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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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tracing debtors


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Hi

 

Various methods, legal and illegal.

 

Voters role, credit reference agencies, (if you are paying anyone or apply for anything from the new address, land registry, phone calls, letters to your old address, old neighbours and anyone associated with you, CIAS, Gone Away, Cifas.

 

If they get a hit, they will chase you for it, if they get a 'likely' they will do that too. All else fails they can go on a phishing expidition.

 

David

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It all goes onto the CRA's GAIN (gone away) data base. Even requesting your credit file can prompt an unwelcome response

 

They even link you to anyone with a similar name living in the vicinity of your previous default address which is the reason why there are so many complaints these days about them demanding money from people who have never had credit in their lives.

 

Some consumers who owe nothing have actually paid to get them off their backs

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There are even web based 'broker's offering non status loans who are not actual brokers but who's sole purpose is to get you to complete their application form in order to compare you to the GAIN data base.

 

Needless to say you get rejected but they have you personal details

 

They are sharing your data with or without you knowledge

 

A clue is to look for their credit licence & if they only have Data Protection Act authorisation & no OFT that's a dead give away

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A clue is to look for their credit licence & if they only have Data Protection Act authorisation & no OFT that's a dead give away

 

Learn a little more every day. Nice one Jon!

 

David

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Although I agree with what has been said above you have to understand that since the tightening of the Data Protection Act in 1998 has brought excessive constraints the tracers' work.

 

The percentage I’m told used to be 70% chance to catch debtors. Now the figure is much more like 40 per cent.

 

There are over 1,500 tracing agents working in the UK. Agents typically work on a ‘no-trace, no fee’ basis for £30-£50. They range from inhouse DCA's to a single man or woman sitting at home with a telephone.

Classic legal methods include searching the electoral register, door-knocking, and ‘the sting’: leaving a fictitious parcel delivery slip at the person's last known address.

 

Although anyone who holds confidential personal information - including GPs, banks, utilities or phone companies - are standard prey for unprincipled tracers, the two main targets are the Inland Revenue and Benefits Agencies. They've been aware of this for some time.

 

The Information Commissioner has in the last 18 months become very interested in tracers, I quote.

 

“Some tracing agencies earn their livelihood by operating outside the law. They deceive organisations into disclosing information which they know they are not entitled to, and then sell that information on to their clients. I am prepared to use all the powers available to me under the Data Protection Act 1998 to challenge and deter such behaviour.”

 

Says Alec Owen, senior investigating officer at the Information Commissioner's Office “It's like going into a forest looking for one squirrel and seeing hundreds running around. There's not one part of the UK where we haven't found illegal obtaining of information,”. The commissioner is responsible for enforcing the Data Protection Act - a central tenet of which is the need to protect confidential personal information - and has the power to bring prosecutions.

 

He says “All they (the tracers) need is a business card, a bit of nerve and the telephone number of every benefit office in the country”, says Owens. The companies that employ them, often including well-known high street financial chains, generally couldn't or wouldn't be aware of the methods they use to find their errant customers,”.

 

Okay so if you’ve been traced and they have used questionable methods and broken the law that means prison or a large fine.

 

Where does that leave your debt. Unenforceable I’d say

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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So Unmod what your actually saying is that the Data Protection Act has been useless as has merely provoked an increase in illegal activity.

 

The reason I say this is because in your 1st para you state how the Act has led to restriction but then go one to describe the many ways it's circumvented by these tracing agents

 

Conclusion

The Data Protection Act is merely a cloak of regulation introduced to please the masses. Until they start jailing or heavily fining some people I'll go along with that

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You misunderstand.

 

Tracing debtors success rate prior to 1998 70%

 

Tracing debtors success rate post 1998 40-50%

 

Data protection laws are working and are forcing the lapdogs of the DCA into extinction.

 

People have been jailed.

 

Three tracers in bradford were jailed for using the IR to obtain information.

 

Technology has also decreased success rates as have security measures put in place for telephone banking.

 

Try to ring a bank and pretend to be someone else even with an account number, DOB and sort code, see how far it gets you

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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Personally I would say that there is a mixed view as to if DPR laws do work, in my experience DPR laws have favoured Debt Tracers due to the sharing of info, rather than restricting it.

 

I don`t work for a debt tracer, I`m just aware that too many companies "work around" the law rather than within it

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thanks for the responses

i dont have a bank acc nor any ills in my name ive never applyed for credit didnt get on with my neighours so they have no idea where i am and my name is different on the electoral role... can they trace through sposes?

our old house was in my fiances name with the telephone ill in my name could they link the 2? its been 4 years now

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Well then it's easy if you think you've been traced and illegal methods have used then question it.

 

At the end of the day you don't speak to anyone on the phone who does not introduce themselves or you shouldn't if you have any sense and never answer any letter that drops on your doormat with anything other than i do not acknowledge this debt.

 

what exactly can they do?

 

They have to prove it's you and that is extremely difficult if not impossible without resorting to lies, blagging and deception.

 

Someone else also posted on here that tracers are constantly doing 'bum traces' ie a tarce that has not been confirmed.

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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thanks for the responses

i dont have a bank acc nor any ills in my name ive never applyed for credit didnt get on with my neighours so they have no idea where i am and my name is different on the electoral role... can they trace through sposes?

our old house was in my fiances name with the telephone ill in my name could they link the 2? its been 4 years now

 

Wot! never applied for credit............. then why are you concerned about them finding you & for that matter why would they be looking??

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Guest forgottenone

Hi, Crazyinlove. Bit puzzled here so help me out? Thought you mentioned about having a debt Wednesday night of ... think it was a substantial amount on a phone bill? Some replied, including myself.

 

As to how you can be found. I suppose that may depend where and also what kind of area you live in. Wouldn't put it past a DCA or their agent to slip a £5 or £50 to someone to get them to 'spy' on you. Just a side of human nature I would think gets exploited. Sadly.

Edited by forgottenone
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I had a neighbour come round a while back saying a "Ian" from Glasgow had rung them looking for us as he was a family friend and lost my number, he wanted to know if we were still living there. No surprises what that call was..........DCA. How illegal is that phoning someone in my street who is not Ex Dircetory. It was embarassing.

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Just thought i'd chuck this in, as it might help someone reading this thread. The best way to keep your phone number private is to change it, make it ex-directory and only give it to family and friends. Use the eztra broadband line (made ex-deirectory too) for companies etc.. Register with the TPS as well. It has worked a treat for us. All the misery we suffered is fading VERY SLOWLY, but fading. Phew. If you have an old PAYG mobile then (after putting it on silent) give that number to the DCA's. It might keep them happy leaving messages and they may not even attempt to trace your real number. Just give it a monthly charge or something. As other people have said, some elements of the tracing world will sink to murky depths to get hold of your details.

  • Haha 1

What sort of world do you want your kids to grow up in?

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An interesting thread. Part of what I do is tracing and our success rate is good BUT we never use any illegal methods and do not operate a "no trace, no fee" service.

 

Our customers tend to be private clients and solicitors. DCA's tend to have "in-house" tracers.

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The methods used depend on the reason for the trace.

 

I will tell you the methods that we don't use. Any methods that are in breach of the Data Protection Act. If you look at our website, then you would see that we are registered with the DPA, have a CCL, only use other agents that use DPA compliant methods.

 

While I'm sure that there are unscrupulous agents out there, the vast majority of us are ethical in our methods and operate within the law.

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