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Re: Threat to sue a dead man for £36
Well, it is now exactly a month since my late father sent his letter to Crapital Resolve, and it doesn't look as though his new friends want to play with him any more. Unless, of course, they sent a reply to "firstname.lastname@heaven.god", and my father hasn't got his celestial email address set up properly.
I think it is time I stepped in now, and found out what this moronic bunch of shysters have to say for themselves, before reporting the entire episode to the Office of Faffing and Twaddling.
Interestingly, I can't find anything within the Debt Collection Guidance which states that alleged creditors should make sure that a debtor has a physical body and resides in the Earth dimension before attempting to contact them. It should be covered, though, by these -
3.19 In order to avoid the risk of 'mistaken identity' (where a person who is not the actual debtor is pursued for the repayment of a debt) and with a view to ensuring that debtors are pursued for the correct amount of any unpaid debt, all businesses involved in debt recovery need to take reasonable steps to ensure that they maintain accurate and adequate data (including in respect of debt history).
3.22 The OFT considers that businesses should seek to ensure that they have accurate and adequate data, prior to pursuing debtors for outstanding debts, by taking appropriate steps to verify the data.
4.1 The OFT expects businesses engaged in the recovery of debts arising from regulated consumer credit or consumer hire agreements to take reasonable steps (subject to proportionality considerations) to ensure that they have suitable business practices and procedures in place to facilitate their own compliance and (as appropriate) that of any agents and associates (for example, through training, monitoring, record keeping, disciplinary policies/procedures, contractual requirements, or any other means necessary and appropriate to the business).
4.2 We would expect such businesses to have regard to both the letter and spirit of this guidance, other relevant OFT guidance and relevant legal obligations.
If someone has been deceased for over five years, I would consider that anyone taking "appropriate steps to verify data" would discover this fact, and would therefore not send out facetious demands for money which could cause distress to the late debtor's family.
It also has to be pointed out that the letter was deliberately made to look like a court form, which is a blatant breach of -
3.2 It is unfair to communicate with debtors, or their representatives, in whatever form, in an unclear, inaccurate or misleading manner.
3.3 Examples of unfair or improper practices are as follows:
a. use of official looking documents intended to, or likely to, mislead debtors as to their status.
For example, documents made to resemble court documents.
I've not got a lot of spare time (whatever that is), but I think the OFT do need to be made aware of what these scum are doing. It could just save a family who are still grieving from receiving the same kind of written diarrhoea.
SH
Well, it is now exactly a month since my late father sent his letter to Crapital Resolve, and it doesn't look as though his new friends want to play with him any more. Unless, of course, they sent a reply to "firstname.lastname@heaven.god", and my father hasn't got his celestial email address set up properly.
I think it is time I stepped in now, and found out what this moronic bunch of shysters have to say for themselves, before reporting the entire episode to the Office of Faffing and Twaddling.
Interestingly, I can't find anything within the Debt Collection Guidance which states that alleged creditors should make sure that a debtor has a physical body and resides in the Earth dimension before attempting to contact them. It should be covered, though, by these -
3.19 In order to avoid the risk of 'mistaken identity' (where a person who is not the actual debtor is pursued for the repayment of a debt) and with a view to ensuring that debtors are pursued for the correct amount of any unpaid debt, all businesses involved in debt recovery need to take reasonable steps to ensure that they maintain accurate and adequate data (including in respect of debt history).
3.22 The OFT considers that businesses should seek to ensure that they have accurate and adequate data, prior to pursuing debtors for outstanding debts, by taking appropriate steps to verify the data.
4.1 The OFT expects businesses engaged in the recovery of debts arising from regulated consumer credit or consumer hire agreements to take reasonable steps (subject to proportionality considerations) to ensure that they have suitable business practices and procedures in place to facilitate their own compliance and (as appropriate) that of any agents and associates (for example, through training, monitoring, record keeping, disciplinary policies/procedures, contractual requirements, or any other means necessary and appropriate to the business).
4.2 We would expect such businesses to have regard to both the letter and spirit of this guidance, other relevant OFT guidance and relevant legal obligations.
If someone has been deceased for over five years, I would consider that anyone taking "appropriate steps to verify data" would discover this fact, and would therefore not send out facetious demands for money which could cause distress to the late debtor's family.
It also has to be pointed out that the letter was deliberately made to look like a court form, which is a blatant breach of -
3.2 It is unfair to communicate with debtors, or their representatives, in whatever form, in an unclear, inaccurate or misleading manner.
3.3 Examples of unfair or improper practices are as follows:
a. use of official looking documents intended to, or likely to, mislead debtors as to their status.
For example, documents made to resemble court documents.
I've not got a lot of spare time (whatever that is), but I think the OFT do need to be made aware of what these scum are doing. It could just save a family who are still grieving from receiving the same kind of written diarrhoea.
SH
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