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getting compensation from a debt collection agency?
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getting compensation from a debt collection agency? - May 15 2008 12:08:35   
tuc biscuit


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anyone know anything about getting compensation from a debt collection agency? can you do it? how much?

referring to this original thread

http://www.muscletalk.co.uk/m_2280995/mpage_1/key_debt/tm.htm#2280995

basically a debt collection company came after my gf for money on a barclaycard that they said she owed, but it turned out she didn't and it was fraud by the people who moved into her previous address after her

now that's fair enough, not the debt collection agencies fault, but what is their fault is the way they have gone about the whole case


The first thing I did when I was aware of the case was to print out and make myself familiar with the Office of Fair Trading's guidelines on fair practise for debt collection agencies and they have been going wrong on many counts, some of which I have written proof of.

They've treated the case and our protests we didn't owe the money with such a disregard I now want to basically take them for as much as possible if I can.

I've been onto the compliance officer and was quoting from the guidleines and telling them when and where they have gone wrong and am sending in a written complaint as per her request.

anyone have any knowledge of this?

am I flogging a dead horse?


cheers

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RE: getting compensation from a debt collection agency? - May 15 2008 12:11:26   
knoxville


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Dead horse mate,they will just say they were acting under the information given and its up to the company wanting the debt to ensure all data is correct

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RE: getting compensation from a debt collection agency? - May 15 2008 12:12:09   
Mobster


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No idea but 1) best of luck cos it'd be nice 2) did they actually get any money off of you or is it just the way they acted (ie: outside of the guidelines?). There might be agents acting on their behalf and so the company might be able to claim they did not act that way their representatives did.

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RE: getting compensation from a debt collection agency? - May 15 2008 12:12:51   
tuc biscuit


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quote:

ORIGINAL: knoxville

Dead horse mate,they will just say they were acting under the information given and its up to the company wanting the debt to ensure all data is correct



I'm not saying I want compensation, because they wrongly accused us of having the debt, it's the way they went about collecting it and the guidelines and rules they broke which aren't anything to do with the original creditors imo.


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RE: getting compensation from a debt collection agency? - May 15 2008 12:15:27   
tuc biscuit


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quote:

ORIGINAL: Mobster

No idea but 1) best of luck cos it'd be nice 2) did they actually get any money off of you or is it just the way they acted (ie: outside of the guidelines?). There might be agents acting on their behalf and so the company might be able to claim they did not act that way their representatives did.




no, they didn't get any money apart from a £1 postal order so I could have copy of all statement relating to the original credit card, this request was sent recorded delivery on 10/12/2007 and the guidelines state that they have 40 days to give me the statements and I still haven't got them, so that's one rule they have broken

and it is the biggest debt collection company apparently so I think the people I was dealing with were all employees of the company

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RE: getting compensation from a debt collection agency? - May 15 2008 12:30:21   
GOVINDA


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As above ,dead horse, you might get an appoligy in about 10 years

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RE: getting compensation from a debt collection agency? - May 15 2008 12:31:24   
tuc biscuit


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quote:

ORIGINAL: GOVINDA

As above ,dead horse, you might get an appoligy in about 10 years




they have 8 weeks to deliver their final response to my complaint then |I can take it to the Financial Ombudsman Service as far as I know

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RE: getting compensation from a debt collection agency? - May 15 2008 12:54:47   
Jax Demon


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www.consumercorner.co.uk will be the best place to post what you have put above

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RE: getting compensation from a debt collection agency? - May 15 2008 12:58:55   
rightyho


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Approach Barclaycard.

Anglian Water did similar with me, setting a debt collection group of monkeys on me with late night knocks and phonecalls, harassment, etc even though I proved to them on the first knock that I had already paid the bill.

In the end Anglian Water ended up giving me compensation, paying my legal fees cos I set a horrible solicitor loose, and sacked the debt collection agency.

Barclaycard should recompense you in some way for issuing the order to chase you - regardless of who committed whatever act of fraud or whatever.

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RE: getting compensation from a debt collection agency? - May 15 2008 13:40:23   
tuc biscuit


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quote:

ORIGINAL: rightyho

Approach Barclaycard.

Anglian Water did similar with me, setting a debt collection group of monkeys on me with late night knocks and phonecalls, harassment, etc even though I proved to them on the first knock that I had already paid the bill.

In the end Anglian Water ended up giving me compensation, paying my legal fees cos I set a horrible solicitor loose, and sacked the debt collection agency.

Barclaycard should recompense you in some way for issuing the order to chase you - regardless of who committed whatever act of fraud or whatever.




ok, I'll get onto barclaycard as well


I have something in my head about the FOS fining any company £400 who they recieve a complaint about reagrdless of fault, so the debt collection company may want to settle at a lower sum than that figure.

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RE: getting compensation from a debt collection agency? - May 15 2008 13:44:05   
kitty


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Try this site

http://www.justclaim.co.uk/bb/index.php

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RE: getting compensation from a debt collection agency? - May 15 2008 14:46:21   
rightyho


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quote:

ORIGINAL: tuc biscuit


quote:

ORIGINAL: rightyho

Approach Barclaycard.

Anglian Water did similar with me, setting a debt collection group of monkeys on me with late night knocks and phonecalls, harassment, etc even though I proved to them on the first knock that I had already paid the bill.

In the end Anglian Water ended up giving me compensation, paying my legal fees cos I set a horrible solicitor loose, and sacked the debt collection agency.

Barclaycard should recompense you in some way for issuing the order to chase you - regardless of who committed whatever act of fraud or whatever.




ok, I'll get onto barclaycard as well


I have something in my head about the FOS fining any company £400 who they recieve a complaint about reagrdless of fault, so the debt collection company may want to settle at a lower sum than that figure.

Pretty sure it's a grand mate - I remember my mate in mortgages was facing a complaint over a £500 arrangement fee with one of his weirder clients who changed her mind three times and got three surveys done on three houses thinking they were free when the paperwork from the lender said they were £500 a time - he just gave her the £500 back as he said even having a hearing against you costs more than that even when you're in the right.

Might be wrong but that's what he said from memory mate.

I'd imagine FSA involvement would cost at least the same with the bigger institutions??

< Message edited by rightyho -- May 15 2008 14:47:21 >


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RE: getting compensation from a debt collection agency? - May 15 2008 15:48:48   
tuc biscuit


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right I'll have to look into that, I did some ringing round this afternoon and it seems like in my complaint letter I will need to request compensation for my losses


cheers also to jax and kitty for those links

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