Fireman 1963 baliffs demand fees whilst parent out from the kids help please

[MARTIN3030]

Ok Fireman heres your thread give us a bit of info please

[MARTIN3030]

Where is he........??????????????????????

[MARTIN3030]

Should be enough to start with.

They have broken a few rules here.What is the firms name ? Did they leave a breakdown of the charges ?

This is also something they are required to do,and something that should be requested as a right.

It may be that the regulatory authorities will only become involved after you have complained to the Firm itself and got no joy,I would imagine this has to be in your first list of contacts to allow them the chance to redress their actions.Although I agree the Police should be notified ASAP.

Another example of blatantly abusing their positions.

Have a look at the top of the thread for guidelines which they are required to follow.....you may see more things there which will assist you.

Give me the name of the Baliffs and I will get you the name of their association/regulatory body this needs to be put in front of their noses.

[MARTIN3030]

Drakes are no strangers to CAG and there are a couple of well documented examples of how they have behaved in the past.

 

Drakes are affiliate members of the C.C.A who are a regulatory body (albeit self regulatory ) of debt collection agencies.

Amongst their codes which is not an exhaustive list are these;

 

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.

5. Confidentiality

 

 

their mission statements on complaints makes interesting reading and from this one should conclude that they take their members actions on this quite seriously;

 

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

 

 

So we have firstly some guidance on collection,some guidance on complaints.You will notice that it is specified quite clearly that the member should direct the complainant to the CCA should they not be satisfied with the response/handling of the complaint

Nothing wrong with that it is clear enough................

 

So there you have it.

The first steps as my earlier posts stated was complaints to the dcas themselves.You must do this.

You should make Drakes aware that if they cannot deal satisfactorily with your complaint,then you will be contacting the CCA of which they are an affiliate.

Ask them for the address for this..........but just in case they wont give you that .....here it is;

 

Postal Address & Registered Office

Credit Services Association

Wingrove House

Ponteland Road

Newcastle upon Tyne

NE5 3DP

Telephone:00 44 (0)191 286 5656Fax:00 44 (0)191 286 0900

Mr.Keith Maynard boss of Cabot is also at the helm of the debt buyers and sellers association

as well as being on the council of the CCA in a recent statement he had this to say;

The growth in the use of web sites

for disgruntled debtors to exchange

information, often not accurate in its

content

 

No such inaccuracies in this post though as the contents are from the CCA itself.

[MARTIN3030]

Fireman Sam can you please confirm that this is Drakes and their location ?

Thanks

 

 

Please go and have a look at post 19 in this thread.

I would also question as to whether a SAR is needed to obtain a list of charges for the baliffs services and applied in your case.

There is a legal requirement for them to provide this anyway,as there is also a table of fees that are chargeable for different actions.

They should be your first point of call,since you will need to give them a chance as prev stated to supply this before taking action to force them to do so.

[MARTIN3030]

A S.A.R - (Subject Access Request) to Drakes gives them 40 days.

If you were requiring additional information to support action then it may have proved worthwhile.

However since you already have enough supporting information that does not rely on Data Protection Act issues then all you need from them in the way of paperwork is the list of charges that should clearly reconcile to the actions they took.

I am sure this will be,or certainly should be available in far less than 40 days.

I have a feeling that it will be addressed more speedily than you may have first thought.

Keep us updated:)