Advice needed urgently...

louietudor

someone please tell whether im wrong thinking this but if jopwo-87 has a claim in for a refund of charges as they are unfair and disproprtionate and therfore in effect is disputing the total owed doe this not put the debt in dispute and that the dca should be reffered back to the bank??

like i say please tell me if im wrong as it would help me as well

louietudor

louietudor wrote: »

someone please tell whether im wrong thinking this but if jopwo-87 has a claim in for a refund of charges as they are unfair and disproprtionate and therfore in effect is disputing the total owed doe this not put the debt in dispute and that the dca should be reffered back to the bank??

like i say please tell me if im wrong as it would help me as well

anyone help please??

GeorgeUK

Not too sure about that - possibly. May be worth posting that question on the reclaiming bank charges board and see if anyone has been passed to a DCA while claiming. It does sound familiar though not too sure since the test case started.

GeorgeUK

DOH!!!!

I knew i'd seen it before - it's under the OFT guidelines for debt collection. Section 2.8 (k)

2.8 Examples of unfair practices are as follows:
a. sending demands for payment to an individual when it is uncertain that
they are the debtor in question, for example, threatening debt recovery
action to 'the occupier' or sending a payment demand to all people sharing
the same name/date of birth as a debtor in the hope that contact with the
correct debtor will be made.
b. disclosing debt details to an individual when it is uncertain that they are
the debtor in question, for example, disclosing details to 'the occupier' of
an address.
c. refusing to deal with appointed or authorised third parties, such
as Citizens Advice Bureaux, independent advice centres or money
advisers
d. contacting debtors directly and bypassing their appointed representatives
e. operating a policy, without reason, of refusing to negotiate with
debt management companies
f. passing on debtor details to debt management companies without the
debtors' informed prior consent
g. failing to refer on to the creditor reasonable offers to pay by instalments
h. not passing on payments received within a reasonable time resulting in
delays that adversely affect a debtor's financial position.
i. failing to investigate and/or provide details as appropriate, when a debt is
queried or disputed, possibly resulting in debtors being wrongly pursued
j. requiring an individual to supply information to prove they are not the
debtor in question, for example, driving licences, passports, full name,
date of birth, signatures
k. not ceasing collection activity whilst investigating a reasonably queried or
disputed debt.

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

I had forgotten all about that. Well done Louie.

Not too sure what can be done about it, but there are bound to be some threads on this and the OFT.

pa49

GeorgeUK wrote: »

Not too sure about that - possibly. May be worth posting that question on the reclaiming bank charges board and see if anyone has been passed to a DCA while claiming. It does sound familiar though not too sure since the test case started.

I have (had) a DCA trying to collect an amount that I went O/D with one of the major banks. I purposely went O/D by an amount that I calculated was approximately the same as the charges that I was intending reclaiming.
I got many calls from this DCA and eventually told them to to PLEASE take me to court so that I could legitimately counterclaim the bank charges.
Haven't heard from them since (over six months ago).
I know that this may reappear but in the circumstances would still relish the opportunity to counterclaim. "Winning" would allow me to get them to remove any adverse note on my credit record (which hasn't appeared as yet).