Disabled Veteran Harrassed for 4yrs by DCA for debt of unknown person

[stu007]

Hi Brig

 

Fully agree as well as it actually aint length if you read the post properly let me repeat.

 

Motormile PDF - YOU ONLY NEED TO READ FIRST TWO PAGES AS REST ARE A COPY OF 12 JAN 2012 COMPLAINT (ie a copy of original complaint letter).

 

Cheque Centre - YOU ONLY NEED TO READ THE FIRST PAGE AS REST ARE A COPY OF 12 JAN 2012 COMPLAINT (ie a copy of original complaint letter).

[BRIGADIER2JCS]

WE have noted the unhelpful post stu.

What you have said is spot on, ignore

the other nonsence,

[BRIGADIER2JCS]

The facts say otherwise.

 

Whether the time passed is reasonable - who is to say - possibly if the company is very large - I dunno

I fail to understand your post, ''the company is very large''?

[theghost]

I have written to lots of companies and have often waited weeks for resposnes. They may well be very busy and so on. If Op wants a proper investigation into his complaint it may take a while. As a private company I don't believe they are under a duty to respond - so don't necessarily be surprised if nothing comes back - especially if the company is dodgy.

 

Anyway, we will see whether they respond within his further 10 day deadline.

[stu007]

Hi Brig

 

Just PM you on different matter but related to thread.

 

@theghost please do enlighten us with your valuable knowledge as to why the letter is too long and why the facts say otherwise?

[BRIGADIER2JCS]

I have written to lots of companies and have often waited weeks for resposnes. They may well be very busy and so on. If Op wants a proper investigation into his complaint it may take a while. As a private company I don't believe they are under a duty to respond - so don't necessarily be surprised if nothing comes back - especially if the company is dodgy.

 

Anyway, we will see whether they respond within his further 10 day deadline.

Once a Formal complaint is made to a company they must answer the complaint and or

provide a copy of their company complaints procedure.

SIMPLE.

[stu007]

Hi

 

Also just for interest have a look at the Motormile PDF and look at their website address in the PDF and have a look.

 

Their is nothing on their website at all about complaints and even more interesting is the Title as they dont display it as Motormile Finance but MMF and as i have proved when they call people they only state MMF and when further question state they dont have to give the full companies name due to Data Protection ACT.

 

Seems like unfair business practices to me.

 

Oh forgot to say that both PDF letter like all the others will as usual be going to Trading Standards

[BRIGADIER2JCS]

Hi

 

Also just for interest have a look at the Motormile PDF and look at their website address in the PDF and have a look.

 

Their is nothing on their website at all about complaints and even more interesting is the Title as they dont display it as Motormile Finance but MMF and as i have proved when they call people they only state MMF and when further question state they dont have to give the full companies name due to Data Protection ACT.

 

Seems like unfair business practices to me.

 

Oh forgot to say that both PDF letter like all the others will as usual be going to Trading Standards

 

And you are correct!!!

[give them FA]

Once a Formal complaint is made to a company they must answer the complaint and or

provide a copy of their company complaints procedure.

SIMPLE.

 

I don't find it so simple. I cannot find any law or regulation which requires a company generally to have a complaints procedure, let alone to be required to respond if a complaint is made to them. Most commercial companies will to protect their reputations; but I don't think a DCA is going to give a damn about that. Could you enlighten us as to what statutory requirement there is for them to do this?

 

Also reference is being made on "letter before action" What action? You will never get a harassment case off the ground on the basis of one phone call by any individual company, so what "action" is proposed?

[theghost]

Once a Formal complaint is made to a company they must answer the complaint and or

provide a copy of their company complaints procedure.

SIMPLE.

 

And which statute specifically binds private companies to do that?

 

i.e apart from bits of legislation that say companies should adhere to codes of practice - which are at the bottom of the enforcement pile.

 

As GTFA above says, if they dont play ball then OPs recourse is to sue them, if he has a case.

[42man]

You can turn a 'code of conduct' breach into an offfence.....this is taken from another thread.

 

The claimant believes that an offence has been committed by the debt collection agency under The Consumer Protection From Unfair Trading Regulations.

 

Offences relating to unfair commercial practices9. A trader is guilty of an offence if he engages in a commercial practice which is a misleading action under regulation 5 otherwise than by reason of the commercial practice satisfying the condition in regulation 5(3)(b).

 

Which clearly state...

 

Misleading actions

 

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

(3) A commercial practice satisfies the conditions of this paragraph if—

(b)it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if—

 

Interpretation2.—(1) In these Regulations—“average consumer” shall be construed in accordance with paragraphs (2) to (6);“business” includes a trade, craft or profession;“code of conduct” means an agreement or set of rules (which is not imposed by legal or administrative requirements), which defines the behaviour of traders who undertake to be bound by it in relation to one or more commercial practices or business sectors;“code owner” means a trader or a body responsible for—(a)the formulation and revision of a code of conduct; or(b)monitoring compliance with the code by those who have undertaken to be bound by it;

 

“trader” means any person who in relation to a commercial practice is acting for purposes relating to his business, and anyone acting in the name of or on behalf of a trade

 

The defendant refers to the code of conduct stated by the Credit Service Association to which Lowells are a member -

 

The code of conduct clearly states

 

q) Where a debt or the sum owed is disputed, as

soon as is practicable, supply information to the

debtor in support of the claim. Where no

information has been supplied by the creditor,

obtain the required support, or failing that cease

collection action.

 

Comply with Debt Collection Guidance as

Published by the Office of Fair Trading

[BRIGADIER2JCS]

Also to be able to properly involve FOS in

any matter the individual must be seen to have exhausted

the company complaints procedure and received a formal

response letter.

