FSO does not cover debt collection agencies

Discussion in 'The Financial Services Ombudsman' started by kkelly77, Mar 18, 2015.

  1. kkelly77

    kkelly77 Frequent Poster

    Posts:
    60
    I recently queried the FSO if debt collection agencies fall under their remit, as I wanted to lodge a complaint with them re: Cabot Financial. In short, their answer was no as DCA's are not regulated by the financial regulator.

    Is this why banks and other financial institutions use DCA's because DCA's are not regulated and therefore have "free reign" to do whatever they want?

    Is there any authority that someone can lodge a complaint concerning a DCA?
     
  2. Jumpstartdublin

    Jumpstartdublin Frequent Poster

    Posts:
    202
    Data protection commissioner is one option if they don't give you records. Most never comply fully so that will be hassle for them
     
  3. thedaddyman

    thedaddyman Frequent Poster

    Posts:
    621
    s11 of the non-fatal offences against the person act states

    A person who makes any demand for payment of a debt shall be guilty of an offence if—

    (a) the demands by reason of their frequency are calculated to subject the debtor or a member of the family of the debtor to alarm, distress or humiliation, or

    (b) the person falsely represents that criminal proceedings lie for non-payment of the debt, or

    (c) the person falsely represents that he or she is authorised in some official capacity to enforce payment, or

    (d) the person utters a document falsely represented to have an official character.

    (2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500.

    if your complaint against Cabot falls into these categories, you should got to the Gardai
     
  4. Gerry Canning

    Gerry Canning Frequent Poster

    Posts:
    2,463
    kkelly,

    Cabot have the name of (bullies). Normally a well crafted registered letter gets them off your back. If they are( as we post) still narking you, give AAM the background and you will find the posters helpful.

    the daddyman,
    I have no doubt Cabot can fall into your s11
    1. Problem is would Garda use scarce resources on a (civil) type matter .
    2. Would kkelly want to drag this on.

    On s11,
    I think it would be hard nuff to get over the line as, Cabot don,t claim criminal they claim civil charges + they have been authorised to enforce payment, and + who decides on frequency fairness?