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Threats of legal action - What is benchmark?


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I guess it is same old story, had a lot of credit cards due to expenses from old job, always paid them off until things went wrong with work.

 

Long story short, had about 6 cards and several other debts, debt was between £50k and £80k, interest was frozen, it is just I lost most of the paperwork when I was homeless. I do have PDFlink3.gif's in cloud of bank statements.

 

I foolishly serviced the cards for years, until finally accepted I could not afford to service them, Then even more foolishly I kept the debts alive for even more years by making token payments.

 

Then things got even worse,I was homeless for some time and then got injured and am disabled now, that pushed me over the edge mentally with major depression. If you look at the causes of major depression I had all of them in a fairly short period of time, but the main thing is quality of life. I am quite prosaic about it now.

 

So really these guys do not faze me, some of my creditors got CCJ's for all the good that did them, a couple went the HCEO route and they too got nothing. I did not engage and had nothing they could take from outside.

 

I saw online that debt goes off statute, by that time I had disengaged, the debts were passed to so many debt collectorslink3.gif I lost track, but all the usual names you see on this forum.

 

Now as the debts approach getting barred the cycle of letters including the threat of legal action, CCJ etc. At least two have had this threat before, but they then went back to the "get in contact" and "here is a discount" letters. I figured contacting them just resets the debt so I have never engaged.

 

None of letters are coming to my current address, I think someone did check on me at an old address, so that kicked off the letters again a few years ago, the people there keep them for me.

 

I was wondering what the benchmark is for them to take legal action?

 

I am pretty invisible to them, I do not work or have any assets, no bills are in my name, I am not on voters roll, I can't even afford broadband or TV Licence so they won't find me there either.

 

To be honest I do not really care, they would be wasting their money, but I guess for them it is a way to keep the debt alive for another 6 yearslink3.gif.

 

Still, it would be nice if I could get the consumer debt disposed of. Then the CCJ's will go and I might do a DRO for the HCEO debt if I last that long.

 

As far as I remember my last payments to most of the consumer debt was 2012/2013 but I do not want anything to change on the credit reference databases as it shows activity, so I will probably wait until the existing CCJ's expire before I tell the debt collectors to stop pursuing. One of the CCJ's was obtained without my knowledge but I decided it was easier to just let it ride out the 6 years.

 

My strategy was not to engage at all because the only way out was bankruptcylink3.gif and I do not have money for that. It is also aided my mental health strategy, not engaging or being visible for 6 years, I did not have mental energy to deal with anything never mind these jokers.

 

I have not done any credit checks or noddle because these all show activity.

 

So really I was just wondering what are the probabilities of them wasting their time with legal action for consumer debt?

 

I say wasting time as I am on disability and barely get enough to heat and eat, I do not know if they would be able to get some sort of attachment to income, but as this paltry amount is what the state says I NEED to live on, taking any of it would risk making me homeless. I do not drink, take drugs or smoke.

 

I know the debt collectors and legal firm are the same crowd, so they probably figure they pay the salaries anyway, but surely each debt will have to be taken individually and a Court fee paid if they go further?

 

So far my case is just up for "initial consideration" for legal action, I had one of these over a year ago, it came to nothing. I guess they may be tempted by big number on the debt but doesn't that make the Court fee higher?

 

At the end of the day when you have nothing it is a kind of strength, even without court fee and legal expenses it would take over 4000 years to pay off by my calculations.

 

Thanks in advance for your input.

Edited by honeybee13
Unwanted comment removed.
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You send everyone a cca request from your present address

Running and hiding died 15yrs ago

Get on voters etc etc

There is no reason at all to ever hide

 

That 1000% worse than than letting them all know where you are

 

99% of your debts will be unenforceable even to ccj's and the stupid HCEO one

 

And dont forget to start an irresponsible lending complaint on every pdl company

Youll be £100's in pocket

 

List you debts

What they were who the OC was

And whonowns it now

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx100uk

 

Thanks for your reply but that is simply inconceivable for me, before I hit major depression debt used to give me major anxiety, now I am more likely to just not care about consequences and if one of their debt collectors turned up, I would probably attack them.

