Now that all DCAs have to abide by the Codes of Conduct (under CPUTR) of any body they are members of, here's the text of the CSA CofC: -

CSA Code of Practice

Each member shall comply with this Code and any other Guidance issued by the Association from time to time.

All transactions

• Each member shall conduct its business lawfully, comply with all relevant UK legislation and judicial decisions and trade fairly and responsibly.

• Each member shall also comply with the Debt and Debt Collection Guidance as published by the Office of Fair Trading from time to time.

• Each member shall act reasonably and with integrity in the day-to-day conduct of its business.

For example:

• Provide adequate training for members of its staff, bringing to their attention the principles of this Code and requiring them to carry out their duties in accordance with it. Also, ensure continuous and appropriate training of staff in respect of current legislation and best practice.

• Follow where appropriate any requests conveyed to the members by the Council of the Association from the enforcement authorities.

• Follow where appropriate any guidance notes issued by the Council of the Association.

• Notify the Association of any matters, which might adversely affect the reputation of the industry or of the Association.

Each member shall:

i. Comply with all relevant legislation revisions, updates and amendments. For example:

• The Administration of Justice Act 1970 Section 40

• The Consumer Credit Act 1974 (and regulations thereunder)

• The Sex Discrimination Act 1995

• The Disability Discrimination Act 1995

• The Race Relations Act 1976

• The Data Protection Act 1998

• The Consumer Protection Act 1987

• The Criminal Justice Act 1995

• Unfair Terms in Consumer Contracts Regulations 1994

• Business Names Act 1985

• Companies Act 1985 (as amended 1989)

• Human Rights Act 1998

• Mental Health Act 1983

• Money Laundering & Proceeds of Crime Act 2002

• Debt Arrangement and Attachment Act (Scotland) 2002 and subsequent regulations

This list is not exhaustive.

ii. Use plain English in all communications.

iii. All correspondence must show the full business address, telephone number and email address, where used.

iv. In all contacts by staff or agents, ensure that the member's identity is clearly disclosed.

v. Ensure by continuously examining its debt collection procedures and those of any third parties it employs that they conform to the highest ethical standards.

vi. All members have a duty to ensure that their agents, sub-contractors and subsidiaries comply with the Association's Code and Guidelines.

vii. Comply with all reasonable requests by consumers, clients, or their appointed representatives for information concerning their agreements and accounts.

viii. All members shall ensure that the Association's Code is available on their own websites. They shall further ensure that a copy of the Code is supplied promptly to any debtor on request.

Confidentiality

Members must keep in strict confidence any information supplied by consumers or others, except where disclosure is authorised by the consumer or others or permitted or required by law.

Debt Collection & Default Guidelines

The following list of guidelines is intended as an indication of procedures to be adopted by members. It is not intended as an exhaustive directive to members.

Moreover the effectiveness of collection techniques and procedures depends on the circumstances applying at the time collection is attempted and so cannot be regulated in an absolute manner. Nevertheless, the Association expects compliance with the guidelines and any member not so complying will have to give a justifiable reason for non-compliance in the event of a complaint being received by the Association.

In attempting to carry out collection in default of payment, members of the Association should:

 

1. Not use oppressive or intrusive collection procedures.
   
2. Not bring unreasonable pressure to bear on the consumer/debtor in default of payment.
   
3. Not act in a manner in pubic intended to embarrass the debtor.
   
4. Be circumspect and discreet when attempting to contact the debtor whether by telephone, or by personal visit, with due regard to the OFT Guidelines.
   
5. Ensure that all attempted contacts with debtors are made at reasonable times and at reasonable intervals.
   
6. Unless instructed otherwise, accept all reasonable offers by debtors to pay by instalments provided acceptable evidence of non-ability to pay is given.
   
7. Unless otherwise instructed by the debtor, not discuss with or disclose to any third parties especially neighbours, relatives, or employers the consumer's indebtedness.
   
8. Not use improper means to obtain the telephone number or address of a debtor. (Improper in this connection would refer to actions in breach of legislation described in paragraph 1) d.i. above or in breach of the Association's Code).
   
9. Not pressurise debtors to sell property or to raise funds by further borrowing.
   
10. Not falsely imply by written or verbal means that criminal proceedings will be brought nor that civil action has been instituted in default of payment nor should members falsely state or imply that a judgment or document of debt (Scotland) has been obtained against the debtor.
    
