Scotcall - What are my rights if I don't owe?

Gordon_Hose

ashleigh_w76 wrote: »

Thanks very much for all your input everyone!

So when I send them the 'prove it' letter, would I be best to leave off my current address? Should I inform them that I'm no longer at the address they've been sending correspondence too?

If you want them to prove there is a debt then you'll need to supply your current address so they can send you said proof. There's nothing wrong with getting it sorted out, they think you owe money, you think differently. Getting on top of it now will save a lot of hassle further down the line.

Or you can listen to give them FA and get credit upon credit, not ever pay a penny back because DCA's clearly do absolutely nothing about collecting debt. They don't ever issue defaults and they certainly don't go near courts!

If you don't deal with it you will end up with a default on your file, whether you owe the money or not.

Up to you.

give_them_FA

The one I feel sorry for is the OP. He owes nothing to no-one, there is nothing on his credit file, and now he needs to go through all that.

Gordon, I wouldn't be giving the advice I do unless it had worked for me 100% for more than four years. I was in the position of defaulting on 13 credit cards, 4 overdrafts and 2 personal loans, all at once. From getting 3 -4 letters a day, I am now blessed if I get one a month. I don't get phoned, last call was last September. No-one's been near a court. It may not accord with your more orthodox approach, but I believe you can't argue with reality; and the reality is that by ignoring them they all went. Sorry. If you find examples of where people have done what I have and it's backfired on them, then I'll listen, but I haven't seen any.

Gordon_Hose

Good for you, but to say a creditor won't default a debtor or take them to court is wrong. They will, and do. Just because they didn't with you, doesn't mean they won't with anyone else. You're clearly a lucky guy, or a liar.

There is plenty of case law out there that shows they do. There is plenty of case law where creditors have won with reconstituted agreements for all debts post-2007. You have to be very careful nowadays.

winnie_y

i give scotcall 5 ponds a fortnight for a debt so if I canceled they would go away?

nottoolate

https://forums.moneysavingexpert.com/discussion/3805665

https://forums.moneysavingexpert.com/discussion/3794391


https://forums.moneysavingexpert.com/discussion/3798845

Lizzieb151 wrote: »

Hi there,

I am after a bit of advice really, I have a CCJ on my credit report that I got in 2007.
I made payments towards the debt on a monthly basis then stopped (I can't remember why!) Then I got a letter from a dca chasing for the balance which I ignored initially.

https://forums.moneysavingexpert.com/discussion/3792317


and loads loads more if you search the forums

Tixy

Different approaches are suitable in differing circumstances. The way you describe may work for you, it may work for others, but it isn't a blanket option suitable for everyone who receives a letter from a debt collector. You've stated elsewhere that you left the country with your debts - that is quite a different situation to someone who lives in the UK and has assets in the UK, and who has creditors that know their address.

If you spend some time reading on these forums you will see many cases of debt collectors obtaining CCJs against people - for amount ranging from £200 to £25k.
You'll see people having ignored debts and actually been made bankrupt after one of their creditors petitioned for their bankruptcy for debts of just a couple of grand.
You'll see people ending up with charging orders or restrictions on their houses when they didn't even know there was a debt.
You'll see people with CCJs gained at a previous address suddenly have an attachment of earnings and their employer being made aware they have debts that are not repaying - and the difficulties that can cause people.
You'll see debt collectors contacting people's employers and parent's or neighbours trying to chase a debtor (or alleged debtor) - yes its against the data protection guidelines but it does happen.
You'll notice that its becoming apparent that in the last couple of years creditors / debt collectors are becoming much more keen to obtain a CCJ just before a debt becomes statute barred.
You'll see some people don't give a fig about their credit files and don't intend to get more credit, you'll see others that intend to get a mortgage in the next few years and want to do everything they can to minimise the impact past mistakes have made.

There is no one size fits all approach.

Sorry to the OP that your thread has been hijacked by this discussion. Hope you got the advice you needed.

give_them_FA

Not immediately Winnie! The debt wasn't already statute barred before you started paying, was it? lol

Gordon, I am neither particularly lucky, nor a liar. I was lucky in one way, that I found out how debt collectors worked without being at risk; in more prosperous times I used to have a house which was let as bedsits, and I would quite often get DCA letters for tenants who had gone "no forwarding address". Often owing me something, too! I would often contact the DCAs pretending to be them, so I got familiar with their patter, and their way of doing things... and funny enough, I noticed that when I tired of the game and ignored them, none of them did anything.. before the DPA I should add.

I have also spent a fair bit of time in County Courts recovering my own, and others', debts. The first questions you ask before flashing out the Court fee is, am I sure about the debtor's whereabouts? And am I going to be able to enforce it if I get a judgment? I figure the DCAs ask the same questions. So I figured, if I don't give them the answer to those questions, they probably won't chance it. And I have been right. You don't get "lucky" for so long and for so many times. I would surmise that on the occasions that DCAs have taken it to court it has only been after they have satisfied themselves of their ground by contact with the debtor. Do you have any cases otherwise?

Although obviously we have different views on this, I respect yours, and you clearly believe in your view just as I believe in mine.

What I do find disappointing is to be labelled a "troll" by some anonymous sniper when I contribute a lot of time to trying to help people overcome the problems which I have successfully surmounted.

Gordon_Hose

Well, all it takes is for a debtor to take your advice and ignore everything they get in relation to their debts. All they have to do is ignore the letter from Northampton bulk centre and the DCA gets the CCJ awarded because the debtor has followed your advice.

In that respect your advice is wrong. Totally wrong.

To say a DCA would never go anywhere near a court is utter tosh.

nottoolate

give_them_FA wrote: »

They haven't given up because they know I can't be sued in this country, they have gone because they are not willing to risk court fees when I haven't contacted them.

you just have to read threads here to see that is not always true.

telling people that creditors or dcas wont do this or that based on what you 'claim' has happened to you and blinkering yourself to all else is foolhardly at best.

spouting such preposterous and misleading nonsense results in all respect being forfeited i'm afraid.

give_them_FA

Don't put words in my mouth please. I would never suggest that a real Court summons (claim form) be ignored. Very different from ignoring the stereotyped garbage that is the stock in trade of the DCAs. I had enough to paper a small room, how about you guys, are you speaking from experience too?