Any idea where I can clarify this, please

rog2

I have just read a post where it says that a DCA can not chase a debt, which is in dispute, until that dispute has been resolved. Poster appeared to be unsure if this was law or guidance.
I have received DCA letter for a debt which I am disputing with creditor and any advice will be well appreciated. Thanks.

Bambywamby

No idea - just thought I would bump it for you.

rog2

Second Bump - Sorry

Talheedin

Hi Rog2,

I started the thread about the DCAs and Dr Shoe said:

"According to the rules (is it law?) a DCA cannot chase you for a debt if you're in dispute over it until the dispute is resolved."

I too would like to have this clarified or know where the legislation is so that I can quote it in my letters.

Thanks

Talheedin

AGB863

The information you need is the Debt Collection Guidance as set out by the Office of Fair Trading

The relevent section is here

2.6 Examples of unfair practices are as follows:
a. contacting debtors at unreasonable times and at unreasonable intervals
b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing
c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties
d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties
e. not informing the debtor when their case has been passed on to a different debt collector
f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so
g. making threatening statements or gestures or taking actions which suggest harm to debtors
h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment
i. disclosing or threatening to disclose debt details to third parties unless legally entitled to do so
j. acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care, e.g. by not putting correspondence in a sealed envelope and putting it through a letterbox, thereby running the risk that it could be read by third parties.

The whole document can be found here ( it is rather lenthgy!)
http://www.oft.gov.uk/NR/rdonlyres/50F06527-9FC5-4610-B385-999D6E2A8950/0/oft664.pdf

rog2

Thanks AGB863 - I have downloaded the whole document as it contains many other points, relevant to my case.
Would anyone know how breaking OFT guidelines could actually affect the outcome of the case, if it goes to court?

AGB863

If you keep records of calls and letters made to the DCA that you are disputing the debt, most Judges would adhere to what is set down in the guidance.

Put it in writing to the DCA thast you will not deal with them as you are in dispute with the original creditor and will only deal with the original creditor - quote the guidance to them.

If they fail to comply to this you are within your rights to make a complaint to the OFT and they could be at risk of having thier licence to trade revoked.

Most cases that I deal with, as soon as you mention the OFT the DCA back off.

rog2

I thought I would not hear the last of this. I sent letter, stating that I did not acknowledge any debt, etc, to the DCA (Everyone's friend - Mackenzie Hall!). Heard nothing, until this morning (26 September) when I received a letter from MH - stating that I must pay £1700 into their account by 26.09. 06 (today) !!
This 'debt' is still in dispute - should I even bother to reply to MH?

lynzpower

I would reply, photocopy thier letter, print off the OFT guidelines, highlight the bits pertinent, stick a bit of a letter in with it, send it signed for.

rog2

lynzpower wrote:

I would reply, photocopy thier letter, print off the OFT guidelines, highlight the bits pertinent, stick a bit of a letter in with it, send it signed for.

Can I write to original creditor, as debt is still in dispute, and ask them if they have passed it on, in any way, to Mackenzie Hall?

lynzpower

the original creditor SHOULD have told you they were passing your details to M hall I think rog, under Data Protection....

If M Hall havent told you who the debt is with, then in any case you should ask for a copy of the credit agreement.