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

nekosuki

MrsTine wrote: »

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

Nope, not at all. My point was with regards to being chased for a debt they didn't know about being written off under the law on statue limitations - it wouldn't surprise me if the reason they didn't know about it was because some kindly ol' DCA had pulled it out of thin air!

MrsTinks

Because it's less emotive when it's a "discussion thread" than if someone thinks they are being directly judged because it's their thread

And I agree it's easier to use the CCA option - not saying it's the best way but I certainly have no issue with it having been used in that case - I'd still have pursued the fraud angle and legal action against the DCA once I had informed them that it was a case of fraud Because I think that would be more likely to make them pay attention than simply CCAing them And I'm cantankerous and confrontational when it comes to DCAs I LOATHE them :P

never-in-doubt

gilligansyle wrote: »

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.

You're in the right part of the forum - those that preach tend not to live in DFW boards cos they are sooo perfect remember :beer:

But you're right, it's easier to go down CCA route and play games with the DCA - why not, something to do! :rotfl:

never-in-doubt

nekosuki wrote: »

Nope, not at all. My point was with regards to being chased for a debt they didn't know about being written off under the law on statue limitations - it wouldn't surprise me if the reason they didn't know about it was because some kindly ol' DCA had pulled it out of thin air!

Like the case shown on watchdog you mean, where they showed the DCA lying and using whatever tactic to get money - even saying that the person could lose their pension - shocking! :eek:

MrsTinks

nekosuki wrote: »

Nope, not at all. My point was with regards to being chased for a debt they didn't know about being written off under the law on statue limitations - it wouldn't surprise me if the reason they didn't know about it was because some kindly ol' DCA had pulled it out of thin air!

I entirely agree with My one and only running with a DCA was under similar circumstances... I had a loan - I consolidated (DOH!) with the SAME bank (infact TWICE with the same bank) but somehow they failed to close down the original loan - cue well over 6 years later and a DCA wanted dosh for the original loan - I "politely" pointed out I didn't owe anything thank you very much - if I had then no doubt the bank would have told me in the following 8 years I continued to bank with them
They decided to try and ignore that and I pointed out that the debt was unenforcable and they tried the "but don't you think you should repay what you owe?" at which point i pointed out I owed NOTHING, both because I had paid off the debt but also because the debt was statute barred. And then I was helpful to tell them that should they try to sell on the debt, pursue me for the debt or infact EVER contact me for that debt again I would consider it harassment and have no issue taking action against the company and every single employee involved in trying to recover the ficticious debt. And I would have done too... I never heard from them again btw

nekosuki

never-in-doubt wrote: »

Like the case shown on watchdog you mean, where they showed the DCA lying and using whatever tactic to get money - even saying that the person could lose their pension - shocking! :eek:

... you are kidding.

Jeez, is there a diploma in BS that you need to pass to become one of these characters??

rog2

never-in-doubt wrote: »

gilligansyle

If he put them into his B/R then only half would be wiped and if you write to the lender and ask them to reconsider or they get £0 - they may well let you pay just your half, after all, his half is now legally unrecoverable (unless he omitted from the deed which seems to be the case)....

Not quite true I'm afraid, nid;

In the case of any joint debt, if one of the debtors declares bankruptcy, then the creditor is legally entitled to pursue the other signatory for the whole of the balance of the debt.

MrsTinks

rog2 wrote: »

Not quite true I'm afraid, nid;

In the case of any joint debt, if one of the debtors declares bankruptcy, then the creditor is legally entitled to pursue the other signatory for the whole of the balance of the debt.

Dang I missed that post! Blast it!

Second what rog said (and actually what I said several times too )

MrsTinks

nekosuki wrote: »

... you are kidding.

Jeez, is there a diploma in BS that you need to pass to become one of these characters??

No but you have to leave your decency and scruples at the door every morning on the way to work... And as you clock in you pick up your "lying, scheeming and manipulation" package before you pick up the phone

They're standard issue

thechippy

I think the lending institutions bring these actions on themselves.

You are with a bank for years, take credit as you can afford to make the payments and wish to do so honourably, Always make your payments on time, but then circumstances change.

1. Redundancy, and can’t find another job.
2. Find another job, but less money.
3. Illness
4. S/E and work drying up

All number of things could happen.

You ask the bank for help as you still wish to try and pay towards the debts, but they are less than helpful. Often just making things worse by adding charges and refusing to stop interest.

They then sell the debt to a dca for silly pence in the £ who then hounds you to death.
Why don’t they offer to reduce the amount of debt to the customer instead of offering it to a dca? You could then pay them an affordable amount each month until the debt is cleared.

Dca’s are just the scum of the earth, making money from people’s misfortune.

If I found myself in a position struggling to meet payments in full and the bank wont help, then rest assured I’ll go the route of invalid cca’s and dn’s.
Why? Because they will bloody deserve it for not trying to help.

All morals will be thrown aside.