11. Ensure that collectors who use pseudonyms can be identified within the member's organisation.
    
12. Take all possible steps to verify that the person being pursued is, in fact, the debtor.
    
13. Have due regard to and deal sensitively with individuals where evidence has been given, or is apparent, that the individual is incapacitated by mental or physical disability.
    
14. When dealing with fee charging debt advisory services, follow the Office of Fair Trading Guidelines on Debt Management.
    
15. Offer maximum co-operation with local consumer advisers or other intermediaries consulted by the consumer/debtor.
    
16. Encourage consumers/debtors in financial difficulties to inform members of their difficulties and then to respond sympathetically and positively on the evidence provided.
    
17. Take into consideration before determining whether to enforce repayment all information supplied in relation to the reason for non payment, which may include The Common Financial Statement, or the consumer/debtor's future ability to repay. If the consumer/debtor has disclosed multiple debt problems, inform them of the availability of advisory services. Provide in all relevant correspondence the name or designation of a specially trained member of staff who may be contacted regarding financial difficulties.
    
18. Where a debt, or the sum owed has been disputed promptly supply information to the debtor in support of the claim. Where no information has been supplied by the creditor promptly obtain the required support, or failing that cease collection activities
    

Conduct regarding clients

Each member shall:

• Safeguard the security of collected monies.

• Account to their clients at least once a month, or as otherwise agreed by their client.

• Inform their clients of the true rates of charges for services rendered.

• Ensure that by prior arrangement clients are able to visit their premises for the purpose of auditing and checking their accounts.

• Conduct its business under a name, title or style which will not confuse or mislead clients, creditors, consumers or members of the public, or which will not imply any association with other organisations or persons, which do not exist.

• Not approach, induce or persuade staff in the employment of a client to join the member's organisation, although nothing in this clause will prohibit the engagement by a member of such an employee where a bona fide application is made.

Complaints

• Each member shall have in place adequate processes to deal with consumer or client complaints, this must contain the following minimum procedure:

i. The management level at which complaints are handled

ii. The time frame in which complaints are handled

iii. The remedy, if the complainant is not satisfied

iv. Complainants must be advised that one of the remedies is referral of the complaint to the Association where appropriate.

• Members shall deal with complaints speedily, responsively, in a user-friendly fashion and at an appropriate management level.

• Members' complaints procedures must be made available to the complainant or his/her advisor on request.

• If a complaint is made to the Association in relation to dealing with a member of the Association, the Association will deal with the complaint in accordance with the published complaints procedure.

The Association

• Each member shall provide to the Council, on request, references and proof of financial solvency.

i. Members who are not required to file annual returns or accounts must provide the Association annually with a Certificate of Solvency based on their last available audited accounts and signed by their Auditor.

ii. Notwithstanding the above, each member shall have their accounts audited by a firm of qualified accountants.

• The Association shall monitor the compliance of members with the Code and shall each year publish a report of the number and types of complaints received.

• Any instance of non-compliance shall be drawn to the attention of the member concerned. In the event of continued non-compliance, or a serious breach, the Disciplinary Committee will take such action as it deems appropriate, including a warning or recommendation of expulsion of the member concerned from membership. In the event of expulsion the Association will send a report to the Office of Fair Trading.

• Membership of the Association entitles the member to display an approved trade association symbol thereby indicating their adherence to this Code of Practice.

• Each member must inform the Association of all Trading Names in use.

There is an old saying: 'He dies twice who dies by his own weapons'. I wonder if, when the CSA first drafted this code, knowing that it was merely a device for drawing a veil of respectability over DCAs' odious activities, and that the CSA's members would flagrantly ignore it, that it would eventually become the petard upon which they will ultimately be hoisted?

I have a suggestion for a new CSA motto: Asinus asinum fricat

I have a suggestion for a new CSA motto: Asinus asinum fricat

I never did Latin at school, but at a guess that sounds like it's about two donkeys doing naughty things to each other!

Asinus asinum fricat = the ass rubs the ass - it alludes to conceited morons congratulating themselves upon qualities they do not actually possess.

Vide any of Cretin Today or the CSA's risible award ceremonies for examples...

And never were there a bigger bunch of asses than the DCAs.

