DCA guilty of fraud?

Halifax_sux

!!! wrote: »

Of course a DCA can request full payment if they feel you are dragging your heels.

If it is being paid, as per the CCJ (which it was), no it can'!

!!! wrote: »

Lloyd’s have got better things to do than chase debts so enlisted a DCA to do so

And bankers are BANKERS.

Ergates

Halifax_sux wrote: »

Thanks for the reply and great advice.
Although i'm concerned that the debt will outlive me and my kids will just pay whatever they are asked when i'm gone, i.e. their inflated figure.
I would prefer to get their sums corrected so my kids only pay what i legally owe.
Makes joke about not paying for Lloyd's Christmas party :rotfl:
Thanks again, appreciated.

Your kids won't have to pay anything - your debt dies with you. Your creditors can make a claim against your estate, but based on what you've said above, you won't be leaving one (is that right?).

Halifax_sux wrote: »

So just a coincidence then?

Yes.

Halifax_sux wrote: »

So DCA's are allowed to demand full repayment when they are not entitled to?

No. But they do make mistakes - Fraud would imply it was deliberate.

MEM62

Halifax_sux wrote: »

Sorry but your mind-reading skills are rubbish.
Plus i'm a pensioner. No assets. No benefits. Windows so rotten they're almost falling out. I've had my heating on for one hour today, i may put it on later for another hour. I'm sitting here wearing a jumper with a blanket round my legs. I've got my gas, elec & water bills down to an absolute minimum. I don't drink, smoke, go out, i only have freeview. Where do i get the money from to repay it? And i suppose i should pay the extra that Lloyd's added on too?
Thanks for your thoughtful advice.

Then why are you paying this at all? Surely an income and expenditure statement would show the court that you do not have the means to settle this debt and that that it is therefore uncollectable.

On a slightly different track, I am sorry to hear of your circumstances. Have you checked to ensure that you are getting all the financial assistance & benefits that you are entitled to?

Halifax_sux wrote: »

Is being totally ignored an impasse?

No. At that point you need to go down the formal complain route. However, given your circumstances you should question whether any payment is affordable in the first place.

Halifax_sux

Many thanks MEM62.
The CCJ is only a nominal payment of £1 per month, which i can afford and i have checked, except for something off my Council Tax, i'm now entitled to owt (i do own my house which i would love to sell).
Thanks again.

Halifax_sux

Many thanks ERGATES.
I do own my house, so i meant the debt (including what they've added on) would get paid out of that.
So if i write to say they are wrong and they continue to insist, at what point would it become deliberate?
Thanks again.

Halifax_sux

I've just written to Link, viz:

Thank you for your statement dated 23/10/2018 showing that I have not missed any repayments, even though you state that I have “not maintain[ed] payments in accordance with the terms of the original agreement so the full amount became due”.

I understand that you have might have made a genuine mistake and I accept that. As I have now pointed out your mistake, I trust you will immediately cease your demands. However, if you continue to insist that full repayment is due I can only assume that you are acting with intent and therefore committing an act of fraud.

I'll let you know what happens.
Thanks again everyone.

[Deleted User]

It’s not an act of fraud.

If you say that to them they will laugh you out the door.

fatbelly

It's OK apart from the last sentence although I don't think I would write it at all

If they want a charging order there is nothing stopping them.

If they want a higher repayment they can apply for a 'redetermination.'

Halifax_sux

!!! wrote: »

It’s not an act of fraud.

If i might quote above comment from ERGATES :

Fraud would imply it was deliberate.

[Deleted User]

It’s still not fraud