DCAs using their clients and 'solicitors' logos

[Helios]

Sorry for bumping up a old thread!

 

If anyone has noticed, Metropolitan Collection Services and DG Solicitors are the same 'people' in different letterhead, they slipped up yesterday by sending 2 letters as MCS and DG but the envelopes have the return addresses for MCS

 

i'll be keeping the envelopes and letters as proof when i make a complaint to TS and OFT

 

Anything to be gained by making a complaint to SRA?

[ScarletPimpernel]

MCS & DG are both HSBC. They also use Central Debt Enforcement, with a PO Box address in Worthing - but it's MCS.

 

This is, apparently, a legitimate practice; DG do have some actual solicitors.

[reallymadwoman]

And what about the 'notice of assignment' sent out by Cabot on scanned/photocopied paper and in the same envelope as their introductory letter! Surely that can't be legal. Anyone could reproduce a bank's letter head, get some headed paper of their own, and start collecting money from unsuspecting people who still believe whatever a bank tells them.

[babybear39]

RMW, report them to TS, the Information Commisioners Office, the original creditor and the OFT.

[reallymadwoman]

Maybe I should send with my letter a 'notice of assignment' with an appropriate name on it, just to make the point.

[Captain Spaulding]

If I had kept my evidence, knowing what I know now I would have taken it to the local police station and obtained a crime number.

 

Once I had the crime number I would be extremely reserved on my communications as I would not want to "allow the suspect to further incriminate themselves" and would not like to impact current police investigations....

[huggles]

It is a fairly standard process for a bank, when transferring an account to a DCA, to provide them with blank headed paper and request that the DCA sends the Notice Of Assignment on their behalf. To call it "fraud" would be, I would say, a bit of a stretch. Perhaps, in such a case, it might be an idea to contact the bank to see if they have assigned the rights to do this to anyone. It would only be deception if they haven't, and IMHO primarily a matter of concern to the bank rather than you. At work, our external contractors in other companies write letters for us all the time and of course they do it on our headed paper.

[Dipply75]

I agree that if the bank has authorised this to save time and effort then fair enough (although I am not sure how that stands under the actual rules for notifiying of assignment, will have to have a read through).

 

However, it is not a very safe procedure as it leaves a very easy route for the unscrupulous companies out there to con people, especially when a lot of these 'first' letters state that you must only contact them direct now and the bank/lender will not speak to you.

 

I agree the banks should be concerned this may be happening but we are concerned as it is us that could be ripped off!

 

The other issue is, there can be two dca's chasing a debt at the same time, both claiming to own it (there are numerous threads with this), what if they both have these home made letters?

[Dipply75]

I am also expecting 'proof 'of a debt from Cabot that just does not exist any day now and I am very interested to see the assignment letter. When I told them to make sure they send this also, the idiot on the phone ummed, put me on hold then said 'Ok, I am sure we will have one somewhere' ?!

[Captain Spaulding]

It is a fairly standard process for a bank, when transferring an account to a DCA,

 

Thanks for the post. I appreciate that however there is a lack of actual evidence to prove this.

 

Until such time that evidence is provided by the bank (or solicitor) that the 3rd party has authorisation to conduct this practice, the legality of this thread is in dispute...

[babybear39]

I am also expecting 'proof 'of a debt from Cabot that just does not exist any day now and I am very interested to see the assignment letter. When I told them to make sure they send this also, the idiot on the phone ummed, put me on hold then said 'Ok, I am sure we will have one somewhere' ?!

 

One they'll make for you perhaps

[cymruambyth]

Following my complaint to TS re 1stC's use of B/card headed paper, I have had the following reponse:

'this letter would apear to be an attempt to communicate in a misleading manner and might therefore be deemed an unfair business practice as identified by the OFT's Debt Collection Guidance..... This plus threatening phone calls....please feel fre to provide any additional information which you are prepared for us to forward to OFT.

The information you have provided has been logged against the above mentioned company for our future information and reference'

Copies of any of these letters with information about how and why they were sent should be sent to TS to see if we can get legal clarification on this activity or perhaps.....something done to stop it!!

[alfwithhair]

I too reported 1st Credit to TS regarding the same letter purporting to be from Barclaycard assigning the debt. Have not had any reply as yet.

[babybear39]

Thanks for posting that cymruambyth. Very useful to this thread

[babybear39]

I too reported 1st Credit to TS regarding the same letter purporting to be from Barclaycard assigning the debt. Have not had any reply as yet.

 

Perhaps a polite reminder quoting cymru's TS opinion would be in order alf?

[alfwithhair]

Perhaps a polite reminder quoting cymru's TS opinion would be in order alf?

 

Maybe I will do that if I heard nothing by the end of the week.

 

All I got was

 

"If you would kindly forward copies of the received letter we will pass them to the Trading Standards department for their consideration.

You may wish to obtain a copy of you credit report to ensure nothing untoward has been applied to it"

 

 

from Consumer Direct, heard nothing since

[reduk054]

Hi all, subbing, as I too have had "issues" with 1st Credit, and headed paper. Will go and find my thread and post it, as it is similar!

Red

[babybear39]

Hi red How're you?

[42man]

Same here....I will be posting mine off to TS and the OFT too although mine is the subject of an FOS enquiry with Connaught and 1st Credit....credit to cymruambyth and BB !!!!

[reduk054]

Hi BB! I am good thanks, hows you?

Trying to link back to my thread about this headed paper business, think I need to go back and read Bookworm's guide for dummies!

This is a great thread topic BTW!

Red

[babybear39]

I'm ok thanks red Bored to death 'cos uni summer break is sooo long lol...

 

Thanks 42man

[reduk054]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/153830-rbos-dcas-barcodes.html

[babybear39]

Thanks...I have read it before but subbed now too

[littlewillie]

Hi All, To clarify the issue BB has raised with this thread. My brother received, what we both now believe, is a fraudulent practice by 1st Credit. I realise muppets representing this company frequent these forums, but what I am exposing has long been a deceitful practice into coercing debtors into paying before a CCA has been established, so I can not see any harm in providing examples. I don't think I have to explain to those that click on the links, which is genuine. Kind regards, Bill. Image of Fake Halifax NoA - Photobucket - Video and Image Hosting http://i312.photobucket.com/albums/ll330/young_will_58/genuineeditedhalifaxletter2.jpg The issue these letters pertain to are at http://www.consumeractiongroup.co.uk/forum/general-debt-issues/146718-urgent-1st-credit-bankruptcy-3.html

[ScarletPimpernel]

I have had similar fake letters from both Cabot and Robinson Way, both of whom were defeated. In both cases I stuck to the argument that such bogus letters are misleading and deceitful, contrary to OFT Guidance (and now CPUTR, of course). In both cases the DCAs admitted that they had originated the letters.

 

It occurs to me that in some circumstances such letters might serve an unintended purpose from the DCAs viewpoint. Most debt buyers try to make out (misleadingly), that they are not the creditor, and have bought the rights but not the obligations. The sending of a NOA is one of the creditor's obligations, so if the letter is sent by the DCA then they are admitting that they are the creditor, with all that entails.