We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

"Beat the Bailiffs" FB Group

Options
124»

Comments

  • 3 letter process ...is when you have a genuine dispute and not for everyone to do just because they think they can get out of a debt...if that is the case it will usually result in the creditor deciding that a CCJ is prefereable as they've now proved the debt is owed and if you have a property why not go for a Charging Order or if its jointly owned a restriction?



    I know why don't you put the word vexatious in as well? They always goes down a treat and leads to them paying more attention to your debt.
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    I'm going to wade in here with a [partial] defence of the FB suggestion. If @chasingsolvency were to take @Stevespy's suggestion as a start of her process then some of the debts might be zero'd.

    The aim here would be to get the amount down to under £20K for a DRO (£90) rather than £680 for bankruptcy. As a caveat, I am unsure where Scots Law might affect this and professional advice from a local CAB should be sought.

    Going back to some of these FB groups, they have a grasp of the principles of assignment back lack the depth of knowledge to challenge these if it were to go to a court. With all due respect to the pro-/anti- FB views, there are legal solutions available but it takes a qualified person to see them through. A "3 step solution" inappropriately applied with limited knowledge is just asking for trouble.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • Stevespy
    Stevespy Posts: 7 Forumite
    The Three Letter Process is writing off lots of debts. Check out the group and see just how many debt buyers are closing the accounts in response to the 3 Letter Process. Proof is in the pudding! Hundreds of Thousands of Pounds being written off.

    They buy the debts in bulk, initially without ANY paperwork. When challenged they run to the original creditor (if they can) and try to get the original contract. Many fail at this as the record are often simply not kept or the Original Creditor no longer is in business.

    If they can prove the original debt exists, they the have the problem of confirming Absolute Assignment as per Section 136 of the Law of Property Act 1925.

    The Supreme court legislation that says they have to provide the DEED of Assignment is this:

    See (Van Lynn Developments v Pelias Construction Co Ltd 1968.[3] All ER 824) Where Lord Denning MR said " the debtor is entitled to view the sale agreement to ensure that the assignee can give him good discharge under the contract"

    Also; [Webster v Ridgeway (2009) ] " Where a debtor is entitled to see a redacted version.


    Anyone dealing with a debt buyer should check out the 3 Letter process, which we help people with, all the way to court if necessary, before signing up for a more expensive Government promoted option. IVA's last 5-6 years, Bankruptcy costs £680 and last 12 months etc.

    Three Letters only costs the price of 3 letters and takes 42 days to complete. (14 days between letters)

    Write 3 letters, see if they close the account (many do!!!) and then look at other options :)
  • sourcrates
    sourcrates Posts: 31,494 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    fatbelly wrote: »
    It's difficult to know where to start on that post. Every paragraph has errors in it and we haven't even seen the three letters yet. You might as well tell the creditor that you're from the planet Zog and Earth laws do not apply.


    They are downloadable from various websites, i`ve just had a look at them, dubious would be the best description i could come up with for them.


    Under what legislation they make these assumptions i dont know, fair enough, i dislike debt collectors/buyers mainly for the reasons they state, but i`m not certain this is the way to go about beating them.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • TheGardener
    TheGardener Posts: 3,303 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    sourcrates wrote: »
    ... but i`m not certain this is the way to go about beating them.

    You're right - its not.
    This thread gets bumped now and again by stevespy.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.7K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 257.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.