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Consumer Credit Act 2006 - Financial Ombudsman can deal with Debt Collector Disputes


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Do you all know that you can now lodge a complaint/dispute about debt collectors with the Financial Ombudsman?

 

 

Taken from their site at:-

FAQs - consumer credit complaints

 

From 6 April 2007 all businesses with a standard consumer-credit licence (issued by the Office of Fair Trading) must – by law – have in place formal complaints-handling procedures that comply with the rules. And for the first time, these businesses will also be covered, on a statutory basis, by the Financial Ombudsman Service. These changes come about as a result of new legislation – the Consumer Credit Act 2006.

The businesses affected by the new rules include:

  • businesses whose main activity is lending and hiring
  • businesses licenced for ancillary consumer-credit activities, such as debt collecting and credit brokerage and

I read it costs the company concerned £200 - £400 for each case that goes to the Ombudsman. :-P

 

If lots of people start sending their cases there then they should be whipped into shape!

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  • 1 year later...

mmm. interesting. Can one just go straight to the ombudsman ?. I have some recordings, I'd love to go 'straight to the top' and ask the question: Please confirm this conversation complies with OFT/CPUTR guidelines.

 

These recordings have been indepentantly verified as 'being off the scale' regarding the guidelines.

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You have to have your complaint dealt with by the relevant organisation and have a final decision from them before going to the FOS. However, if the company concerned will not respond and you cannot get a reply from them then you can go to the FOS.

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If it gets to the stage where the company you are complaining to/about and they give a final response and you still aren't happy then if you can't prosecute them for something they have done wrong (for harrassment for example) then go straight to the FOS !!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Good luck! my experience was a complete waste of time, it took 8 months to get my case even looked at and then I was just told that they had accepted that the DCA was sorry and had taken £1,000 off the debt and that was more than they would have awarded me. They also suggested I take the DCA to court if I wanted to take it further this was after a year and a half of escalating to the actual ombudsman (final Descision)

The thing is they did not see any proof of this they just took their word for it. 6 months later and I still have not got that £1,000 off the debt.

 

I don't want to put you off, just letting you know of my experience with them, which got me nowhere

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thanks for the advice. I will give serious consideration to my next move. My current line of thinking is that this stuff is a rich vein for investigative journalism (TV and the press) in particular, how it must prey on the vulnerable.

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