Geoffrey Parker Bourne are unlicensed

[miniconverter]

Not really sure if I am posting this in the best place but am sure somebody out there can put it in the right place if not

 

Now I have been having a bit of grief lately from a firm called GPB ring me up but won't put anything in writing so I tell them politely what to do.

 

Anyway noticed somewhere that DCAs arent allowed to use 08700 numbers as it is considered unfair practise by the oft, so i sent oft an email complaining about the number and the fact that they keep ringing. I have now had the following reply from oft

 

 

Your ref Direct line (020) 7211 8413

Our ref E/Complaint/33326 Fax (020) 7211 8777

Date 5 December 2006

Dear Mr miniconverter (that's not my real name just changed it)

CONSUMER CREDIT ACT 1974

COMPLAINT ABOUT: Geoffrey Parker Bourne

LICENCE NO: UNLICENSED

Thank you for your email received on 22 November 2006 regarding the problems you have been experiencing with Geoffrey Parker Bourne. I apologise for the delayed response.

Under the Consumer Credit Act 1974 (“the Act”), if a business wishes to be involved in activities relating to consumer credit or hire, including debt collection, they must have a consumer credit licence. The Office of Fair Trading (the OFT) has duty to enforce the Act, including a duty to monitor the fitness of all traders that hold a consumer credit licence.

Upon checking the information provided in your email, it appears that this trader does not hold a consumer credit licence. The OFT is therefore unable to consider your complaint for further action under the Consumer Credit Act.

I have however forwarded your complaint to the home authority trading standards department where Geoffrey Parker Bourne is based and they will consider investigating the matter of unlicensed trading in their area.

You may wish to contact your own local authority trading standards service for individual redress and advice.

Yours sincerely

Digna Castaneda

P.PAndy Lowther

 

Consumer Credit Fitness Investigations Group Markets and Projects

 

Don't really know if this is any use to anybody but thought I would share the info just the same and if anybody has any ideas how I could us it to stick the boot in a bit more let me know as they are 2 faced ****.

 

[bidstermeister]

Interesting... I had them send mea letter (although I believe it was actually churned out from the inkjet of Intrum Justicia) regarding an outstanding eBay account... BUT... Are they licenced solicitors, and regulated accordingly ?

[NailPost]

The way the OFT describes them as traders suggests their view could be wrong. GPB may be unlicensed as debt collectors but most solicitors offer debt collection as a service and it may well be they are covered under the Law Society registration.

 

On the other hand if they are simply allowing a debt collector to use their letter head as a flag of convenience then a report/complaint to the Law Society may be in order.

 

If they are calling you and then refusing to correspond with you in writing then that alone merits a complaint to the Office of Supervising Solicitors. I would put money that this is the debt collector masquerading as GPB and their partners know nothing of this - but ignorance is no defence in law.

[debt_mountain]

I have had GPB chase me on behalf of Intrum Justicia as IJ have not proven the debt exists and have now instructed a "solicitor".

 

I sent the GPB letter along with a letter of complaint to the Law Society as they were not willing to talk to me.

 

It was sent early last week but have heard nothing. I will call the Law society in the next couple of days and also ask about CCA licence and solicitors.

[miniconverter]

I have just spoken to a very helpful lady at consumer direct got the number of the Internet. Explained what had happened and the reply I got from oft. She says she believes it is a criminal offence to operate without a consumer credit license if you are collecting debt on behalf of somebody else.

 

Told me they will definitely investigate my alligation and get back to me within three working days.

 

Also asked her if the original creditor was responsible for the actions of a third party when collecting debts but she was unsure about this but did say she would find out and let me know

[Seminole]

It is one of the scandals of the debt collecting industry that solicitors allow their headed paper to be used by debt collectors for the purpose of scaring debtors. These letters stand out a mile because they invariably instruct the debtor to contact the dca rather than themselves.

 

One would have thought that the solicitor would insist on being assure that the information contained in any letter sent out on their behalf was prepared to the same professional standard as any letter that they send out directly. There is plenty of evidence, however, to suggest that this is not the case.

 

The Law Society has a lot to answer for in this. I am convinced that the regulators of the chartered accountancy sector would stamp down on a similar practice but solicitors seem to be allowed to get away with it. From another site I know that a solicitor has complained to the Law Society about this but they have not dealt with the issue. Counter-productive really as it devalues the credibility of solicitors generally.

[iwannabedebtfree]

miniconverter

 

as far as i am aware if a third party is chasing up a debt on behalf of someone else, the original creditor is still liable for the third parties actions unless the debt has been sold. I recently had issues with NCO so wrote to Orange:

 

As the contract I had with Orange was covered under the Consumer Credit Act, and NCO are chasing up the debt on behalf of Orange, I am writing to you to make you aware of NCO’s unethical practices. I have attached a letter that I have recently sent to NCO.

