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    • So, the two child benefit cap is going to (rightly or wrongly) be a big issue, with the care of kids undoubtedly taking second place to political point scoring  ... Some think that parents should be responsible for kids, and the state pay as little as possible else the parents will just use having kids (which they then neglect) as a means of income for them to spend on fags and booze. Some think that benefits should be effectively there for anyone whatever the circumstances.   So what do people think might be some sort of solution?   I think that both those stances are extremes,  and you can be sure of just a few things 1. Neither or any approach fits all affected. There are some who will abuse the system, just as there are some left in genuine desperate need. 2. None of its the kids fault, and how they are treated will have a large impact on our nations future.   So, despite the claims of 'it means only rich people can have kids' which is rubbish, I think the cap should stay. ... BUT that free school meals should be introduced for all state school kids:   Which would * ensure our nations children kids get fed at least one meal a day with the funds intended for that * be a significant incentive to go to school for the poorer kids at least - keeping many off the streets and away from bad company * almost certainly reduce problems and increase productivity in the classroom from irritable hungry kids (per stats)   Not a perfect solution by any means - but seems a positive move to me.    
    • and more positive change From next year, mobile phone, paid television and broadband companies must inform customers of any price rises at the point of sale. The changes, ordered by Ofcom, will come into force on 17 January and mean that any mid-contract price rises must be given “in pounds and pence” and in a “clear and comprehensible” way.   Taken a change of government to do it after years of bluster about it eh?   Mobile phone companies banned from hiking prices mid-contract based on inflation WWW.INDEPENDENT.CO.UK The new year plan ensures providers are transparent on prices at the point of sale  
    • Could he/ his partner set up a new internet bank account?  In his name ? It depends which country, I imagine. Most UK banks want proof of address and ID, probably more. If your friend/partner can use the house address and provide bills that could help. You would need to look at various online banks and see what their requirements are. Or there are expat accounts but I haven't looked closely at how they work. Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage) I'd have thought the DWP would pay to a new account, as long as the person they're authorised to deal with asks them and provides details. The international pensions people in Newcastle are pretty helpful.
    • HB - he has certainly given me a challenge ! I set a plan in motion. A refinance plan that would have enabled me to take time to sell one asset and sort out another for him.   The bank account blockage has hindered the plan.  His partner seems to think I can do everything w/o paying anyone for anything.  I don't mind helping - but it's not normal to clear out 2 properties, organize storage or sale of possessions, get properties ready for sale/ rent - w/o being paid.  He has the money to pay for things and services - and for my help - but the blockage prevents that. If the refinance plan could still be actioned then at least I would have some time to sell one asset.  Could he/ his partner set up a new internet bank account?  In his name ? Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage)
    • Unrest has claimed the lives of 32 people, after a policy on government jobs sparked mass protests.View the full article
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Examples of codes of conduct


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There are numerous regulatory bodies representing dcas and baliffs.Each have codes of conduct.Although they are self regulatory for the most part much of the codes are actually enforceable in law.I have contacted three such associations and asked if complaints are dealt with seriously and concisely if reported by a member of the public who had been at the wrong end of unlawful tactics.

Each pledged that complaints would be thoroughly investigated,providing that the complainant had taken the matter up with the dca/Baliff and still remained unhappy.

 

Each member shall comply with this Code and any other Guidance issued by the Association from time to time.

1. All Transactions

Each member shall act responsibly and with integrity in the day-to-day conduct of its business.

For example:

I. Provide adequate training for members of its staff, bringing to their attention the principles of this Code and requiring them to carry out their duties in accordance with it. Also, ensure continuous and appropriate training of staff in respect of current legislation and best practice.

II. Follow where appropriate any requests conveyed to members by the Board of the Association or the enforcement authorities.

III. Follow where appropriate any guidance notes issued by the Board of the Association.

2. General Conduct

a) Use plain English in all communications.

b) Show on all letters, postcards and forms the full business address, telephone number (and email address, where used).

c) In all contacts by staff or agents, ensure that the member’s identity is clearly disclosed.

d) Ensure by continuously examining debt collection procedures, and those of any third parties employed, that they conform to the highest ethical standards.

e) All members have a duty to ensure that their agents, sub-contractors and subsidiaries comply with the Association’s Code and Guidelines.

f) Comply with all reasonable requests by debtors, clients or their appointed representatives for information concerning their agreements and accounts.

g) All members shall ensure the Association’s Code is available on their own website where they have one. They shall further ensure that a copy of the Code is supplied promptly to any debtor on request.

