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Alan Patridge

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Everything posted by Alan Patridge

  1. Hi all, something I'm currently unsure of. What costs are payable by the creditor should they wish to apply for a CCJ, and what costs are payable by the debtor? I'm assuming that some sort of application/processing fee would be paid by the creditor, and this itself would be unrecoverable? (I'm just guessing here mind). I'm also assuming that if the debtor attempts to defend the CCJ and is unsuccessful, that they pay the creditors legal costs? I've heard some stories of rogue CCJ applications from DCA's who have bought a debt. Let's say hypothetically that you've agreed in writing to pay a fixed ammount subject to review to the DCA. The DCA can't force you to complete an income and expenditure form, so you offer to keep up payments at the same level at review time. The DCA isn't happy at this (they wanted to scare the debtor into sending the I&E form), so starts the nasty letters routine, let's say they somehow manage to default the debtor (can't see how as you haven't defaulted on an agreement, but no doubt they could try anyway), and apply for a CCJ, what's the likely outcome in court? Would the judge just laugh them out of the door? I'm trying to get a strategical advantage on behalf of a friend, while dealing with my old friends Global Debt Recovery. I know they're full of donkey dung, but talk of CCJ's is scaring my friend, and no ammount of me saying "they're talking rubbish" is helping calm them down.
  2. Ratio have gone under? Oh lord lol. Well, I'm quite philosophical about the whole situation to be honest. If it weren't for their initial (clearly misplaced) enthusiasm, I wouldn't have googled some of the things they said. I wouldn't have found CAG and learned about CCA's, SAR's, Telephone Harrassment, Notices of Assignment, Deeds of Assignment, Data protection etc. Annoyed at losing £490? A little. Pleased at finding this site and learning shedloads - most definitely. I'm in a much stronger position now.
  3. I decided today, to do a bit of detective work and see if I could satisfy something I've been curious about for a while. Raking through old files, I found a letter from Global Debt Recovery, telling me if I don't ring them immediately that they'd pass my account to their "solicitors - GM Law". There's an old post on here somewhere I'm sure which claims GM Law consists of a desk at the end of GDR's office with a couple of guys pretending to be solicitors. I've recently read another thread which suggests GM Law is actually a trading name of Merchant Legal http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/225481-problem-global-please-help-3.html . Merchant Legal are based at the same KT3 4QW offices as GDR. I thought I'd check the Law Society website, and search for KT3 4QW. Merchant Legal are registered as solicitors - but no mention of GM Law. So, I thought I'd give Merchant Legal a ring and ask for GM Law - just to see what the response was. When I rang - the lady who answered told me I'd have to ring another number. When I asked her to transfer me, she claimed she couldn't. When I asked whether GM Law were part of Merchant Legal or a separate company altogether, she refused to answer and simply repeated I'd have to call the other number. This would suggest it's another company, but that she for some reason didn't want to say that over the phone. As I'd long suspected GM Law were just an alias of GDR, I decided to ring the number Merchant Legal had given me for GM Law, and ask for one of GDR's monkeys by name. After a brief recorded message telling me I was through to GM Law, and to wait for an operator, I got through to somebody who simply answered "hello can I help". I asked for the GDR operative, and lo and behold I was told he was busy on another call. So GM Law's number does simply go through to GDR. This would seem to backup a previous post suggesting GM Law is just a desk within GDR. Now I'm making assumptions here, but for all the threats of court action and CCJ's, I haven't been able to find any information on GDR or GM Law actually taking anyone to court. Maybe I haven't looked thoroughly enough, or it could be it's an idle threat. If GM Law isn't a real law firm, it would stand to reason they wouldn't be any more useful in a court situation than GDR themselves, and that their only purpose is to make GDR's letters appear more scary and official sounding. What intrigues me is the relationship between GM Law/GDR and Merchant Legal. They're based in the same rather dumpish office block (looks dumpish on Google Street View anyway lol). I'd be interested to know if anyone else has any information on this very cosy sounding arrangement. Why would Merchant Legals operator refuse to transfer me, yet also refuse to tell me whether GM Law was anything to do with them or not? Out of interest, I googled the direct line for one of GDR's monkeys the other day and it brought up an 11 year old Almera for sale. Glad to see these characters are doing well for themselves lol.
