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OFT debt collection guidance

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Seems to be a very useful publication

 

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

 

feel free to comment

 

 

******note : the Financial Conduct Authority replaced the OFT in April 2014 - Link to FCA guidance.

 

http://www.fca.org.uk/

Edited by citizenB
restored to original before unsticking

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Thanks for putting this on the site its a very intersting read.


Nationwide Won - £2000 :D

Barclay Card - Hearing Date 14/08/07 :???:

Capital One - N1 Filed ;)

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Couple of points, 2.2 H premium rate telephone numbers, I thought they all used them, do they have to supply 0800 now?

2.10 D applying unreasonable charges, does that cover the £20 admin charge for taking on the debt or 10%? can we refuse to pay this?

2.14 limitation period, how long out of curiosty is this?


LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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yes thank you very much i wasn't aware of a statute of limitations.i have been able to download a sample letter to use.i will be using this to further pee off the pond **** known as robinson way.

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Having read the OFT guide, am I correct in the following statements:

 

1. DCA's can only collect if there is contractural basis - deed of assignment.

2. DCA's can only add charges or interest if there is contractural basis as point 1.

 

Correct?

 

1970.


It's going to be an interesting year...

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This is a good link too...hope you dont mind me adding on!!

 

Law relating to debts: statute-barred debts

 

Your Rights against Creditors from Debt Questions

 

I have found these sites have been very useful


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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Having read the OFT guide, am I correct in the following statements:

 

1. DCA's can only collect if there is contractural basis - deed of assignment.

2. DCA's can only add charges or interest if there is contractural basis as point 1.

 

Correct?

 

1970.

 

1. if the debt has been bought by the dca then i would agree, yes. some dcas work on behalf of a creditor, some are actually inhouse (metropolitan and mercers for example)

 

2. i would agree!

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1. if the debt has been bought by the dca then i would agree, yes. some dcas work on behalf of a creditor, some are actually inhouse (metropolitan and mercers for example)

 

2. i would agree!

sequenci

 

if the dca have had the debt passed to them, (not inhouse) are you saying they can not add on charges ie: in my case increase of £20, queried, and told it was admin? do I need to ascertain if there is a deed of assignment


LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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sequenci

 

if the dca have had the debt passed to them, (not inhouse) are you saying they can not add on charges ie: in my case increase of £20, queried, and told it was admin? do I need to ascertain if there is a deed of assignment

 

it's the same principles as the bank charges argument. you could probably challenge it on the grounds that either

 

a) it's disproportionate

b) there was no provision for it within the original contract

 

:)

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Just a quick point with regards to notice of assignments from DCA's.

If the notice includes an amount demanded that is incorrect it renders the notice legally invalid (e.g. unlawful charges or DCA admin/collection charges).

Even if the amount doesn't include charges but is misstated it is still invalid.

If the date is incorrect it is legally invalid (i.e. does not tie in with the deed of assignment - the execution of assignment should be the same as the date shown on the notice).

The case that supports this is W.F.Harrison & Co Ltd v Burke [1956] 1 WLR 419

 

P.S Thanks go to Laiste for pointing this out.

  • Haha 2

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks for that rory32,

I will not avoid the original debt, what I object to is effectivly paying someone to haress me, (admin charge):mad:.

They are already making money from buying the debts cheap, and the fact that they have to offset against debts not being paid.....well buisness seems to be booming:rolleyes:


LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Hello.

 

I have a debt with Amex, that I am willing to pay in monthly payments, that has been passed to AIS who have informed me that unless I pay the full amount immediately their charges will be high amd that I wll have to pay them a lot more that the original debt, so the sooner I pay the better.

 

I have a thread on this elsewhere in this forum, so I hope its OK me asking this here. Does that mean that they cannot add charges that are disproportionate to their costs, or that they cannot add charges at all?

 

If the former what is 'disproportionate'. Also what legal costs can they charge me, and how do I get to find out what I have signed in any of the original paperwork? Would this be on the CCA, and if so what can I do when they refuse to accept that they have to send a copy to me on request, if indeed they are so obliged?

 

What if they refuse, then produce it themselves in court?

 

Regards,

 

Peter

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"I have a thread on this elsewhere in this forum, so I hope its OK me asking this here. Does that mean that they cannot add charges that are disproportionate to their costs, or that they cannot add charges at all?"

They can not add charges full stop.

 

In answer to your other question - the CCA would show what ou agreed to. If they fail to supply it (or say you can't have it) after 12 working days from receipt of the request they are in default. Once they are in default the debt is unenforceable without them producing a copy of the agreement and so you can withold an payment.

 

Supplying you with a copy of the agreement is your legal right. Whether they feel obliged to do so or not is neither here nor there. If they refused and then produced it in court the case would be thrown out on the isue of discloser.

 

If you give me a link to your thread I'll have a look at it.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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The OFT has changed it's website.

