Jump to content

 

BankFodder BankFodder


Ford

Proposed Pre Action Protocol for Debt Claims

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1106 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

5.2 If the debtor requests a document or information, the creditor must –

(a) provide the document or information; or

(b) explain why the document or information is unavailable,

within 30 days of receipt of the request.

 

No doubt those more knowledgeable about defending claims will think about how this affects the advice given on CAG. If DCA's are issuing claims without having the CCA on file, then it will interesting what DCA's are going to say in response re (b). If the DCA writes back saying that the CCA is not currently available and will be requested from the OC, then they have satisfied this new rule.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Were they not already obliged to say if they did or didn't have the document and why ?

 

In the early days, was it not also the case that if they couldn't provide this information within a certain time frame then they couldn't proceed with any action?


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

Share this post


Link to post
Share on other sites

I am not sure these rules change good practice that should already be followed, but just look to confirm what should already be happening. The courts can then look at the process followed by DCA's to make sure it complied with these rules. At the moment, i guess that a Judge can't look at the process as such, but simply apply the law.

 

No doubt Andy and other legal bods will consider likely effect of these, with their comments to follow


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

In the 'old' days, debt collection firms relied on consumer lack of knowledge to get either default wins or when a consumer capitulated and made arrangement to pay and the court claim was dropped.

 

Nowadays, when a claim is issued, the creditor has none of the required documentation to fulfil the pre-action protocols. All they have is a name, address, account number and amount outstanding. This would be sent as a document or a CD/DVD as the debt collectors bought thousands of these debts.

 

There was a major argument when the proposal to include the agreement was mooted. As we can see, that has been watered down to all documents that can easily be located. The agreement (where there is a paper one) would be hard to find and if scanned into a computer system and the original disposed of can cause problems as the scanners used in the old days were not up to the job and be able to get a clear scan was almost impossible.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...