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

milliemonster

Personally, I feel that paying back my debts has been necessary to help me undergo that magical transformation of 'learning to stick to a budget', all our debts have been made up of overspending, so yes it's all our fault. We had consolidation after consolidation until we could consolidate no more, each time saying we wouldn't run up the cards again, but we did.

If I could have had all our debts wiped (which I am pretty sure we could get 2/3rds of it as they are old very old CC's) then I don't think it would have taught me anything and I would still be carrying on spending like we used to.

But, I guess we are fortunate that our circumstances haven't altered so we are financially able to comfortably pay our debt off. If one of us lost our jobs, things would be very different and I would probably go down this route. Why?, well yes I believe that I've had the money so should pay it back, but I also think I probably have already paid back what I owed, I believe I'm now just paying the interest thats been added over the years, whilever I can pay it back , I will but if things ever changed and we couldn't afford to, I would look at this before going on a DMP for the rest of my life

MrsTinks

People who PURPOSELY avoid their debts for 6 years to avoid paying them back grrrrr

People who get chased for a debt they didn't know about, thought they had paid off etc then fair enough on the statute of limitations.

nekosuki

MrsTine wrote: »

People who PURPOSELY avoid their debts for 6 years to avoid paying them back grrrrr

People who get chased for a debt they didn't know about, thought they had paid off etc then fair enough on the statute of limitations.

Aye, am quite sure unscrupulous DCA's send out letters to vulnerable people on the "off-chance" that they can scare them into paying something on a make-believe debt that they have no knowledge of.

gilligansyle

Toto wrote: »

I don't think it's that he forgot, joint debts become the responsibility of the other person if one of the debtors goes bankrupt. So, sadly for you his half of the debt transfers to you as he is bankrupt.

But as he didn't include them, they chase me for all of it! Why should that be right, bearing in mind that I knew nothing about it, he produced the paperwork to the bank and he signed for it, my signature is not on it anywhere. That is why I refuse to pay it.

He went BR for £45k and should have included this.

gilligansyle

never-in-doubt wrote: »

gilligansyle

I

Point is, you're being hypocritcal by saying you'll use s.88 to suit your needs but otherwise don't agree with it... lol, whatever!

I'm not sure I've said that, what I don't like is people who have no intention of paying anything back and using the law. I intend to pay back what I have borrowed and know about. Stuff taken out in my name without my knowledge is something else entirely.

MrsTinks

gilligansyle wrote: »

But as he didn't include them, they chase me for all of it! Why should that be right, bearing in mind that I knew nothing about it, he produced the paperwork to the bank and he signed for it, my signature is not on it anywhere. That is why I refuse to pay it.

He went BR for £45k and should have included this.

In which case it's not a matter of a joint loan gone bad - it's a simple case of fraud on his part as he took out debt in your name without your consent

MrsTinks

nekosuki wrote: »

Aye, am quite sure unscrupulous DCA's send out letters to vulnerable people on the "off-chance" that they can scare them into paying something on a make-believe debt that they have no knowledge of.

But that still doesn't make 2 wrongs a right does it?

never-in-doubt

gilligansyle wrote: »

I'm not sure I've said that, what I don't like is people who have no intention of paying anything back and using the law. I intend to pay back what I have borrowed and know about. Stuff taken out in my name without my knowledge is something else entirely.

What you just said about the loan, if your name aint on thye agreement then you aint liable - simple! But then you'd have to utilise the CCA approach to deal with it.... want help? See here and i'll help you! Unenforceability & Template Letters II

MrsTinks

gilligansyle wrote: »

I'm not sure I've said that, what I don't like is people who have no intention of paying anything back and using the law. I intend to pay back what I have borrowed and know about. Stuff taken out in my name without my knowledge is something else entirely.

Yes but you didn't make clear that it was actually a case of fraud in your earlier post - it read like you and he had taken out a loan together - not that he'd done it without your knowledge. 2 totally seperate matters altogether

gilligansyle

MrsTine wrote: »

In which case it's not a matter of a joint loan gone bad - it's a simple case of fraud on his part as he took out debt in your name without your consent

Yep. But try telling that to a DCA. Far easier to get a copy of the CCA and prove that its unenforceable.

BTW - how come if these issues are raised in an individuals thread they become a slanging match, but this is a bit restrained.