 

Here is the new link to the guidance:

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

cag-end-sig.jpg

  • Haha 1

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

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http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

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Thanks Rory.

 

I have been unwell for a while and am just able to get back to the computer. The thread is finished now. AIC Glasgow accepted my offer of payment after I threatened to report them to the OFT and to take them to court for defaulting on my CCA request after 42 days (actually over 2 months). They agreed to accept my payment offer - great result!

 

Thanks everybody involved in helping me over this! It just proves to me that you all give great advice, and if it is followed properly then you can get a result, irrespective of how aggressive and abusive the DCA is.

 

Cheers.

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Hope you are well pete - glad to here you got the result you wanted :D

 

Rory


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I am sorry to butt in but I am looking for some advice, after reading this thread I thought maybe somebody on here would be able to help. I am being chased by a DCA, I have disputed the debt I CCA them and received a letter from them that since it is a bank overdraft a CCA does not cover this. They have refused to give me any indication of where the total amount has come from..could I SAR them? I really am at a loss at the moment any help will be appreciated.

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Greendykes, hopefully this will help.

 

From the Consumer Credit Act 1974:

 

Facts. The manager of the C Bank agrees orally with D (an individual) to open a current account in D’s name. Nothing is said about overdraft facilities. After maintaining the account in credit for some weeks, D draws a cheque in favour of E for an amount exceeding D’s credit balance by £20. E presents the cheque and the Bank pay it.

Analysis. In drawing the cheque D, by implication, requests the Bank to grant him an overdraft of £20 on its usual terms as to interest and other charges. In deciding to honour the cheque, the Bank by implication accept the offer. This constitutes a regulated small consumer credit agreement for unrestricted-use, fixed-sum credit. It is a debtor-creditor agreement, and falls within section 74(1)(b) if covered by a determination under section 74(3).

 

Facts. F (an individual) has had a current account with the G Bank for many years. Although usually in credit, the account has been allowed by the Bank to become overdrawn from time to time. The maximum such overdraft has been is about £1,000. No explicit agreement has ever been made about overdraft facilities. Now, with a credit balance of £500, F draws a cheque for £1,300

 

Analysis. It might well be held that the agreement with F (express or implied) under which the Bank operate his account includes an implied term giving him the right to overdraft facilities up to say £1,000. If so, the agreement is a regulated consumer credit agreement for unrestricted-use, running-account credit. It is a debtor-creditor agreement, and falls within section 74(1)(b) if covered by a direction under section 74(3). It is also a multiple agreement, part of which (i.e. the part not dealing with the overdraft), as referred to in section 18(1)(a), falls within a category of agreement not mentioned in this Act.

 

Facts. Under an oral agreement made on 10th January, X (an individual) has an overdraft on his current account at the Y bank with a credit limit of £100. On 15th February, when his overdraft stands at £90, X draws a cheque for £25. It is the first time that X has exceeded his credit limit, and on 16th February the bank honours the cheque.

Analysis. The agreement of 10th January is a consumer credit agreement for running-account credit. The agreement of 15th-16th February varies the earlier agreement by adding a term allowing the credit limit to be exceeded merely temporarily. By section 82(2) the later agreement is deemed to revoke the earlier agreement and reproduce the combined effect of the two agreements. By section 82(4), Part V of this Act (except section 56) does not apply to the later agreement. By section 18(5), a term allowing a merely temporary excess over the credit limit is not to be treated as a separate agreement, or as providing fixed-sum credit. The whole of the £115 owed to the bank by X on 16th February is therefore running-account credit.

 

Facts. The G Bank grants H (an individual) an unlimited overdraft, with an increased rate of interest on so much of any debit balance as exceeds £2,000.

Analysis. Although the overdraft purports to be unlimited, the stipulation for increased interest above £2,000 brings the agreement within section 10(3)(b)(ii) and it is a consumer credit agreement.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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So greendykes, once again they are using our lack of knowledge to scare us off.

And once again Rory has come up trumps, because they moved the goal posts and allowed you to go over drawn so they could then charge you, they have shot themselves in the foot:)

 

Karma


LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Brilliant! Thanks you so much Rory I could kiss you!! I love this place. Now I just need to draft a letter to 1st Credit explaining the above and requesting the CCA again. Thank you all:)

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Hi all,

 

I'm in need of some specialist advice.....

 

Child Support Agency are sending a DCA after me for 'arrears' which I don't owe. (The 2 children live with ME!)

 

If I dispute the 'account', can the DCA do anything?

 

The CSA seem to have wide ranging powers, but would a DCA acting on their behalf still be bound by normal regulations?

 

Thanks.

 

D.

(full details of the case are on my own thread...)


Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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The advice you were give was sort of right. They were wrong to say an overdraft isn't covered by a CCA request as most are. However, unfortunately, in your case this is a business overdraft so would not be covered by The Consumer Credit Act as you would not be a consumer in this case, but a business.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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So what act would I be covered under, does it mean that a business account is a lawless account ??

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