b w legal , stat demands in scotland, and the fca - complaint

[Amethyst]

With a number of recent statutory demands being served by b w legal (or walker love on their behalf) for Lowell, and their ignorance over the returned denial slips continuing to threaten sequestration petitions, I wonder whether a complaint should be made to the FCA.

I'm sure we only see a tiny proportion of cases on here, and others may not realise that the letter following return of the denial slip is simply b*ll*cks. Once the denial has been returned then they cannot proceed with a petition for sequestration , although they can take court action.

To me it seems they are hoping people will be scared by the threat of bankruptcy and just pay up, not realising they simply don't have the right.

If the four/five cases on here all wrote complaints to the fca it might have some effect? We could draft a complaint using the new consumer credit sourcebook rules ?

[Amethyst]

Re: b w legal , stat demands and the fca - complaint

CoNC.

Proportionality


CONC 7.3.14

01/04/2014

FCA



(1) A firm must not take disproportionate action against a
customer in arrears or default.

[Note: paragraphs 7.14 (box) of ILG and 3.7t of DCG]

(2) In
accordance with (1) a firm must not, in particular, apply to court for an order
for sale or submit a bankruptcy petition, without first having fully explored
any more proportionate options.

[Note: paragraph 7.14 (box) of ILG]





CONC 7.3.15

01/04/2014

FCA


A firm should not make undue, excessive or otherwise unfair
use of statutory demands (within the meaning of section 268 of the Insolvency
Act 1986) when seeking to recover a debt from a customer.

[Note: paragraphs 7.10 of ILG and 3.7n of DCG]

[Amethyst]

Re: b w legal , stat demands and the fca - complaint

CONC 7.11 Disclosures relating to "authority" or "status"


CONC 7.11.1

01/04/2014

FCA


When contacting customers, a firm must not misrepresent its authority or its legal
position with regards to the debt or debt recovery process.




CONC 7.11.6

01/04/2014

FCA

A firm must1 not suggest or state that action can or will be
taken when legally it cannot be taken

CONC 7.11.7

01/04/2014

FCA

Examples of where a firm is likely to contravene CONC 7.11.6 R include where a firm or a person acting on its behalf:
(1) states or implies that
bankruptcy or sequestration proceedings may be initiated when the balance of the
outstanding debt is too low to qualify for such proceedings;

[ODC]

Re: b w legal , stat demands in scotland, and the fca - complaint

It really is time when this shower of shysters were hit where it hurts. A kick in the wallets.

I know Cel has punished them but its a mere drop in the ocean. They are parasites breeding on peoples misfortunes.

[44man]

Re: b w legal , stat demands in scotland, and the fca - complaint

With a number of recent statutory demands being served by b w legal (or walker love on their behalf) for Lowell, and their ignorance over the returned denial slips continuing to threaten sequestration petitions, I wonder whether a complaint should be made to the FCA.

I'm sure we only see a tiny proportion of cases on here, and others may not realise that the letter following return of the denial slip is simply b*ll*cks. Once the denial has been returned then they cannot proceed with a petition for sequestration , although they can take court action.

To me it seems they are hoping people will be scared by the threat of bankruptcy and just pay up, not realising they simply don't have the right.

If the four/five cases on here all wrote complaints to the fca it might have some effect? We could draft a complaint using the new consumer credit sourcebook rules ?

I would be happy to send in a complaint once mine has been dealt with!