Using loopholes in the law to avoid paying your debts - discuss ;)

MrsTinks

never-in-doubt wrote: »

See - we do agree after all :j :j

p.s don't forget; spineless parasites that leech on the needy with no concept of law or humane tactics. The scum would rob their own granny to buy a debt to breed I bet...:)

OK ok I grant you there should have been a d) e) and f) but I could go on all day if I didn't stop somewhere

I'm not saying we never agree Just that on ONE point we don't Same as I have views on a lot of things that conflict with those of close friends. It doesn't stop us being friends - I respect their right to have another view and they respect my right to have my view

There are loads of faults with the financial industry, morally and lawfull I'm sure , and in an ideal world we could fix the contracts so they are lawfull, outlaw DCAs, enforce rules on creditors about how to recover debts, make banks treat us like people and not numbers, stop people lying about what action they can take to recover the debts and a lot of other things. Hopefully with consumer power we can slowly start to make inroads into some of those - starting with DCAs if I had a say :cool: Closely followed by fee paying DMP providers who are just as parasitic!
Eventually we may get to where the aprs charged would drop because people would be educated about their choices (or not get into debt to start with... ok that might be a bit much to hope for...) and would laugh at lenders who offer 15%+ apr credit Hey I can dream right?

pepe2008

My situation.
12 creditors.......8 of which have not provided CCA. Fine.
No problems, I borrowed, I'll pay it back...at MY pace with No INTEREST.

One CC sold my 'debt' to a DCA whilst I was repaying through CCCS. They did this after phoning ME to treble my payments and not referring to my DMP provider.

The DCA immediately went for the jugular ( Charging Order, Stat Demand etc, breaking OFT Rules left right and centre!)....I stopped them with CCA request etc.

I now have a Complaint in with Financial Ombudsman against the DCA for their pursuance of a debt without any proof but, more importantly, against the Original creditor for ignoring my up-to-date DMP and their sale of the debt to a DCA without offering me the chance of a settlement figure.

I would be happy to 're-negotiate' the 'debt' with the Original Creditor....but there is no way I'm paying the scummy DCA. They buy up debt as a gamble, break all the rules in trying to enforce it......so they deserve all they get ( or DONT get!)

DONT FORGET>>>>>>COMPLAIN ABOUT EVERYTHING YOU CAN TO THE OFT!!!!!......especially about DCAs

MrsTinks

pepe2008 wrote: »

...there is no way I'm paying the scummy DCA. They buy up debt as a gamble, break all the rules in trying to enforce it......so they deserve all they get ( or DONT get!)

DONT FORGET>>>>>>COMPLAIN ABOUT EVERYTHING YOU CAN TO THE OFT!!!!!......especially about DCAs

100% wholeheartedly agree with you The more people who report DCAs breaking the rules/laws the better!

rog2

pepe2008 wrote: »

No problems, I borrowed, I'll pay it back...at MY pace with No INTEREST.

And that, pepe, is your right - you are not avoiding your debts, nor are you taking advantage of any legal 'loopholes'.

You are, simply, availing yourself of the rights that the Law affords you. :T :T

MrsTinks

EXACTLY what rog2 said :j :j :j

pepe2008

rog2 wrote: »

And that, pepe, is your right - you are not avoiding your debts, nor are you taking advantage of any legal 'loopholes'.

You are, simply, availing yourself of the rights that the Law affords you. :T :T

Spot on Rog! If they treat me like a Human Being, within the Law and the OFT Guidelines, I will treat them likewise and repay the debts fairly and to the best of my ability.

However, step outside of this framework and I will use every available method/ publicity to make sure that they do not receive a penny.

I think thats fair. Using this method I have a wonderful relationship with MBNA, Blair Orrible and Scott and Capital1......where some have had real problems.
MBNA have said to me that they WILL take action against people who are obnoxius TO them and try their best to wriggle out of a debt AS SOON as they start to have problems.......so be careful with the Formal CCA requests!...sometimes a well written person-to-person letter will get you the result you are after...i.e No interest/charges/actions

rog2

pepe2008 wrote: »

Spot on Rog! If they treat me like a Human Being, within the Law and the OFT Guidelines, I will treat them likewise and repay the debts fairly and to the best of my ability.

That certainly rings true to me, pepe. I have followed your progress on the cca thread, and others, over the last year or so, and couldn't agree more.
If we are treated like dogs, and outside of the constraints of the Law, then creditors should not be surprised when we learn to 'bite'. :mad:

gilligansyle

Further to my earlier posts on this thread I think most of us take issue with the bullying tactics of DCA's. Agree with most of the last few posts pepe and rog.

Like others, I have gone the DMP route and have had interest frozen or reduced and am paying back at a rate I can afford now. If my circs change, I will pay more, because I want rid, but any debts that get passed to DCA's are sold on for fractions and that is what annoys me. They will ring and try to make you feel morally obliged to pay extra when you have already come to an agreement and are keeping to it.

On a side but sort of related issue, my Provi agent was telling me that they have been told to triple check every form they fill in to make sure that all the details are correct and if there are any mistakes money is taken out of their wages. Now I know that Provi and Greenwoods are the lenders of last resort, but even they seem to be getting paranoid about people using incorrectly filled in forms as a reason not to pay.

pepe2008

I'll make sure I keep you posted on the progress of my Complaints.

If I can get the debt back to the OC by using the FOS I am hoping that some sort of precedent may be set...i.e DONT sell a debt on without first of all offering the borrower a settlement for a similar figure.

Fingers crossed.

thechippy

pepe2008 wrote: »

I'll make sure I keep you posted on the progress of my Complaints.

If I can get the debt back to the OC by using the FOS I am hoping that some sort of precedent may be set...i.e DONT sell a debt on without first of all offering the borrower a settlement for a similar figure.

Fingers crossed.

I wish you the best with that.....;)