Debtors taking DCA's to court?

mr.ton

I read with interest the thread about "DCA's taking to court"...
So it got me thinking - are we seeing more instances of debtors taking DCA's to court?
DCA's are powerless private companies at the end of the day & all they can do is threaten people for money.
There were laws against that type of thing the last time i looked?
Its for the court system to decide if someone owes money, not the debt collection industry in my view.
I have known instances of people taking out injunctions against DCA's & even obtaining compensation off them for harassment.
So it would seem that the continuing consumer rebellion is having more of an effect on the debt industry than we realize.
You only have to read their forums & the comments they make, to realize the panic they are in :rotfl:

bottleofred

Hi Mr.Ton,

I think some people have become more aware of their rights regarding harassment by DCAs, but also think the amount of people taking them to court for harassment etc is a small %. Lets face it, DCAs bank on people not knowing what their rights actually are and use all the threats to get people to pay. Therefore, while there is awareness and sites like this promote the awareness, from the new posts that are put on the forum every day, more awareness is required to prevent harassment of people who for whatever reason end up in financial trouble.

aimingforadebtfreelife

DCAs are aware nowadays of people knowing more about their rights and it seems a couple of DCAs are being choosy who they take on. I know of a couple of instances, mine included, whereas a DCA will search your credit file to see if you have a mortgage (yes they can search without your consent). If you have a mortgage they will take the debt on and pressure you for a decent repayment proposal or put a charging order on your house. If you are in rented the chances of success if you make a token payments are very slim and not profitable for them. As face it when you do come to sell the house they will get back the full amount of the debt.

mr.ton

On the subject of them getting a charging order?
I would assume that the person would have legal protections on that score?
What i mean by that is - they couldnt just apply the charging order without a courts say so & even then, the person would have ample opportunity to exercise their legal rights and have the charging order removed if they complain that it was unfairly applied?

Deep_In_Debt

mr.ton wrote: »

On the subject of them getting a charging order?
I would assume that the person would have legal protections on that score?
What i mean by that is - they couldnt just apply the charging order without a courts say so & even then, the person would have ample opportunity to exercise their legal rights and have the charging order removed if they complain that it was unfairly applied?

Yes, the debtor can fight it. DCA's can't just go for the CO without going via the courts.

eyeopener2

And not only that, just because a DCA says " we are going to get a charging order" doesn't mean they will get one.

First they have to obtain a CCJ, and the only person who can give a ccj is a Judge, not a DCA

The only person who can grant a charging order is Judge, not a DCA.

Although the way DCA's talk you would think they are jury, judge and executioner.

They are not.

Hannah_10

I love that phrase "we're going to GET"...

No mate, you're going to APPLY FOR and then I am going to DEFEND and someone who has absolutly no loyalty to you, your company, or I, who has a lifetimes experience on trying to set down a fair solution and who knows the law backwards is going to rule on it. Still fancy your chances? See you there.

mr.ton

I love the way they say "We are going to get your credit file" - makes it sound like they are just gonna pick it up from somewhere lol
I just wonder what the CRA's actually say to the DCA's when they say they wanna see a persons credit file.....or are they only too willing to hand it over to them?