Devils advocate time - Using a CCA Request to "Get out of paying a debt"

[Seahorse]

With you Seahorse (and others)..The question remains: If you owed Barclays £5000 and they sold the debt for £400, why couldn't have Barclay's offered you that same deal?? Why sell it to a DCA for that amount and not you? Where's the moral's in that deal (Barclays to DCA) ?

 

EXACTLY the point I've been trying to make P. And as I've pointed out somewhere else I think, Barclaycad's (as an example) books look an awful lot better without a nasty deficit showing when it comes near to year end, so it's better to ditch it altogether for a fraction of its worth, rather than have it dragging on for at least another year. Well, that's what I think anyway, rightly or wrongly.

[sequenci]

 

If you were being chased for a debt that was statute barred, would you still feel an overwhelming desire to put your hands up and say, it's a fair cop; here's your cash?

 

brilliant point, alhough i really do think that 6/12 years are reasonable timescales for a creditor to chase for a debt.

[tiglet]

I absolutely agree - I have had two DCA's pursue for the same debt (I assume - neither has provided me with any details) at my Mum's address without ever contacting me there for a debt which is supposed to be 10 years old.

 

Both told me I had to prove I didn't owe the debt, they didn't have to prove I did. Both were really rude and not interested in anything other than getting money out of me.

 

"statute barred, statute barred" they heard me cry.

[ODC]

I absolutely agree - I have had two DCA's pursue for the same debt (I assume - neither has provided me with any details) at my Mum's address without ever contacting me there for a debt which is supposed to be 10 years old.

 

Both told me I had to prove I didn't owe the debt, they didn't have to prove I did. Both were really rude and not interested in anything other than getting money out of me.

 

"statute barred, statute barred" they heard me cry.

 

They do not appear to realise that he who alleges must prove.

[sequenci]

i think the general consensus from this thread proves that there really needs to be more regulation within the debt collection industry, i'm hoping that complaints will be a whole lot easier when the FOS take over the juristiction.

[ladybird17]

One's morals & ethics are one's own affair. This site is not about morals. And in answer to the OP, yes I am sure that there are people out there who are using the CCA route to renege on a debt. That's their business, no one elses. There are some very valid points on here about DCA's, & when you read about the colossal distress caused by their tactics, there seems to be no doubt that far more stringent regulations should be applied to their MO's.

(IMHO of course!)

[tiglet]

IMHO you are right :grin: as I said in an earlier post, morality is not objective, it's a subjective matter and is up to one's own conscience.

 

The law is a different matter altogether.

[Jaranius]

xx

[tiglet]

That is absolutely dreadful - that's why morality can't come into it - **** like this have none.

[Guest Gertie100]

Unfortunately it all comes down to how "moral" we feel at a specific time - I went into great debt in the late 90s due to a partner who had dellusions of grandeur when it came to a business proposition. I walked away from the relationship in 1999 owing about £10k personal debt. The only people who have approached me to pay it back is the student loans company which I have now finished paying (and celebrated when I knew it was finished!!) but if I applied for my credit report I know that the CCj list etc would be long and distinguished...should I lift my head above the parapit? Would you?

Anyway - contrary to popular belief, it has not affected my credit rating - I have had 2 mortgages since 2002 (1 single and 1 joint), various credits cards and loans. So how? If my credit rating is so bad?

 

I'm not saying that I wouldn't pay it back...I don't know what i'm trying to say, apart from that I want to go home and have a bottle of wine..............soz guys

[sequenci]

Anyway - contrary to popular belief, it has not affected my credit rating - I have had 2 mortgages since 2002 (1 single and 1 joint), various credits cards and loans. So how? If my credit rating is so bad?

 

I'm not saying that I wouldn't pay it back...I don't know what i'm trying to say, apart from that I want to go home and have a bottle of wine..............soz guys

 

it would be unlikely that you have ccjs if you've been able to obtain a mortgage.

[Guest Gertie100]

Is that really true?

[rippedoffagain]

Is that really true?

 

Check your CRA file, free offer with credit expert at the moment, takes 10 mins.

[tiglet]

Gertie, i know just how you feel :grin:

[gizmo111]

it would be unlikely that you have ccjs if you've been able to obtain a mortgage.

 

Depends on the lender - I had 7 and still got a mortgage.

 

Is that really true?