3. Legislation & Guidelines

a) Each member shall conduct its business lawfully, comply with all relevant UK legislation, regulation and judicial decisions and trade fairly and responsibly.

b) Each member shall also comply with Debt Collection Guidance as published by the Office of Fair Trading from time to time.

The following list of guidelines is intended as an indication of the procedures to be adopted by members. It is not intended as an exhaustive directive to members.

Moreover, the effectiveness of collection techniques and procedures depends on the circumstances applying at the time collection is attempted and so cannot be regulated in an absolute manner.

Nevertheless, the Association expects compliance with the guidelines and any member not so complying will have to give a justifiable reason for non-compliance in the event of a complaint being received by the Association.

In attempting to carry out collection in default of payment, members of the Association should:

a) Not use oppressive or intrusive collection procedures.

b) Not bring unreasonable pressure to bear on the debtor in default of payment.

c) Not act in a manner in public intended to embarrass the debtor.

d) Be circumspect and discreet when attempting to contact the debtor by telephone, SMS, email or by personal visit, with due regard to the Data Protection Act and OFT Guidance.

e) Ensure that all attempted contacts with debtors are made at reasonable times and at reasonable intervals.

f) Unless instructed otherwise, accept all reasonable offers by debtors to pay by instalments, provided acceptable evidence of non-ability to pay is given.

g) Not use improper* means to obtain the telephone number and address of a debtor and treat all information supplied as private and confidential unless specific authorisation has been given by the debtor to disclose information to third parties. (*Improper in this connection would refer to actions in breach of relevant legislation or in breach of the Association’s code.)

h) In respect of 4g above, have specific regard to Section 55 of the Data Protection Act 1998.

i) Not pressurise debtors to sell property or to raise funds by further borrowing.

j) Not falsely imply by written or verbal means that criminal proceedings will be brought, nor that civil action has or will be instituted where members are unable to do so due to legal restrictions (e.g. bankruptcy under £750, statute barred). Nor falsely imply that a judgment or decree/document of debt (Scotland) has been obtained against the debtor.

k) Ensure that collectors who use pseudonyms can be identified within the members organisation.

l) Take all possible steps to verify that the person being pursued, is in fact, the debtor.

m) Have due regard and deal sensitively with individuals where evidence has been given, or is apparent, that the individual is incapacitated by mental or physical disability.

n) When dealing with fee charging debt advisory services, follow the Office of Fair Trading Guidelines on debt management.

o) Offer maximum co-operation with the debtor’s nominated or chosen Third Party.

p) Encourage debtors in financial difficulties to inform members of their difficulties and then respond sympathetically and positively on the evidence provided.

q) Take into consideration before determining whether to enforce repayment, all information supplied in relation to the reason for non payment, which may include The Common Financial Statement, or the debtor’s future ability to repay. If the debtor has disclosed multiple debt problems, inform them of the availability of advisory services. Where available, provide in all relevant correspondence the name or designation of a specially trained member of staff who may be contacted regarding financial difficulties.

r) Where a debt or the sum owed is disputed, as soon as is practicable, supply information to the debtor in support of the claim. Where no information has been supplied by the creditor, obtain the required support, or failing that cease collection action.

Members must keep in strict confidence any information supplied by the debtors or their chosen third party, except where disclosure is authorised by the debtor or others permitted or required by law.

6. Conduct Regarding Clients

Each member shall:

a) Ensure fairness and transparency of contracts made with clients.

b) Inform their clients of the true rates of charges for services rendered.

c) Safeguard the security of collected monies.

d) Account and remit to their clients at least once a month, or as otherwise agreed, all monies collected.

e) Ensure that by prior arrangement clients are able to visit their premises for the purpose of auditing and checking their accounts.

f) Conduct its business under a name, title or style which will not confuse or mislead clients, creditors, debtors or members of the public, or which will not imply any association with other organisations or persons, which do not exist.

g) Not approach, induce or persuade staff in the employment of a client to join the Member’s organisation, although nothing in this clause will prohibit the engagement by a member of such an employee where a bona fide application is made.