[Bazooka Boo]

Don't get drawn into irrelavent nonsense, your on the right track and your actions to date show this.

 

Take with a pinch of salt the last few comments, I have my suspicions.

 

On a more positive & productive note, if you can prove that they received your complaint and they have failed to respond within 8 weeks of receipt, then you are able to escalate the complaint further, out of their hands, and you can show that they have failed to respond and that in itself will go in his favour.

[theghost]

You can turn a 'code of conduct' breach into an offfence.....this is taken from another thread.

 

 

I suggest you look at Regulation 9.

[42man]

I suggest you read the whole of it

[theghost]

Of what?

 

I have read the whole of your post and the Regulations!

[BRIGADIER2JCS]

Also read OFT Guidance 2011

 

all of it it may educate you to

the current guidance ''ghost''.

[give them FA]

You can turn a 'code of conduct' breach into an offfence.....this is taken from another thread.

 

The claimant believes that an offence has been committed by the debt collection agency under The Consumer Protection From Unfair Trading Regulations.

 

Offences relating to unfair commercial practices9. A trader is guilty of an offence if he engages in a commercial practice which is a misleading action under regulation 5 otherwise than by reason of the commercial practice satisfying the condition in regulation 5(3)(b).

 

Which clearly state...

 

Misleading actions

 

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

(3) A commercial practice satisfies the conditions of this paragraph if—

(b)it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if—

 

Interpretation2.—(1) In these Regulations—“average consumer” shall be construed in accordance with paragraphs (2) to (6);“business” includes a trade, craft or profession;“code of conduct” means an agreement or set of rules (which is not imposed by legal or administrative requirements), which defines the behaviour of traders who undertake to be bound by it in relation to one or more commercial practices or business sectors;“code owner” means a trader or a body responsible for—(a)the formulation and revision of a code of conduct; or(b)monitoring compliance with the code by those who have undertaken to be bound by it;

 

“trader” means any person who in relation to a commercial practice is acting for purposes relating to his business, and anyone acting in the name of or on behalf of a trade

 

The defendant refers to the code of conduct stated by the Credit Service Association to which Lowells are a member -

 

The code of conduct clearly states

 

q) Where a debt or the sum owed is disputed, as

soon as is practicable, supply information to the

debtor in support of the claim. Where no

information has been supplied by the creditor,

obtain the required support, or failing that cease

collection action.

 

Comply with Debt Collection Guidance as

Published by the Office of Fair Trading

 

 

 

Well done. But as he isn't the debtor, it isn't applicable.

[BRIGADIER2JCS]

May be not but the veteran is ''the average consumer''.

If you wish to carry on this I suggest you and ''The Ghost''

discuss it on his new discussion thread you should get on well.

[give them FA]

I am merely trying to point out that the world is as it is and not as we would like it to be. Bluster gets you nowhere when it comes to the law. Unfortunately it appears that a person who is not the debtor, customer, client, whatever you want to call him, is in no-man's-land as regards codes of conduct, etc.

 

The worst case scenario is that it all goes forward and the DCA wins. I really don't want to see that happening which is why I sound a note of caution, as does the ghost.

 

I have asked what, precisely, is proposed as legal action and no-one replies.

[BRIGADIER2JCS]

Common sense and reason (the basis of English Civil Law)

Any individual affected by the actions of an entity trading

under the terms of ''Guidance'' ''Codes of Practice'' is entitled

to the protection laid down in such Guidance or Codes.

Without such no one would have any protection.

It is often quoted ''That rules are for the obedience of fools

but are for the guidance of wisemen''

[stu007]

Hi

 

Just a quick update.

 

Motormile and Cheque Centre both recieved and signed for their letters yesterday 17th Feb 2012.

 

So we will see if they bother this time to reply.

[Bazooka Boo]

Don't hold your breath Stu...it will be interesting to see how this pans out, I'm away for a couple of weeks next week, so will be interested to see if there has been any great movement in that time, I doubt it mind.

[stu007]

Hi

 

Whats your views on this as I was very surprised when I found this on OFT website Public Register after some searching that on OFT site Motormile Finance UK Trading Name is MMF.

 

The reason I ask is as i have pointed out in the thread I assumed them using the abbreviation MMF not only on their website but when contacting comsumers and not Motormile Finance using only that abbreviation even when ask for the companies full name and not an abbreviation as that means nothing to any normal person they refuse saying against DPA and just repeat MMF and i pointed ouut could this not be Unfair Business Practices I now question that after finding out whats on OFT Public Register at the weekend.

 

I must admit this was a surprise and can see now why they only use MMF and that OFT seem to have allowed this.

 

I still have my reservations about this and just cant get my head around that OFT have allowed this to happen and that they only use MMF and not the actual companies name even if asked for its not only when phoning consumers but on their website. I feel this should not be allowed in the Debt Collection Sector an why hide the full name.

 

OFT Public Register

 

To search for Motormile Finance in Organisation name and Trading name if you input Motormile Finance their are no search results but if you then use the abbreviation of their name MMF and type this in Oranisation Name you get no results but in Trading Name you get their results and it was a surprise when you look at Trading Names.

 

Why are they allowed to use an abbreviation and not the proper company name?

 

Trading Name(s) (Current):

 

MMF

MMF UK

MMF-Leasing

Money Xpress

Motormile Mortgage

[BRIGADIER2JCS]

Stu, I think you have hit gold, this

is against OFT guidance multiple IDs

get another missile off to add what

you have so far,as no one has complained

this may never have reached OFT compliance.