 

See above

 

Check your CRA file, free offer with credit expert at the moment, takes 10 mins.

 

As this was 1999 they would have dropped off by now.

[sequenci]

Depends on the lender - I had 7 and still got a mortgage.

 

 

blimey! :o

[gavv8]

I agree, ccj's whilst nasty are not as damaging in the long term as they used to be and there are plenty of lenders willing to lend to people who have had problematic history's providing they can see that you are making an effort, i've noticed that making endless applications for loans and cards etc seems to influence lenders more these days.

I had at least 3 ccj's following a messy divorce 4 years ago and i have got an overdraft, credit card and am in the process of getting a new mortgage and all with mainstream lenders.

[WormHasTurned]

Consider that the borrower might not have the best memory - it happens to us older people.

 

So yes, I've received money from you - but do I owe you money back? Did you, as my new best friend just give me the money? I can't remember how much I'm supposed to pay you back, how frequently, when does it start from [perhaps I have a payment holiday]? , and have I agreed to pay any interest, or might it be interest free? Or have I just agreed to give it back to you in my will after I die?

 

Now if we had a written executed agreement we'd know.

 

Without it?

 

Been there, it's being done, and I haven't got the T shirt yet!

[Gingerheid]

I disagree with the view that lack of a signed CCA would 'get you out of paying a debt'. If someone receives "5,000 Greedybank Plc - Loan Advance", and spends it, I don't think a judge would ever say it didn't need paid back.

 

Likewise, if you use a Greedybank Plc credit card at various locations over a period of time, your conduct strongly implies that you have accepted some kind of agreement to pay the money back.

 

It is however absolutely the case that the terms of that implied agreement have to be defined. But one convenient way of doing so would be to look at what the notified terms and conditions were at that time...

[pmhcfc]

I disagree with the view that lack of a signed CCA would 'get you out of paying a debt'. If someone receives "5,000 Greedybank Plc - Loan Advance", and spends it, I don't think a judge would ever say it didn't need paid back.

 

Likewise, if you use a Greedybank Plc credit card at various locations over a period of time, your conduct strongly implies that you have accepted some kind of agreement to pay the money back.

 

It is however absolutely the case that the terms of that implied agreement have to be defined. But one convenient way of doing so would be to look at what the notified terms and conditions were at that time...[/quote]

 

How can you when there isn't an Original Agreement ?

[InKogneeToh]

I disagree with the view that lack of a signed CCA would 'get you out of paying a debt'. If someone receives "5,000 Greedybank Plc - Loan Advance", and spends it, I don't think a judge would ever say it didn't need paid back.

 

Likewise, if you use a Greedybank Plc credit card at various locations over a period of time, your conduct strongly implies that you have accepted some kind of agreement to pay the money back.

 

It is however absolutely the case that the terms of that implied agreement have to be defined. But one convenient way of doing so would be to look at what the notified terms and conditions were at that time...

 

Hi

 

There are 2 now famous cases that show just how important that little piece of paper is. If the agreement can't be produced or is wholly unenforceable due to serious omissions in the document then it's bye bye creditor!! Read all about it here:

 

Dimond v Lovell [1999] EWCA Civ 1311 (29 April 1999)

 

and here:

 

House of Lords - Wilson and others v. Secretary of State for Trade and Industry (Appellant)

 

Regards, Pam

[Guest Gertie100]

would like to know what APR Greedybank PLC would offer on a £10k loan please...........

[tiglet]

As a manager of Greedybank PLC, I can offer you a loan spread over 5 years with a special one year discounted term of 14528642.33%, rising to 8942678952.66% for the following 4 years.

 

Don't forget the PPI too!

 

Tigs

[ODC]

As a manager of Greedybank PLC, I can offer you a loan spread over 5 years with a special one year discounted term of 14528642.33%, rising to 8942678952.66% for the following 4 years.

 

Don't forget the PPI too!

 

Tigs

Im very interested can I assume you will phone me 18 times a day if my monthly repayment is half an hour late and you will send me constant reminders with promises to call at my doorstep and discuss matters

[Guest Gertie100]

Please send me the forms as the W*nkerbank wanted my first born as well so I think you are offering very fair rates!!

(By the way if anyone is interested in a very precocious 2 year old girl let me know.....*don't shout only joking!!!!!!!!!*)