1st credit DCA phoning on a Sunday

[seylectric]

Isn't there some sort of law forbidding DCA's pusuing you on a Sunday?

 

Apparently nobody told First Credit (08701 642 049) who used the old trick of phoning up, asking for me by name, then hanging up (to see if I am actually available on the number they got from the creditor they are acting for given that I have never contacted them before)

 

I seem to remember reading somewhere that they cannot pursue you after 9pm at night or at anytime on Sundays or Bank Holidays (not sure about Saturdays), I would be grateful if anybody can enlighten me further.

[sarahpp]

Isn't there some sort of law forbidding DCA's pusuing you on a Sunday?

 

Apparently nobody told First Credit (08701 642 049) who used the old trick of phoning up, asking for me by name, then hanging up (to see if I am actually available on the number they got from the creditor they are acting for given that I have never contacted them before)

 

I seem to remember reading somewhere that they cannot pursue you after 9pm at night or at anytime on Sundays or Bank Holidays (not sure about Saturdays), I would be grateful if anybody can enlighten me further.

 

Here is the response to the draft OFT guidelines. The definitive version just goes on to say unreasonable. I think it would be up to the complainant to say why they think a Sunday evening is unreasonable although I think that most people would agree that it was.

 

Contacting debtors at unreasonable times and at unreasonable intervals

 

2.22 Slightly more respondents who commented on this issue were of the opinion that we should not attempt to specify what we consider to be unreasonable. There was widespread agreement that attempting to be prescriptive on this issue would be difficult given debtors' differing circumstances.

 

 

2.23 There was a degree of consistency from respondents that contacting debtors between the hours of 8am to 9pm Monday to Friday would be reasonable. There was greater disparity over what is reasonable in respect of contact made at the weekend and on public/bank holidays etc. There was also greater disparity over what constituted reasonable intervals with opinion ranging from daily, every couple of days to weekly. A number of respondents including Citizens Advice and the Credit Services Association stressed the importance of giving debtors a reasonable time to respond.

 

2.24 We believe the best way to deal with this issue is to determine on a case by case basis whether the business concerned has acted reasonably. This gives us the discretion to take into account individual circumstances. It also gives debt collectors the ability to accommodate debtors'

 

However, by phoning you and then putting the phone down they have certainly breached this one:

Communication

 

 

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

 

 

2.2 Examples of unfair practices are as follows:

a. use of official looking documents intended or likely to mislead debtors as to their status, e.g. documents made to resemble court claims.

b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge

c. those contacting debtors not making clear who they are, who they work for, what their role is, what the purpose of the contact is

 

Hope this helps

 

Sarah

[seylectric]

That's a great help, some useful stuff there Sarah. Thanmks for taking the time and trouble.

 

I particularly like this bit: 2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

 

That covers most of the dealings I've had with any of them I reckon!

[sarahpp]

That's a great help, some useful stuff there Sarah. Thanmks for taking the time and trouble.

 

I particularly like this bit: 2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

 

That covers most of the dealings I've had with any of them I reckon!

 

My pleasure - I think that most of the DCAs I have had dealings with have fallen foul of at least 5 of the OFT's guidelines and I will report them when I have got all the other stuff out of the way. I think that the trouble is that people, understandably, just want them off their back and forget to follow through with the complaint afterwards. Enough people lodge legitimate complaints they could lose their licence to operate.

 

It is interesting that the DCAs who I have most issues with were consulted and responded to the original draft OFT proposals so, they can't very well say that they weren't aware of them can they?

[lookinforinfo]

The trouble with the guidelines from the OFT are that some bailiffs and bailiff companies run a coach and horses through them.

 

Having read all the guidelines, I am surprised that no mention is made about

how bailiffs are meant to not call on a Sunday or a bank holiday. Though I suppose

that as we now live in a multi cultural society, the argument would be that to

many people of differing religions, Sunday is not an important day to them.

 

To see the full text of what the OFT look for there is a pdf download here-

http://www.csa-uk.com/Documents/OFT%20debt%20collection%20-%20guidance%20only%20_July%202003.pdf

 

They do say that they have the power to revoke the licence of a bailiff company.

I guess one of the reasons bailiffs largely ignore the guidelines is that they know

the chance of losing their licence is virtually nil.

[seylectric]

Hmm, I'm not sure if it was the OFT that gave me the inkling that they are not supposed to cxall on Sundays but I have definately read it somewhere in the past.

[lookinforinfo]

There seems to be quite a bit of confusion even within bailiff advice websites

about Sundays.

 

Different types of bailiff are allowed to operate at different times to others. And

bailiffs collecting different types of debt are subject to different hours. But apart

from recommendations that bailiffs shouldn't call round on a Sunday, I have not

yet found a site that states bailiffs cannot phone you on a Sunday. That is not to

say that you cannot tell him to go forth and multiply.

 

Bailiffs collecting rent arrears are not allowed to distrain on Sunday.

 

Bailiffs collecting council tax are supposed to work office hours.

 

All but private bailiffs should work between sunrise and sunset.

 

Private bailiffs apparently, can call at any time!

[seylectric]

I was referring to DCA's rather than bailiffs to be honest, but duly noted!