Please have a look at this explanation of the CPUT regs. The Consumer Protection from Unfair Trading Regulations 2008
If you think that your DCA is acting contrary to any part of these regs then complain immediately.
Post in the debt forum to let us know what you are doing.
There is no cost and no risk to this course of action.This has not been tried before but CPUT is very new.
This action should be taken in addition to any other action you are considering taking.
Do not neglect any court action merely because you have made a complaint to the OFT. On the other hand, once you have received an acknowledgment and a complaint reference number, you can refer to it in court so that the judge knows what is going on.
Complaint to the OFT in respect of invalid CCA agreement - draft
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Your address
Date
Dear Sir/Madam
Consumer Protection from Unfair Trading Regulations 2008 (CPUT)
Formal complaint against [Name of Debt Collection Agency here]
I am writing to complain under the above CPUT regulations. I am receiving letters and telephone calls from [DCA] in respect a purported debt which I understand is governed by the Consumer Credit Act 1974.
In accordance with the Consumer Credit Act I asked [DCA] to supply me with a true copy of the Consumer Credit agreement. [They have failed to do so/ supplied me with a document which clearly fails to satsify the Consumer Credit Act.] I enclose a copy of that document with this letter.
Although I have pointed this out to [DCA] they have failed to acknowledge this and continue to contact me and to harrass me with threats of action.
Clearly they are entitled to bring a legal action if they so wish. However, they have not done so and appear instead to be relying upon a campaign of systematic contact with accompanied by threats.
I consider that [DCA] are operating an unfair commercial practice and it is for this reason that I am sending you this complaint.
I enclose examples of the letters which they have been sending to me. I also enclose a log and verbatim notes of phone calls I have received.
I would be grateful if you would acknowledge this letter and let me know what procedures you now intend to follow and what your targets for action are.
Yours faithfully
sign the letter
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Complaint to the OFT about telephone harassment by Debt Collection Agency
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Your address
Date
Dear Sir/Madam
Consumer Protection from Unfair Trading Regulations 2008 (CPUT)
Formal complaint against [Name of Debt Collection Agency here] for harassment
I am writing to complain under the above CPUT regulations. I am receiving persistent telephone calls from [DCA] in respect of a purported debt.
I have also received correspondence from them on the same matter.
I have written to the [DCA] and requested them to stop telephoning me as the calls are made at non-social hours and I am spoken to in a way which I find distressing and impolite. Despite this, the calls continue. I have logged the calls which I have received together with verbatim notes of the conversations which I have had. I enclose a copy of my log with this complaint. I am also enclosing a copy of the letter which I have sent to them asking them to stop telephoning me.
The situation has become so serious that I now avoid answering the telephone at all and this is interfering with my normal everyday life.
Although I agree that the [DCA] are entitled to take reasonable action to pursue a debt if they feel that there is an outstanding issue, I consider that the treatment to which I am currently being subjected is beyond what might be considered to be reasonable in the pursuit of a contractual obligation.
I notice that the [DCA] seem more prepared to carry out a campaign of harassment rather than to bring a legal action against me - which in my view would be the proper and reasonable course of conduct.
Clearly they are entitled to bring a legal action if they so wish.
I consider that [DCA] are operating an unfair commercial practice and it is for this reason that I am sending you this complaint.
I would be grateful if you would acknowledge this letter and let me know what procedures you now intend to follow and what your targets for action are.
Yours faithfully
sign the letter
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Delete or include the appropriate words for the words in red in this template
Complaint to the OFT about being threatened by Debt Collection Agency with legal action over debt older than 6 years
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Your address
Date
Dear Sir/Madam
Consumer Protection from Unfair Trading Regulations 2008 (CPUT)
Formal complaint against [Name of Debt Collection Agency here] in respect of misleading and threatening behaviour
I am writing to complain under the above CPUT regulations. I am receiving letters and telephone calls from [DCA] in respect a purported debt and which is older than 6years and therefore statute barred.
The [DCA] must be fully aware of the age of the purported debt but despite this they are regularly making threats of legal action against me to recover the money. I have found this behaviour very intimidating. However, I have recently discovered that there is a rule which prevents debts which are older than 6 years from being recovered by legal action. I am sure that [DCA] are aware of this rule and I now believe that they are making the threats in order to frighten me into paying them money. I note that they have not actually commenced any legal action against me. Instead they have preferred to continue with a campaign of intimidating behaviour and making deceptive threats as to their right to take legal action over a purported debt of this age.
I consider that [DCA] are operating an unfair commercial practice and it is for this reason that I am sending you this complaint.
I enclose examples of the letters which they have been sending to me. I also enclose a log and verbatim notes of phone calls I have received.
I would be grateful if you would acknowledge this letter and let me know what procedures you now intend to follow and what your targets for action are.
Yours faithfully
sign the letter
|
Delete or include the appropriate words for the words in red in this template
