'Debt Collection CAN be Harassment' - What the Courts say

rog2

sutton111 wrote: »

I got transferred to consumer direct who will inform my local Trading Standards, so these are different organisations.

No sutton - they are not 'different' organisations - your complaint will be dealt with by Trading Standards.
I have found it easier to complain, in writing, direct to the Trading Standards Office nearest to that of the dca concerned - for example:

DCA - MacKenzie Hall

Trading Standards Office
East Ayrshire County Council
14 London Road
KILMARNOCK

The 'local' TSO is more likely to know the dca concerned and will, in many cases, already have comprehensive files on that dca.

fermi

Link: 1st Credit falls foul of OFT -

The OFT is believed to be looking at several other companies in the debt collection industry.

Bet I could make a few educated guesses as to who.

Link: Aktiv posts £40m loss

Shame..................:rolleyes:

rog2

fermi wrote: »

Bet I could make a few educated guesses as to who.

Link: Aktiv posts £40m loss

Shame..................:rolleyes:

I wonder if Aktiv's 'UK Director of trace and compliance and the Director of people and development', both of whom have resigned in the past week, will receive a 'pension' similar to that of the Ex RBS Chief Executive. :rolleyes:

My heart 'bleeds' for them. :rolleyes:

nova

Hi Everyone,
We had another visit fom moorcroft yesterday wanting to set up an agreement with us for the £100 we owe to virgin. l did ask him for the cca which the chap didnt have. l We do owe this and l suppose asking for the cca was just a delay tactic on our part however the chap was quite reasonable (cant believe l just said that about mc!!) so thought we'd just set something up.However l gave him a postal order which mc sent back to us for the cca that they didnt have and he wasnt sure if he could accept it so he rang his office to find out but instead of doing it in his car he did it in a big loud voice on my drive way:eek: ,l dont know if its allowed or not, or am l making a mountain out of a mole hill? It just felt a little uncomfortable.

WEEGIE

Moorcroft do have some unsavourly practices as can be verified by nova. I had the same problem with them back in November 2008 here is the jist of the conversation

Moorcroft: Hello, just calling to see if we can come to some arrangement regarding your outstanding debt.
Me: Who are you?
Moorcroft: I am from Moorcroft. and I am here to see if we can aome to some arrangement about your debt, sorry but I am new to this.
Me: Debt? what debt, who are you looking for?
Moorcroft: I am looking for(she then hunts through her bag and brings out a sheet of paper) a Mrs ****** ******** (giving my better halfs name)
Me: Well that is not me is it?
Moorcroft: Oh! does she live here?
Me: Are you from Moorcroft?
Moorcroft: Yes.
Me: A letter has been sent to you people telling you that no debt is acknowledged to your company.
Moorcroft:I'll send this back to them.

I was quite taken aback that they sent someone and went about things the wrong way. It was plainly obvious that I was not a female and she should not have discussed anything with me.

Head-Out-Of-Sand

nova wrote: »

Hi Everyone,
We had another visit fom moorcroft yesterday wanting to set up an agreement with us for the £100 we owe to virgin. l did ask him for the cca which the chap didnt have. l We do owe this and l suppose asking for the cca was just a delay tactic on our part however the chap was quite reasonable (cant believe l just said that about mc!!) so thought we'd just set something up.However l gave him a postal order which mc sent back to us for the cca that they didnt have and he wasnt sure if he could accept it so he rang his office to find out but instead of doing it in his car he did it in a big loud voice on my drive way:eek: ,l dont know if its allowed or not, or am l making a mountain out of a mole hill? It just felt a little uncomfortable.

I'm sure there are rules concerning behaving in a way likely to embarrass or humiliate the debtor - sounds like this guy may have just been a bit oblivious rather than deliberately trying to embarrass you, but I can understand you not being too happy about this!!

rog2

nova wrote: »

instead of doing it in his car he did it in a big loud voice on my drive way:eek: ,l dont know if its allowed or not, or am l making a mountain out of a mole hill? It just felt a little uncomfortable.

No it's not 'allowed': http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Read Section 2.6 'Acting in a way that is likely to be publicly embarassing to the debtor'

See also the section relating to 'Home Visits', in particular the clarification note (3): 'Our aim is to ensure that visits are not used in a threatening way.'

You should be aware that, by visiting you, Moorcroft have about as much 'authority' as your milkman or paper-boy. They have NO automatic right of entry to your property. You have absolutely no obligation to discuss the debt with them and they MUST leave immediately when you ask them to.

This guy was so out of order that you should report him to Trading Standards.

Hawkwind_2

dont know if this is the right board but we have been getting a bit of hassle from one of our creditors 'link financial'. We are currently on a DMP through the CCCS. Just wanted to ask if I provide the notification of debt management plan (had been sent to the previous creditor till sold on) requesting they only correspond through my appointed representative i.e. cccs am I within my legal rights to do so. and whether they can press me for extra money as I am on a dmp re section 2.6f of the oft guide?

Thanks

Hawkwind

john_howard_fisher

hi

just a thought but couldn't people use non-win no-fee solicitors for harassment like car accidents. i have come accross this site:

http://www.nowinnofeesolicitorsdirectory.co.uk/

any thoughts on this?

bye