Orange will be aware that they are responsible for the actions of the debt collection agency working on their behalf to recover the debt. This is covered in the Office of Fair Trading’s Debt Collection Guidance, and as you are responsible for this company’s actions I am making you aware that if they do not stop harassing me, not only will I be reporting them to the OFT, but I will also be reporting Orange for their failure in managing the debt collection agency.

Having spoken to my legal adviser I am considering action under the Protection from Harassment act. However, action will also be taken against Orange in their failure to manage the debt collection agency, and have overall liability in the harassment I have received.

Unless Orange has sold the debt, which if this has happened, you have failed to write to me advising me of this, Orange is liable for this agency’s actions, therefore, I must advise that I will be taking action against Orange under section 40 of the Administration of Justice Act 1970 for NCO’s behaviour in recovering this debt.

 

amazingly enough i sent a gruff letter to NCO which seems to have done the trick as they have left me alone, wont ring me up talking rubbish, and accept my monthly payments via cheque so i dont have to deal with anyone on the telephone. Forgive me if i am wrong with the legislation used, but it did the trick.

[sarahpp]

Also asked her if the original creditor was responsible for the actions of a third party when collecting debts but she was unsure about this but did say she would find out and let me know

 

What the OFT guidelines state is that the creditor remains responsible for the actions of any third parties employed by them to collect debts. It is always worth making a complaint about the DCA directly to the originating creditor first as the OFT would expect them to investigate legitimate complaints about DCAs. If they don't, the OFT should take this into account during any investigation.

[questioner]

Yes GPB solicitors are the pits and frequently used by creatures like Iqor.

 

Both of these charlies are risking their licences - so keep banging in the complaints

 

[victoria_siempre]

What the OFT guidelines state is that the creditor remains responsible for the actions of any third parties employed by them to collect debts. It is always worth making a complaint about the DCA directly to the originating creditor first as the OFT would expect them to investigate legitimate complaints about DCAs. If they don't, the OFT should take this into account during any investigation.

 

Good advice from sara.

 

I have had some success in holding OCs to account for their 'agents' actions; it helps stop the nonsense of passing the parcel to different DCAs.

 

x

 

vic

[sillygirl1]

These 'solicitors for rent' as I like to call them should be banned completely from chasing consumer debt, or if they only 'specialise' in consumer debt then they should hold an individual licence rather than rely on the company they chase being licenced.

 

They are not 'trained negotiatiors' or 'field collection agents' and therefore are acting as a paid third party. Thanks to CAG though their 'party' days are becoming less and less active.

[just_jue]

Yea I've been having trouble with these clowns. I found out they obtained a CCJ against me through an old address, then conveniently wrote to me afterwards at my new address asking for money. Successfully got the CCJ set aside and it is going through again, but now the original amount is statute barred so don't know what will happen then.

 

JJ

[sillygirl1]

If the original amount is statute barred that is your defence, you need to let the court know that in your defence, this should be a separate thread so we can help.

[just_jue]

Thats the problem, when they obtained the CCJ the amount wasn't statute barred, but since I got the CCJ set aside the amount is now Statute barred.

I have asked for advice via another thread but no one seems to know for certain if the SB clack has been reset due to the court action.

 

Thanks

 

JJ

[citizenB]

I like it when they send the most dire of warnings and then claim

 

"We are instructed not to enter into communications with you at this time"..

 

erm isnt that the reason for using them in the first place lol

[sillygirl1]

Its the same as "Your behaviour has been unacceptable;" and the all time classic "Valid even if not read by you...."

 

Not worth the paper it is written on.

[MARTIN3030]

The Law Society have a CC Licence which covers practicing members.

But it does not specify debt collection-only credit brokerage.

 

Licence Number:0588216

Licence Status:Current

 

Current Applicant / Licensee:

 

Business NameCompany Registration Number The Law Society

 

Categories:

 

Credit brokerage

 

Right To Canvass Off Trade Premises:No

 

 

Issued Date: 20-Aug-2006

Expiry Date: 19-Aug-2011

 

 

Legal Formation:

 

Charity / Trade Union / Other

[MARTIN3030]

From CAB;

 

Complaining about a solicitor acting for a creditor

 

If a solicitor is harassing you on behalf of a creditor, this is considered to be professional misconduct. To make a complaint, you will first need to use the firm's internal complaints procedure. If this does not resolve the problem, you can complain to one of the following professional associations:

In England or Wales, you can complain to the Legal Ombudsman. Go to www.legalombudsman.org.uk.

In Scotland, you can complain to the Scottish Legal Complaints Commission (SLCC). Go to: www.scottishlegalcomplaints.com.

In Northern Ireland, you can complain to the Law Society. Go to: www.lawsoc-ni.org.