  4. As ceberusalert says, first request a copy of your Consumer Credit Agreement, using the templates on here. If they can't supply a proper CCA within the required timescale, then the debt would be unenforcible in court, and the Debt Collection Agency would know it and probably be more inclined to play ball and accept the offer rather than getting nothing.
  5. I'm not sure about CCJ's (never had one), but I have had defaults in the past. I believe defaults drop off 6 years after they are last updated. Mine dropped off 6 years after being issued as nobody updated them. I believe CCJ's can drop off your file in the same way, but are still searchable via the courts (I think, I'm no expert). As for receiving two CCJ's for the same thing - could it be that you had a bank account with Abbey and a loan/credit card with Abbey? I had a bank account and loan with the same bank, and my overdraft was clear. Despite ringing and writing to the bank to say I couldn't keep up the full repayments, they still continued to debit my bank account running up an overdraft. They eventually issued two defaults - one for the loan, and one for the overdraft they'd ran up themselves. I eventually (after numerous letters to about 4 different managers) got a sympathetic response from the bank and they agreed to remove the default for the overdraft. If you had numerous other debts in the past which aren't on your file, I'd be wary of scavengers. What you might find is that clowns like Global Debt Recovery Ltd and Capquest might have bought some of the debt that is no longer on your credit file (they buy this debt for peanuts as the banks have long given up on getting paid) and will attempt to collect by sending all sorts of nonsense letters, pressurising phone calls etc. If it's over 6 years since you acknowledged any of these other debts, they'll be statute barred and they can't legally collect - not unless you acknowledge the debt in anyway - so be on your toes if anyone rings and don't acknowledge any of your other debts. I wouldn't be so worried if you ever have to go back to court though (assuming you didn't attend the first time). From experience of sitting in on a relatives bankrupty, they're not like you'd expect. They're not like the criminal courts (which some creditors would make you believe so as to scare the crap out of you). It's basically a nice comfy room with a big mahogany desk, and some 'The Matrix' style leather chairs. The judge is polite and is usually very much on the side of the debtor and their struggle. CCJ's will affect your credit sure, but if you can live in the black with cash it's not as bad as it used to be. I remember having to leave a watch as security at a garage when they wouldn't accept my Solo card some years ago (a Solo debit card being the only one I could get with defaults). These days you can get pre-paid Mastercards so you're not carrying cash around with you everywhere. Seriously I wouldn't worry too much, just take it step by step and read as much of the stuff on here that you can.
  6. Statute Barred means you haven't acknowledged the debt for so long that they can't legally force you to pay it. Don't ring or write to them acknowledging the debt is yours and they can do bugger all about it. If you make the mistake of picking the phone up to anyone who tries to get you to give your name or date of birth - politely say "I don't know you, good day". The DCA is probably a scavenger who has bought the debt from Capital One for peanuts as Capital One know they can't collect on it. The DCA will now no doubt try and scare you into paying with all sorts of ridiculous letters claiming they can issue defaults, CCJ's, send the bailiffs in etc - it's all bollocks. These people operate and make a profit by buying the debts the banks don't want for next to nothing, and hoping they can prey on peoples ignorance and scare a few people into paying up. Ignore all letters and if you do answer the phone and they bypass their own "security" crap and start shouting at you, just let them shout, chuckle loudly, and put the phone down.
  7. Reading a few posts on here, I'm yet to find anyone who has had a Default entered (or updated from the original creditor) on their file by the DCA "Global Debt Recovery Ltd". Have any of you guys and gals ever had anything entered onto your file from Global? I read elsewhere that they only have the registration to read files and not to write to them.
