Then I give up.

Good evening to you all. I actually think all you comments regarding my recent posts have been rather 'tame', because I have been a bit naughty these last few days. It was actually this post that really got me thinking and I must apologise to Slc79 for using the original question to move the thread in a direction I needed to go in order to highlight a very important point regarding DCAs. A point I will return to over the weekend. But a brief intro: If you have followed this thread from the start you will notice my comments about 'doorstep calls' (post 566) was out of character to all previous post, and that was deliberate, and a bit Machiavellian (I have never knocked on anyones door 8-) ). But I would ask you read the post again and see if you can see where I'm going, and the point I'm making. look at the tone, and content (what does it remind you of?). I'll let you think about that Saturday and then I'll explain before submitting my latest insight 'Legal loopholes'. After which it will all make sense.

I would NEVER demand anything off anyone. We live in a free world and we all make our own choices. When I did my home visit work I saw it as give and take, and would give all the information I had (name, previous address of debtor, debt amount outstanding and the OC), and then asked to confirm they were not the person I was looking for - 95% of the people not only gave me the confirmation required but would often furnish additional information including forwarding address or estate agents details. Some of you may argue 'what about my rights under the data protection act, which doesn't allow you to share my information with a stranger', but, I'm sorry - if the debtor has done a runner then so be it, they left their 'privacy' at the front door when they left, and so I'm happy to share what I know FIRST before requesting information. If someone knocked on my door and said 'I'm looking for Mr X who are you, I wouldn't be polite either to be honest.

This is a shot in the dark from a DCA. Just send ALL letters back addressed to this person and write 'not know at address' (that's if there is a return address , if not bin them), worse case they will send an agent to confirm you are not the debtor. to be honest, I have done such visits as part of my 'training' and they last about 5 mins: they just confirm your name and ask for one proof of identity. If you provide it they wipe their records of your details and send it back. Problem gone. It is true that you are not allowed to open mail addressed to someone else, but hay, we all want to know what's going on. But you should just return it unopened (but I wouldn't make a special trip to the letter box ;-) ). Also be aware that it is not unknown for a DCA to be looking for YOU but change the details of the 'debtor' in order to get you to confirm who you really are. Then 2 months after calling and telling them your not Miss X but Mrs Y they start chasing you for a statute barred debt because they were really looking for Mrs Y.

Interesting comments.

The balance owed will have a significant difference. The smaller the balance the quicker the point will come when it is 'uneconomical' to pursue, whereas the higher the balance the greater need will be to recover the debt and less likely that it will just be written off. But the ultimate determination on the outcome of any debt is the assessment of your ability to pay, or more accurately, the OCs ability to recover (through CCJ, charging order, Attachment of earnings, etc.)

Quality

I was going to do a 'chapter' on strategies that work, but there is still an arguement in my mind as to whether its a good idea! I always stated that I would give honest independent advice not tainted by 'morals' or 'emotion', and not underpinned by justifying or not, as the case maybe, the job of the DCA. I would tell it as the DCA/OCs see it, so you could at least understand the 'process'. BUT, by giving strategies that will help, will move me away from the 'independence' I have and may compromise the advice I provide in future. Is jumping off the fench the right thing to do? Something to mull over I suppose.

Yea that's fine. There appears to be no logic to their ignorance, and that's why I had to mull it over in work today, and the only 'excuse' I thought of was if the debt was less than £1k, then it would be 'uneconmical' to engage in legal conversation with you. But that attitude always fails in court.

Why they haven't complied with your CCA and SAR still confuses me tbh (scratches head). There is no reason not to.

Group HUG

No worries. I have given a detailed response in my PM.

DCA staff, past present and future have access to the internet and google makes the world a much smaller place.

Hi all, Just got in from work so no time to respond to questions but I will tomorrow. I do have good cover although I did get a PM from someone I worked with but decided it best not to respond!!!!! He knows who he is . Remember....it's good to talk.

You are all just to kind. A humbled Onthebrink.

My companies Data Protection Officer said to me a while back, 'onthebrink, we don't live in a world where privacy means anything anymore, and where our data has a monetary value. Big business pay big bucks for data.' Before submitting ANY data about yourself look and the T&Cs of the website, you may find it asks if you want to receive marketing info but won't detail what they do with your data, just that they will 'use it'. ALWAYS look for a 'privacy' policy and if its missing walk away.