If anyone else was wondering what on earth asinus asinum fricat means its here:

GoanPatriot: Asinus Asinum Fricat

Nice:D

Great to see their Code of Practice - good call OMWO

And don't forget the President of the CSA is the Director of 1st Credit.:!:

And which Senior Labour MP is member of the Private Equity Firm to which 1st Credit belongs:?::?:

Well I suppose as a Labour MP he is worried about the next election

Spot the MP:

Search - Private Equity News

Here he is on the Advisory Committee, Bridgepoint:

Bridgepoint | Advisory Committee

And this is well worth reading. It's called 'Dawn of the Debt'. It's on the Bridgepoint page here:

Bridgepoint | Financial services

(it's a PDF)

So, several heads of the CSA are Directors of Debt Collection Agencies (Ken Maynard, Director of Cabot is another infamous example). The President of CSA (Najib Nathoo) must be chums with Alan Milburn MP (for it is he). Here's a profile of Alan:

Profile: Alan Milburn - Telegraph

You see it's a mystery why 1st Credit are still 'in business'. The President runs the company which repeatedly, flagrantly breaches the CSA's 'Code of Conduct'. How do they get away with it?

I wrote to the CSA last year to seek clarification-Yes they do investigate complaints-but only after a lengthly process which means you having to go through the initial DCA complaints process.....

For a while it was Mr Maynard who headed the CSA-while also being top dog at Cabot.I recall his speech in protest of the then proposed new acts.

I will try and find it.

Also made this a stickie

Nope looks like its in Archive.

Ah well-I see its the CSA and DBAS conference soon 17th/18th September-dont suppose I will get tickets:confused:

Dont do Golf anyway-but wouldnt mind the debate on the credit crunch and how it will affect debt buying and selling...think thats on day 2 ?

Hmn wonder if they need any advisors on the 2008 regs ?

They are expecting 280 delegates I am sure we could rustle up a few if they are short on numbers.

csa guidelines and waste of space spring to mind. One of the old Cabot team, Seahorse I think, wrote to them complaining about Cabot having rights but not duties to comply with a CCA request, the response was something along the lines of it being up to each member to decide how the regulations fitted in.

I also wrote to the ESA- thats the regulatory body for Bailiffs.They said supply them with proof and they would investigate.

Does this mean that are now bound by law to conform to their own codes of practice?

Fred

Yes it does Fred-in most cases these will be criminal offences which carry big fines and/ or imprisonment.

And of course the possibility of revoking of operating licences.

Yes it does Fred-in most cases these will be criminal offences which carry big fines and/ or imprisonment.

And of course the possibility of revoking of operating licences.

That's incredible. Just to take one example: Not pressurise debtors to sell property or to raise funds by further borrowing. I have had a letter in the last week or so from MBNA suggesting to me that I might want to do just that. It may be of course that they are not pressurising me, just making a suggestion, but nonethless, they are still sailing very close to the wind.

That list is an absolute minefield for banks and DCAs.

Regards.

Fred

MBNA might not be members of the CSA though, so this wouldn't apply to them if so. They may be signed up to the Banking Code or some such other code.

MBNA might not be members of the CSA though, so this wouldn't apply to them if so. They may be signed up to the Banking Code or some such other code.

I think you're right about the CSA - I did a search and they don't see them in the member's list. Still, there's plenty of other things to chew on.

Regards.

Fred

Good news Fred MBNA are members of the DBSA ....which is the sister arm of erm.............of course the CSA:D Bet you are glad I told you that !

I knew that one.

Its always good to check both registers since some appear on both and some on one or the other.I think they actually sell rather than Buy.

MBNA Europe Ltd

PO Box 30

Chester Business Park

Chester

CH4 9FD

Business Credit, Consumer Credit, IVAs Bankruptcies

That's incredible. Just to take one example: Not pressurise debtors to sell property or to raise funds by further borrowing. I have had a letter in the last week or so from MBNA suggesting to me that I might want to do just that. It may be of course that they are not pressurising me, just making a suggestion, but nonethless, they are still sailing very close to the wind.

 

That list is an absolute minefield for banks and DCAs.

 

Regards.

 

Fred

Having done some more detailed reading Fred its not so clear cut.There are various options open with some liable to civil penalties-for non compliance after warnings they can be taken to Court to enforce compliance.

I have picked off some good exerpts and post here.

Failing to honour commitments made in a code

of conduct

7.11 The third category of commercial practices prohibited as

misleading actions is that where:

• the trader has undertaken to be bound by a code of

conduct (or code of practice), and indicates that he

is bound by it in the commercial practice,

and

• the trader fails to comply with a firm and verifiable

commitment in that code,

and

• the average consumer takes, or is likely to take,

a different decision as a result

Harassment, coercion and Undue influence

8.3 Harassment and coercion are not expressly defined in the

CPRs but include both physical and non-physical, (including

psychological) pressure.

