Consumer credit licence and the cca

[felixx]

Forgive me if I'm wrong but my understand is that if a company has a CONSUMER CREDIT LICENCE then they are govened by the CCA and must abide by it.

For example a DCA has to have a CONSUMER CREDIT LICENCE and is therfore SUBJECT to the CCA.and

The reason I ask is I have notice a default on my CRF which was placed there by British gas now they have a CONSUMER CREDIT LICENCE, but I have emails from the head of legal stating they are not govened by the CCA and and can place a default on your CRF at anytime they like without have to follow the CCA and send out the required letters.

[bluebottle]

Re: Consumer credit licence and the cca

Have you been sent a Default Notice by British Gas? Also, to the best of my knowledge and belief, they can only place a default on your credit file if your account is actually in default. Speak to your local Trading Standards Department. Most have a Trading Standards Officer specialising in Consumer Credit and financial matters.

DCAs have to have a CCA licence by law. They would be committing a criminal offence if they operated without one.

If your account is in order, British Gas may be committing a breach of the Data Protection Act 1998 or, possibly, Section 2, Protection from Harassment Act 1997. British Gas has a history of harassment of its customers, culminating in the ruling in the case of Ferguson -v- British Gas Trading 2009. Ask the Head of British Gas's Legal Department if they are a solicitor or barrister, then report them to the Solicitors Regulation Authority (SRA) or Bar Standards Board (BSB), as what they have said to you in the emails may breach the SRA's or BSB's Code of Conduct.

[felixx]

Re: Consumer credit licence and the cca

Hi bluebottle no they have never sent me a Default Notice which is why I queried it with them and they informed me that they don't need to as they say their not governed by the CCA. Yet according to consumer direct they are governed by the CCA.

I no longer have an account with them but I do have an outstanding amount from an old account, I'm just trying to establish the legality of this default as I have had a lengthy on going personal battle with British gas over a few things since 2009. And on 2 occasion they have had to back down a concede defeat

Have you been sent a Default Notice by British Gas? Also, to the best of my knowledge and belief, they can only place a default on your credit file if your account is actually in default. Speak to your local Trading Standards Department. Most have a Trading Standards Officer specialising in Consumer Credit and financial matters.

DCAs have to have a CCA licence by law. They would be committing a criminal offence if they operated without one.

If your account is in order, British Gas may be committing a breach of the Data Protection Act 1998 or, possibly, Section 2, Protection from Harassment Act 1997. British Gas has a history of harassment of its customers, culminating in the ruling in the case of Ferguson -v- British Gas Trading 2009. Ask the Head of British Gas's Legal Department if they are a solicitor or barrister, then report them to the Solicitors Regulation Authority (SRA) or Bar Standards Board (BSB), as what they have said to you in the emails may breach the SRA's or BSB's Code of Conduct.

[bluebottle]

Re: Consumer credit licence and the cca

Hi bluebottle no they have never sent me a Default Notice which is why I queried it with them and they informed me that they don't need to as they say their not governed by the CCA. Yet according to consumer direct they are governed by the CCA.

I no longer have an account with them but I do have an outstanding amount from an old account, I'm just trying to establish the legality of this default as I have had a lengthy on going personal battle with British gas over a few things since 2009. And on 2 occasion they have had to back down a concede defeat

I've had a look through some other threads and it would be a good idea to contact the Information Commissioner's Office (ICO) about the default on your credit file. The ICO's website is at www.ico.gov.uk. You may need to send British Gas a Subject Access Review (SAR) under Section 7, Data Protection Act 1998.