-back.html#ixzz3vQCdxBpC

Follow us: @MailOnline on Twitter | DailyMail on Facebook

 

 

 

That article is from 2010, and not helpful to the OP.

 

The OFT is no more, and its Debt Collection Guidance no longer applies.

 

The FCA is now in charge of licencing the debt industry, and publishes its rules in its CONC Handbook, which you can find in full in the CAG library.

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They called on Christmas Day? Are you sure? Getting staff to work on a bank holiday when they are legally entitled to a day off is to say the least, surprising.

 

 

I would have phoned them back and had a chat regarding the legality of forcing the staff to work. Like something out of the Victorian era! Maybe they run a workhouse?

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