They maybe a 'media & marketing' organisation but they SELL DATA to financial institutions.

cus4loans.co.uk their not even subtle: 'Cus4Loans.co.uk is a website operated by The Slice Ltd. The Slice Ltd is licensed under the Data Protection Acts. Registered Company Number: 02860905 Registered Office : 25 Ormside Way, Redhill, Surrey. RH1 2LW. Data Protection Number: Z8414369 The Slice is a marketing and IT systems organisation and does not offer any financial advice. Think carefully before taking out a loan.' Give it a try, you'll be lucky to get a response

Thanks for the thought, but i just LOVE it here ;-)

ALL DCAs have an arrogance that makes them believe they are better than the rest, and their 'methods' and staff are more capable than the rest. When they get a 'new' account they actually believe they will succeed where others have failed

Agreed. But to be fair the list is endless. They can also find out through 'financial associations'.

Hi Jaws, thanks for the PM. Bankruptcy. It is unheard of for a creditor to petition for bankrupcy in abscence. The creditor needs to lawfully serve notice of their intention to petition for bankruptcy to you in person. Also, one of the main reasons for going down the bankruptcy route is to seize assets or to recover tax to pay off the debt owed. The OC would only do that if you had assets to sell, or earned a significant annual salary that would recover enough tax to provide a better return than selling it to a DCA. I'll return to this point at the end! CCJ It is most likely that you would have at least one CCJ, which will increase the enforcement action open to the DCA when they are notified of your new address. No fixed Abode. You can use your friends address to receive mail as a 'care of' or CO address, but DCAs will pay very little respect to your friend and without doubt start contacting you there via his phone (if he has one). DCAs do not care about the route they take to get to you, as long as they get to you. And if a CCJ has been issued then they are very likely to pass it to a county court bailiff to recover. CRAs The CRAs have an obligation to members of their 'network' to pass on ALL information you supply, and one of the main ways of doing that is through 'linked addresses'. If you put down your current address and your previous address the CRAs database immediately updates all addresses linked to your previous address and can pull together all debts that were owed for debts going back 10+ years. The key to CRAs is to not use them if you can help it. Bank account You can have as many current accounts as your heart desires and it is purely up to the new bank to decide if they will give you a new account or not. Your 'loyalty' to Barclays is unfounded and should not be continued with. I'll return to this point at the end. Bank charges You have to remeber that reclaiming bank charges is going to cost you more than your going to recover as cash in your pocket. If the banks do decide to refund charges after the test case is completed in July, and if current rumours are to be believed it is likely to be set at the same rate as credit card charges (£12), and so the difference between what you were charged (say £30) and the 'fair' fee (£12) will be refunded. But this money will only reduce you current outstanding overdraft and you will still need to pay off the rest. What's the point!!!! loyalty to Barclays? are you mad. My reasoning. Lets be blunt here: you have no assets, you have no home, you have no income, you cannot pay off your debts even if you wanted to! I'm sorry jaws but you have the rest of your life in front of you and it should start NOW. Jaws, you need to petition for your own bankruptcy. It was made to help people out in your position. Yes it will cost you a few hundred pounds but you need to get that money and file for BR. You can open a new basic bank account with the co-op or halifax on the day you are declared bankrupt, and you can start a fresh. No running, no hiding, no hassle. Your friends will not be involved and your parents will understand. You can use your friends address by telling the court clerk you are NFA (they have seen it all before), just ensure the OR knows your previous address. I'm confident you would be granted an early discharge (less than a year) and this time next year your life will have turned around my friend. PM if you need more advice.

Your in to much of a rush. OK, you have some cash and want this debt gone, fair enough. But when F&Fs are on your agenda you must play the long game. You want the debt reduced by 51% and that is very reasonable in the current credit climate. At the moment they will be reluctant to settle because the debt is 'young', and when the debt is 'old' it will be sold to Cabot for 27p in the £ , your offering 49p in the £. Take a step back. Let them chase you and respond that your offer is 'reasonable' to mutually resolve the account. I really would consider a CCA request (I know they are a hot topic at the moment, but it will focus their mind). If you think that would not be beneficial then ignore it. BUT, when it comes to agreeing a reduced settlement figure you really need to play hard ball and take your time. ALL communication should be done in writing, never agree a F&F over the phone, EVER. Ensure your letter clearly states F&F and their response does not contain 'without prejudice' on it, and has F&F clearly stated.

Do the statements contain the name/address of the debtor. If they do, why not photo copy them and send them to the debtor ;-) . then you can both screw them over.

I wouldn't say 'trying it on' but it does raise the question, 'why didn't they take me to court to get a CCJ?' Sometimes, a DCA will pass it to another DCA because they know that what the debtor is offering as a payment (say £5 month) will be accepted by the court if they went for a CCJ, but that £5 doesn't cover the cost of adminstration of the said CCJ. In this case the debt is passed on as 'uneconomical to pursue'.