  8. Yeah, I was told that yesterday.
  9. I thought I'd give Ratio Money a try, so I could exact a bit of revenge on the bank for some awful customer service when I was ill. So far my experiences mirror most of the folks on here, poor communication and very little progress other than cases being passed around from solicitor to solicitor. I've long given up on actually making any progress. What I'm concerned about now is not being landed with any legal bills. I've been told by Ratio that both of my claims look to be non compliant. One has been passed to solicitors, the other is due to be passed to solicitors. Am I correct in thinking that assuming the solicitors confirm there's a claim, that the next step would be to sign some sort of agreement with that solicitor? If I pulled the plug now without signing anything, would I likely have anything further to pay? Not sure what to do yet, I simply don't want to find myself with a huge bill for a punt which looks (so far) to have been unsuccessful.
  10. Also, regards ukaviators post. If you do request a CCA (Consumer Credit Agreement), the chances of Global actually having one (I believe), will be almost 0. Be prepared for them to try and send some sort of crappy screen print of some sort of statement from the past, or some sort of mocked up agreement without your signature. It's highly unlikely they'll have the proper pucka agreement to send, so don't just accept what they say when they try and claim what they've sent is adequate.
  11. I wouldn't panic too much. Global Debt Recovery are scavengers pure and simple. Once upon a time they appeared to be legtimate, collecting on behalf of Lloyds TSB and other banks, but since then it would appear they've concentrated on buying up rights to debt that largely can't be collected on. The debts they buy and try to collect on are usually either statute barred, or have no enforcible credit agreement. Why do they buy these debts? I can only assume they've bought a massive job lot of crappy debt that the banks don't want for peanuts, and are simply hoping that a small percentage of people are so scared by their bluff and bluster that they pay up, outweighing those who just ignore their tactics. They'll make an overall profit by gambling that a few people will pay up in full - not knowing that they actually don't have to pay a thing. Their usual course of action is like this (although it might differ in some cases)....they'll claim that "FV-1" has bought your debt from a bank/finance company, and that FV-1 has assigned Global Debt Recovery to collect on their behalf. What I really believe to be the case is that FV-1 (an American organisation I believe) are part owned by some of the same people who own Global. Why Global didn't "buy" the debts themselves is anyones guess, although I'd suspect it's something to do with keeping the image of being collectors, as opposed to owners of the debt. From what I've read on here and elsewhere, "Tower Investigations" is simply a desk, in an office owned by Global. So from what I'd see, the whole Tower/FV-1/Global merry go round is simply a charade to make it all look part of a legitimate process, as opposed to just one company ringing up saying "look we've bought your debt for peanuts, we want to try and screw a profit out of you". What usually happens with Global is that they'll start to send out the same form letters with largely random timing. If they've bought two of your old debts, they sometimes don't even pay attention to what they're sending out. They'll send a reduced offer of settlement letter for one debt, and a demand for income details letter for another debt. At first the letters look intimidating, but that soon wears off. Last time I looked, Global had the correct registration with the data protection registrar to look at your credit file, but NOT to update your credit file. If any defaults/ccj's etc have since dropped off your file because of the 6 year rule, I believe they can't be ressurected, and Global have no power to add a new default to your file. You'll probably find as they get more desperate, or as the manager is leaning on the office monkeys, you'll start to get phone calls from them stating that they MUST speak to you as a matter of extreme urgency. This is complete crap. Just tell them to "I will communicate in writing only, good day" and put the phone down. If you ever make the mistake of speaking to them on the phone (they'll insist they have the right to do this - they DON'T), they'll talk over you, talk down to you, try and intimidate you and come up with all sorts of nonsense to get you to pay. Another recent post on here states that one of their monkeys rang up demanding £20'000 that he knew he couldn't collect on, so ended up reducing his demand to just over £1'000. It's like a punt to them, they've paid a few hundred for some unenforcible debts, and where they can, they'll see if they can bag the big one - £20'000 they're not entitled to.
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