8.4 Undue influence is defined in regulation 7(3)(b) of the CPRs as:

‘exploiting a position of power in relation to the consumer

so as to apply pressure, even without using or threatening

to use physical force, in a way which significantly limits the

consumer’s ability to make an informed decision’.

AGGRESSIVE COMERCIAL PRACTICES (REGULATION 7) | part 2 | 43

Possible aggressive practices

A debt collector29 pressurises existing borrowers/debtors

to repay a debt, for example, by contacting debtors at

unreasonable times (such as late at night) or at unreasonable

locations (such as at work when they have been requested

not to). This could amount to harassment, coercion or

undue influence. (Timing, persistence, nature and location,

exploitation of circumstances – this might amount to

exploitation of the imbalance of power between the creditor

and debtor, as well as of the specific circumstances of the

debtor)

A debt collector threatens consumers with recovery of

money by bailiffs for unenforceable debts.30 This could

amount to harassment, coercion or undue influence.

(Exploitation of circumstances and threat to take action

which cannot legally be taken)

10.4 Professional diligence is defined (in Regulation 2) as:

‘the standard of special skill and care which a trader may

reasonably be expected to exercise towards consumers

which is commensurate with either — (a) honest market

practice in the trader’s field of activity, or (b) the general

principle of good faith in the trader’s field of activity’.

codes

to promote unfair commercial practices.

11.14 A trader who has agreed to be bound by a self-regulatory

code of conduct may breach the CPRs if he fails to comply

with commitments in the code which are firm, capable of

being verified, and not purely aspirational, when he has

indicated in a commercial practice that he is bound by the

code and consumers’ transactional decisions are (likely to

be) affected by this.

11.15 The two prohibitions above are enforceable only via injunctive

civil action and are not subject to criminal sanctions.

Civil enforcement

11.16 Enforcers may take civil enforcement action in respect of any

breach of the CPRs as Community Infringements (breaches

of EU-derived legislation) under Part 8 of the Enterprise Act

2002. Currently, a number of bodies, including the OFT and

TSS can take enforcement action in this way.36

11.17 Under this procedure, enforcers may apply to a court for

an enforcement order to prevent Community or domestic

infringements. Breach of an enforcement order could be

contempt of court which could lead to up to two years

imprisonment and/or an unlimited fine.

11.18 Enforcers will normally seek to stop an infringement through

consultation with the trader before applying to the court for

an enforcement order. Instead of seeking an order, they may

accept an undertaking from the trader not to engage in or

repeat the conduct constituting an infringement.

11.19 Further information on enforcement under Part 8 of the

Enterprise Act 2002 is contained in the OFT’s published

Guidance on this subject.37

11.20 Courts can order a trader to produce evidence to

substantiate a factual claim made in a commercial practice.

compliance and enforcement | part 3 | 53

What I'd like to see is some proper investigative journalism done on this industry, perhaps in the form of a TV programme and aired primetime terrestrial. Clearly, any decision for a TV company to initiate such a program would require their appetite whetting but its all here but it does require a trawl to find it all. Perhaps site moderator could add a searchable keyword so threads that would elicit interest for the makers of a TV program could find them easily. I think fuzzybobble mentioned earlier, with a looming recession, people affected by the misconduct of DCA's is going to increase and there are plenty of vulnerable people out there.

subbing

Sadly the recession will bring on more of a requirement or demand to force regulation of those who dont follow the rules....but it looks as though there wont be any more money to fund regulation.

I was reading a consultation doc in which the OFT projects a downturn in consumer credit licence apps and renewals-which will affect their revenues.Rather than any increase in budgets-theres actually going to be a year on decrease of 5% in their working budgets from 2009/2011

They are already overstretched and are looking at ways of keeping staff longer-(apparantly there is a big turnaround)

but it looks as though there wont be any more money to fund regulation.

Perhaps the OFT may come up with a similar approach.

Yes it should make a difference.

The banks can hardly complain,since they dont appear to be fazed by stumping up the money....certainly theres never been any signs of that.

Its also ironic that whilst they continue to forfeit this £450 for each case,they continue to seek more money from the Bank of England.

In the case of RBS-which is now 62% state owned it makes a bit of a mockery of the whole debacle.