Bad News For All Members With O/s Debt

[Oh Boy!]

As some of you may know the government has in the pipe line new

 

enforcement laws, apart from the bailiffss right to break into your home,

 

the most TERRIBLE & HORRID new law to pass is called the DATA DISCLOSURE ORDER.

 

What this means is that if you have a debt that you cant pay, the DCA will be able to apply to the court to establish if you have bank accounts and credit cards, and a request to Inland Revenue who will be asked to release information on your current employment and address, this way the DCA will be always in a postion to track you for the life of the debt.

 

That is to say if the DCA has a Attachment of Earnings order, it will be sent direct to the employer, if for some reason you leave that work and move to a new company, then the Inland Revenue will grass you up to the court, and a new Attachment will be made to your new company effectiviely screwing your new reputation at your new work place.

 

At present if a defendant leaves current employment and his whereabouts is unknown the debt is written off, when this new law comes in we are going to be stuck with debts for life, i can see bankruptcies rising 100 fold.

 

[offensive]

:evil: :evil:

[Rooster-UK]

Do you have a link to this information or is it hearsay?

[Hippy-chick]

Do you have a link to this information or is it hearsay?

 

Is it the same Bill mentioned in this "sticky"?

 

http://www.consumeractiongroup.co.uk/forum/general-debt/47908-new-bill-introduced-parliament.html

[Goldlady]

Doesn't affect me - was skint, still skint:D

[gizmo111]

At present if a defendant leaves current employment and his whereabouts is unknown the debt is written off, when this new law comes in we are going to be stuck with debts for life, i can see bankruptcies rising 100 fold.

 

Not neccasarily true, for an attachment of earnings to be in place first there would have been a CCJ, which has many methods of enforcement.

 

CAG does not and will not ever condone debt avoidance.

[Michael Browne]

House of Commons - Constitutional Affairs - First Report

• Data Disclosure Orders

The Data Disclosure Order (DDO) would be a new mechanism enabling the court to seek information on a judgment debtor who had failed either to respond to the judgement or to comply with court-based methods of enforcement. Information would be sought from relevant third parties in both the public (HMRC and DWP) and private (banks and credit reference agencies) sectors, to help the creditor make an informed choice about how to enforce a judgment. Clear constraints would be imposed on the secondary use of data. Any personal data obtained and used under statutory powers for the purposes of enforcement would not be used or stored for secondary purposes. Information obtained by a DDO would only be used to enforce civil judgements, which are orders of the court.

[Hippy-chick]

Darn, that weren't the link I was looking for ... Sequenci posted some link recently to new proposals which I read but did not bookmark.

 

[Hippy-chick]

Ahh, thanks Michael - must learn to type faster

[Oh Boy!]

I'm afraid, as everyone knows no one opens the door to the bailiff, now creditors will not give a monkeys if the bailiff collected or not, bailiffs or at least the county court bailiff is obliged to make three visits, then return the warrant back, more often than not a "unable to confirm defendant as resident", this will then be sufficient for the creditor to apply to the court.

 

It really sickens me! Sad day for all (when it comes in).

 

Quite right that CAG do not condone, but if we where not playing war games the country and its citizens would have lots of cash, so therefore we would never have to pay £400000000 for a litre of diesel, and spend £5.00 on a can of coke hence be able to pay that dam credit card of.

 

YOU CAN'T PAY IT IF YOU AINT GOT IT.

[Hippy-chick]

But can you give us the relevant link to the new proposals please, oh boy?

[Michael Browne]

I think this is it:

Tribunals, Courts and Enforcement Act 2007 (c. 15)

[Oh Boy!]

Thank you Mr Browne

[Hippy-chick]

Thanks Michael

 

I'm assuming this is going to be pretty much the same as the 2005 link I was reading earlier. Would be good if somebody could provide us with a summary of how it affects us. Not me though.

 

The most important thing, IMO, is that, as it is an Act - when does it come into force? And how does it change our rights? Maybe somebody here (Sequenci?) already knows this? I've bookmarked it, and I'll try to have a look at it, but my research is with regard to public policies and rights in general - I'm no expert in debt.

 

I'd be interested though, if anybody knew.

[NitrousOxide]

Hi,

This will be regarding CCJ's by the look of it, and only if you haven't kept to payments.

I still don't like this and it stinks to be honest.

[Oh Boy!]

Yes Nitro, i quite agree, problem is that so many thousands of public have been advised never to open the door to the bailiff, that the claimants are going to have no alternative but to request a DDO, thats whats scary.

 

Then again how long is it going to be before the claimants start refusing reasonable sums so that they can take a real look into your financial affairs, because at the moment, the claimants (creditor) has to accept what they are told by the debtor about their financial affairs, it could be a total lie, i know for a fact that some friends had told bank that they where on the dole, the creditor had no choice but to accept, now to find the truth they can refuse to accept payments.

 

I'm sorry but its something that has been overlooked by people in the right places. DISGRACEFUL!

[sequenci]

I have some info about this here at work. I've just moved desks so my stuff is a right mess. I'll try and have a search on my lunch break!

[sequenci]

Still researching although I would like to state that Information orders are NOTHING new.

[Docman]

I've just had a quick look at the Act, which was passed in July but will not be in force until various regulations are passed - that can take ages.

The sections about Information Orders and Disclosure by the tax man etc apply AFTER a CCJ has been granted and appear to be designed to assist when a debtor is evading the enforcement of a judgement. Tough on debtors but surely only where they are avoiding the Court.

Far more interesting - and I think helpful- are the sections about Debt management Plans. I don't think the debt management and IVA industry needed a boost but it seems to have got one with a regularisation of DMP. What appears to be good is that creditors can't bring bankruptcy proceedings or take enforcement action if a DMP is in place. Should stop some of our more obnoxious 'friends' hounding people demanding more than they should get under the Plan.

How it will play out I think only time will tell but it might be useful if someone more knowledgeable and more time could have a good look at the Act.

[sequenci]

The New Administration Orders and Debt Relief Orders look good!

[dannyboy660]

What appears to be good is that creditors can't bring bankruptcy proceedings or take enforcement action if a DMP is in place. Should stop some of our more obnoxious 'friends' hounding people demanding more than they should get under the Plan.

 

Now that really is good news - the sooner the better.

 

As for the rest of it, I think it's aimed at those who choose to ignore court orders. A growing number of people do, and those that move around a lot tend to get away with it. I don't think it will make any real difference to the overwhelming majority of people.

[Goldlady]

As I haven't got time to read up on it at the moment, does it only relate to DMP's set up via an intermediary or do you think it would apply to arrangements made by the debtor in person as well?

 

Thanks

Goldlady

[Oh Boy!]

Its going to be for people who are subject to attachment of earnings, perhaps not people who are already paying their debts