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MMF - Harassment?

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  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    edited 18 August 2014 at 4:16PM
    sourcrates wrote: »
    so then refer it to the FOS, they wont be able to deal with anything to do with DCA behaviour,

    The FOS certainly can take complaints on DCA behaviour and whether they have acted fairly and reasonably.

    http://www.financial-ombudsman.org.uk/publications/technical_notes/debtcollecting-note.html
    when the consumer believes the debt collector behaved unfairly

    Many of the complaints we receive about debt collecting are about the approach the debt collector has taken in their communications with the consumer – or how they have reacted to the consumer's repayment proposals.

    For example, the consumer may say that the debt collector has been over-zealous in the number or tone of its communications - perhaps saying that the debt-collector has harassed them. Or the consumer may say that the debt collector has rejected their repayment proposals out of hand, or is unwilling to be flexible.

    When we consider whether a debt collector has behaved fairly, we will look carefully at the communication there has been between the consumer and the debt collector. That might include looking at, for example, correspondence, recordings or logs of telephone calls, and notes of visits.

    We will consider whether both the consumer and the consumer have been willing to engage with each other in a reasonable way to discuss repaying the debt. For example, it might not be constructive for the debt collector to insist that the debt be repaid in full immediately – or for the consumer to refuse to make any payment at all.
    Obviously the normal rules apply, in that you have to make the complaint to the collector first, and then take it to the FOS if you are not happy with their response or after 8 weeks if they don't respond.

    Would make it clear in any complaint that you WILL take the complaint to the FOS if you are not happy with their response.
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  • sourcrates
    sourcrates Posts: 32,518 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    fermi wrote: »
    The FOS certainly can take complaints on DCA behaviour and whether they have acted fairly and reasonable.

    http://www.financial-ombudsman.org.uk/publications/technical_notes/debtcollecting-note.html



    Obviously the normal rules apply, in that you have to make the complaint to the collector first, and then take it to the FOS if you are not happy with their response or after 8 weeks if they don't respond.

    Would make it clear in any complaint that you WILL take the complaint to the FOS if you are not happy with their response.



    I can only go on my experience Fermi.


    I was told by the FOS that MM were entitled to collect the debt.
    When I questioned there methods, they were not really interested.
    To be fair, I think I drew one of the newer, less experienced members of staff, I tried to make my point about the tactics they used, threats, intimidation etc, etc, but I felt I was banging my head against a brick wall, he was not interested in how they behaved at all.
    I could of appealed to the ombudsman, and possibly I should of, but it was just to much hassle at the time.:(
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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