7. Complaints

a) Each member shall have in place adequate processes to deal with debtors or client complaints, this must contain the following minimum procedure:

I. The Management level at which complaints are handled.

II. The time frame in which complaints are handled.

III. The remedy, if the complainant is not satisfied.

IV. Complainants must be advised that one of the remedies is referral of the complaint to the Association where appropriate.

b) Members shall deal with complaints speedily, responsively, in a user friendly fashion and at an appropriate management level.

c) Member’s complaints procedures must be made available to the complainant or his/her advisor on request.

d) If a complaint is made to the Association in relation to dealings with a member of the Association, the Association will deal with the complaint in accordance with the published complaints procedure.

8. The Association

a) Each member shall provide the Board, on request, references and proof of financial solvency.

I. Members who are not required to file annual returns or accounts must provide the Association annually with a Certificate of Solvency based on their last available audited accounts and signed by their Auditor.

II. Notwithstanding the above, each member shall have their accounts audited by a firm of qualified accountants.

b) The Association shall monitor the compliance of members with the Code and shall each year publish a report of the number and types of complaints received.

c) Any instance of non-compliance shall be drawn to the attention of the member concerned. In the event of continued noncompliance or of a serious breach, the Disciplinary Committee will take such action as it deems appropriate, including a warning or recommendation of expulsion of the member concerned from membership. In the event of expulsion the Association will send a report to the Office of Fair Trading.

d) Membership of the Association entitles the member to display an approved trade association symbol thereby indicating their adherence to this Code of Practice.

e) Each member must inform the Association of all trading names in use.

f) Each member must notify the Association of any matters, which might adversely affect the reputation of the industry or of the Association.

  • Haha 1

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Xiona some dcas are registered with one or other some with all of them and some with none ! so let me know if you need help with your individual complaint so I can give you the info.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 4 years later...
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  • 2 months later...

re post #4, Lending Code to be updated wef 1/5/12 as follows

'New provisions have been agreed that increase the level of protection offered to customers under the Lending Code where their debt is sold or transferred to a 3rd party for collection. Where a debt is sold, subscribers need to satisfy themselves that appropriate arrangements are in place to ensure that the debt purchaser will continue to deal with customers in a manner consistent with the requirements in the Code for the treatment of customers in financial difficulties.' lendingstandardsboard

http://www.lendingstandardsboard.org.uk/docs/Public%20Site%20-%20Debt%20collection%20and%20debt%20sale%20.pdf

 

 

also, for info

'In November 2011 the LSB completed a review of the way Lending Code Subscribers deal with customers who are in financial difficulties.'

http://www.lendingstandardsboard.org.uk/docs/Handling%20of%20Customers%20in%20Financial%20Difficulties%20-%20Dec%202011%20-%20Final.pdf

Edited by Ford
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Yes thanks needs updating

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 months later...
  • 1 month later...

Thanks Ford.

If you get a few minutes maybe you could put the relevant stuff together and can make it a stickie.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 4 weeks later...
Thanks Ford.

If you get a few minutes maybe you could put the relevant stuff together and can make it a stickie.

 

what did you have in mind? list of codes? or an all encompassing list? or?

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Well this thread was started in 2007 and therefore I think would be an idea to do a new one which covers the relevant stuff for today.

The format /layout is not so important just that its reader friendly.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Codes Of Practice

 

The Bankers and DCA's subscribe to their own Codes of Practice which they should follow. One reason they have these is to avoid further regulation. So, it seems in their best interests to adhere to them. But, they often don't, and the more they don't the more chance there is of regulation, which is something they don't want. Therefore, the Codes could and should be used to your advantage.

When dealing with a creditor always have in mind the appropriate codes of practice, and be prepared to use/cite them if required. If they don't follow their codes then consider complaining officially, to them and the authorities. As has been pointed out elsewhere, if they don't adhere they could be in trouble. If the authorities don't know about it, they can't do anything about it. (Not that what they would do would be of any use :) but it all adds up.)

 

Anyway, here are some Codes (the OFT 'guides' etc are posted elsewhere on site but should also be taken into account)

 

the Bankers Lending Code (which extends to where a debt is sold or transferred to a 3rd party for collection) http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

 

the Credit Services Association Code (which most DCA's and now some solicitors subscribe to. and which needs updating) http://www.csa-uk.com/media/editor/file/CoP%20New.pdf

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  • 5 weeks later...
Well this thread was started in 2007 and therefore I think would be an idea to do a new one which covers the relevant stuff for today.

The format /layout is not so important just that its reader friendly.

 

haven't got round to finishing one, started as above. will try and do so some time. :) or if you want to finish it off?

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Its ok can wait a bit....I have barely got time to look at my watch to see what time it actually is !

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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