 

I have other debts that will not expire for another 2 or 3 years, so not going to do anything that pings me on radar. One was an energy company dispute where I was overcharged due to faulty meter but I was referring to ombudsman just as I became homeless. I do not have mental energy to fight that, it is easier to just let it go off statute.

 

Sure I can see that others suggest that debt collectors do not have original paperwork or maybe they do, seems too risky to check.

 

Not going to vote and voters roll is merely an advert for where I am, the only way to have data protection is not to give your data.

 

There is reason to hide, it is called anxiety, anyway, it works for me.

 

No point doing a subject access request because I know I just stopped paying the token payments and have never engaged with them since. I will do a check on my old bank statements which are in the cloud. I seem to remember writing them all a letter saying I was not going to be able to make any more payments, I sent it to all of them on the same day.

 

Right now I am probably a few months to a year away from wiping around £50k off statute. The ping could remind the CCJ's and they could escalate to HCEO's, that is hassle I just do not need, besides for them I would hunt them down if they came here and tried to kick door in again.

 

You are right that they were irresponsible to lend to me, I remember one company where the people actually lending me £15k already had a £12k card with me under their own brand. I guess they felt because I paid it all off time and time again when I used for expenses I was good for it. To be honest I probably was, but that was before I fell of the proverbial ladder. One thing they did in those days was not cancel old card when I tarted balance to 0%, that does seem irresponsible and when times got bad it was just sitting there waiting to be spent on rent and living expenses.

 

I don't think there is any point complaining though, it is like PPI, if I ever had it I gather it would be offset against bad debt and may even count as a payment or acknowledgement.

 

I am not going to list the individual debts on a public forum, I do not have the exact balances, but they are mostly over £10k each and the usual names.

 

The debt collectors include names quoted in this thread, at first there seemed to be 2 with one company and 2 with another, but the debt got switched and sold so many times that only one company writes to me now, albeit for several of the cards.

 

Really I just wanted to know what their benchmark is for taking CCJ action before they expire?

 

As I said, I do not really care, I have so little money coming in so there is nothing they can do to me that others have not tried.

 

I do not know if Courts can do attachment to benefits, but can't imagine they would ask me to pay more than a pound a month, so over 500 years to pay off, but I would not give the satisfaction.

 

It did bring a smile to my face to see others have messed with the debt collectors once it has gone off Statute. If they do go legal I will let them spend as much as possible including court fees but then go bankrupt if I can find someone to lend me the money.

 

My health is continuing to deteriorate and it would be nice to leave things tidy, I have no assets or money, I think my overdraft will be called in over the next year and I will start trying to put a bit by to cover emergency unplanned expenses.

 

When I read the other people's threads of legal action being taken I think they must be giving some indicators for debt collectors to decide it is worthwhile. I know when my overdraft was reduced that set off a ping on the credit database and kicked off the current batch of letters.

 

Or is it a numbers game? The amount? The original debtor?

 

It is bizarre that they send the same cycle of letters for different debts so I can almost predict which one is next, but as the off statute date approaches, I have to wonder, what is their benchmark?

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They will go for ccj using old addresses

 

Doesn't matter if they are sb'd either that will not stop them...

If you dont want to take our advice thats your problem

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thank you for your understanding.

That is how I got one of the existing CCJ's, it went to an old address,

I found out by pure chance about 2 years later.

 

I got speaking to the person at my old address and they said they wrote to the Court to advise I was not there (they were worried about bailiffs).

 

If it does not matter whether they are sb'd then what is the point of having sb'd process?

 

It is not that I do not want to take your advice it is that I can't, just thinking about it and the potential impact is too much.

 

It is a coping mechanism.

Edited by dx100uk
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The potential impact is what you have found...backdoor CCJ's

Far far worse......

 

750'000 claimforms are issued ever year

85% are granted by default because they are not defended.

No human checks anything.

 

If a debt with a ccj was sb'd upon issuance of the claimform it can normally be set aside FOC.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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