Newman & Non Compliance of CITI debt CCA request

[zander]

Once a dca fails to comply with a cca request within the statutory timescales, to whom should a letter of non compliance be sent? I take it both the dca and original creditor can be reported to TS OFT & ICO, therefore both receive an equal spanking?

[gizmo111]

Have a read here.

 

This is not an ICO matter.

[zander]

Thanks for that. Got carried away with my abreviations! Can you please clarify the point regarding correspondence? Should the dca get it or the creditor once the 30 days is up?

[zander]

I've been looking on the "can't find whay your looking for" link and guess what? I can't find what I'm looking for! I'd like to write to Trading Standards advising them of Newman Debt Collection Agency comitting an offence due to non receipt of cca request. Is there a standard letter for this purpose?

[djdave]

Here's a copy of the one I sent about Scotcall, feel free to adapt and use as necessary:

 

Dear Sir/Madam,

I would like to make a complaint about Scotcall Debt Collecting Services, who contacted me claiming that they had a debt placed with them which I should pay immediately.

Upon seeking advice from the Consumer Action Group website I sent Scotcall a request (copy enclosed) for a copy of my agreement under the Consumer Credit Act 1974, along with the statutory fee. This was sent recorded delivery and, as you can see from the enclosed printout, signed for on February 16th.

As I’m sure you are aware, Section 78 of the Act states:

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

As I have no communication whatsoever from Scotcall and they have had more than the statutory time period they are now committing and offence which I would like to draw to your attention.

I believe that their flagrant disregard for the Act calls into question their suitability to hold a Consumer Credit Licence, and would be most interested in your comments.

Should you require any further information regarding this complaint, please do not hesitate to contact me. I understand that you may need to pass this onto Glasgow Trading Standards, and I give my consent for you to do so.

Yours faithfully

 

TS have been very helpful so far, good luck with your complaint

[zander]

Thanks a lot djdave. Have you been changing records recently?

[zander]

Similar letter to the OFT??

[zander]

I CCa'd Newman re a debt with citifinancial. They have exceeded the permitted timescales and I indicated this point to them by letter. They responded today stating: "We will furnish you with the information which has been requested immediately it is received from our client" further: "the process you refer to is not intended to be used as a tool to avoid liability for payment of a debt particularly in circumstances where the creditor has been accepting relatively small monthly payments to help you overcome your financial difficulties"

 

They say they will write again in due course and to ensure my payments are brought up to date in the near future. They appear to be disregarding the law entirely by continuing to request payments whilst in default and committing an offence?

 

Any advice on what course of action to take now? TS & OFT perhaps?

Thanks

[ODC]

Ask them to forward details of their complaints procedure to you. Make a complaint to them. They know the law. If they have not got a complaints service inform the FOS and it will cost THEM £400 whilst they are being investigated

[zander]

I'll do that. However, is it not the case that they can be fined up to £2,500 for non compliance? Surely they can't be chasing me for money when they have committed the offence?

[ODC]

Since 6th April DCAs fall under the auspices of Financial Ombudsmans Service. If a complaint is made through them it automatically costs the DCA £400 whether or not the complaint is upheld or not. The only proviso is that you must use the DCAs complaints service first. That is my reading of the new rules. No doubt someone with more experience than me will give you chapter and verse.

[zander]

Thanks again for your reply. I'll certainly go down that route in the first instance then maybe someone can advise on the other legalities?

[zander]

Just wondering if anyone can provide an answer? Thanks.

[ScarletPimpernel]

Since 6th April DCAs fall under the auspices of Financial Ombudsmans Service. If a complaint is made through them it automatically costs the DCA £400 whether or not the complaint is upheld or not. The only proviso is that you must use the DCAs complaints service first. That is my reading of the new rules. No doubt someone with more experience than me will give you chapter and verse.

 

 

It's worth noting that whilst it isn't clear from their website, FOS will only investigate complaints where the original source of the complaint occurred on or after 06 Apr 07.

 

On the brighter side, not only are FOS's powers statutory, they have the ability to impose redress on the offender - so a DCA could be ordered to pay compensation to a complainant if FOS so orders.

 

You can complain to Newmans, and thence to FOS, about Newman's breaches of the OFT guidelines as well as their default under the CCA. You could also complain to Trading Standards and ask them to take enforcement action.

 

As far as Newmans' silly comment is concerned, it is quite true that the CCA is not intended to be a tool to avoid liability; but then they have no evidence that you are trying to use it for that purpose - you have simply asked them, within the law, to prove that the debt is owed; that is your right. The law is intended to protect both parties to a credit agreement; it protects the customer from the unsavoury practices of DCAs applying pressure to pay a debt they cannot prove is owed, and since even though they are currently in default they can enforce the debt at any time in the future if they produce the original properly executed agreement.

[zander]

Thanks very much for that. I would like to be in a better bargaining position in order to apply a F&FS. Since they have failed to provide the agreement within the timescales, I would have thought they must be fined for breach?

What do you think?

[ScarletPimpernel]

The sad fact is that TS rarely prosecute - many of them are not well-versed in CCA issues - so it is unlikely that they will do anything. FOS, on the other hand, may well.

 

If Newman can't produce the agreement the debt can't be enforced, so why offer a F&F? Unless, of course, you want to use their breach as a bargaining tool.

[zander]

Newman have failed to supply me with a copy of the CCA. It's now 41 days since they committed the offence and I received a letter from them today along with their complaints proceedure and this interesting paragraph:

 

"We trust you appreciate our clients patience in accepting re-payments of the debt over a period of time cannot be used to your advantage as appears to be the position now"

 

What a pathetic defence to their abject failure in providing documentary evidence under the law. Incidentally, their client is citifinancial.

 

Any thoughts and advise greatly appreciated.

[tomterm8]

I am no longer welcome on CAG

[zander]

Like the maxim Tomterm8! I'm not sure that I should write yet as they appear to be getting in more trouble as time goes on. They seem to be making a rod for their back and I would be happy for a court to determine their fate due to the offence.

[rory32]

If they want to keep writing to you zander that's fine. It just builds up a stronger and stronger case against them.

[zander]

Hello again rory32, that's what I was thinking although there are other schools of thought within the forum. Thanks

[zander]

Newman DCA have failed to provide the cca and committed the offence 48 days ago. I complained to the OFT & Trading Standards. TS finally responded stating that the creditor requires to provide the copy of agreement not the DCA.

 

They then "suggest" that I repeat the process with the creditor!!?? They appear to be as much use as a chocolate teapot and are not wanting to get involved. Anybody have similar problems bringing the perps to heel?

[lookinforinfo]

TS may be correct. the Act stipulates that the CCA request be sent to the creditor.

So if the DCA has not bought the debt, then the request should not have been sent to them. In practice, what usually happens is that the DCA passes

on the details to the creditor.

 

Did the DCA make any comment after you had sent them the request that

you had sent it to the wrong company, or that they were not the creditor?

 

I suspect that had the agreement existed, it would have been supplied

regardless as to which company received the demand, so while it is

annoying, the setback may only be temporary.

 

Has teh DCA attempted to pursue you for the debt in the meantime?

[surprise]

For info, NCO said they were dealing on behalf of Creation Financial. However, I wrote to Creation who never replied. I complained to Lancashire TS who have now responded that NCO were handing the account back to Creation as they had not sent them a copy of the agreement and that NCO would not pursue the debt.

[rory32]

s.175 Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him worthwith.