Crudit Today: Limitation Act change proposal response

[Kraken1]

Nope, I don't think it is out yet.

 

 

Mr Ton

We know very few of them go anywhere near a court anyway as it costs them money to do so.

 

A review of these boards seems to indicate that enough of them do actually venture to the courts for it to be a distinct possibility. Certainly one not to be discounted. Am I not right in thinking you have a nice selection of CCJs? Perhaps you were just unlucky, or followed poor advice?

 

I think that for charging orders alone there were nigh on 100 000 last year. Someone might want to google the actual number but I think it was around that. Either way, a significant number. I would wager that there would be substantially more CCJs and AoE orders, WoE etc. All in all a big enough number not to be discounted as entirely unlikely.

 

As for your actual quote:

 

Dont worry about CRS.

They have no legal powers over you whatsoever, only a county court does.

So tell them to bog off & report them to the OFT/trading standards just for good measure.

 

I think that an inexperienced newbie would get the wrong idea from this sort of advice because a dca DOES have power - that power is to issue a summons. There is a difference between legal power and power to enforce. Perhaps I could suggest that you add a bit more to your posts to fully explain the position and prevent folk getting the worng end of the stick?

[mr.ton]

A review of these boards seems to indicate that enough of them do actually venture to the courts for it to be a distinct possibility. Certainly one not to be discounted. Am I not right in thinking you have a nice selection of CCJs? Perhaps you were just unlucky, or followed poor advice?

I think that for charging orders alone there were nigh on 100 000 last year. Someone might want to google the actual number but I think it was around that. Either way, a significant number. I would wager that there would be substantially more CCJs and AoE orders, WoE etc. All in all a big enough number not to be discounted as entirely unlikely.

As for your actual quote:

I think that an inexperienced newbie would get the wrong idea from this sort of advice because a dca DOES have power - that power is to issue a summons. There is a difference between legal power and power to enforce. Perhaps I could suggest that you add a bit more to your posts to fully explain the position and prevent folk getting the worng end of the stick?

 

A DCA has the power to issue a summons? what planet are you on Kraken with the greatest respect? - only the court system can issue things like that, no-one else

A review of these boards in my time on here reveals that very few venture anywhere near a court coz they know it will cost them money & that it wouldnt be worth their while just to get back £1 per month once all outgoings are catered for etc..

Me having CCJ's or anything else is irrelvant Kraken.

One could argue that ive actually gone down the correct legal route & got that CCJ in the 1st place...at least its all proper/sorted/legal then & not as it wouldnt be had it not gone down that route ;-)

As for the "poor advice" that you think i give out, i think you will find that i have been thanked numerous times on here for my advice....so let other Caggers in general on here be the judge of that

Its only "poor advice" from your perspective because its hitting DCA profits i suspect 8)

[Kraken1]

I'm sorry, perhaps I poorly drafted my response. Anyone can fill in a claim form and drag anyone to court. You, me, a DCA. There is a difference between legal right and enforcement of this.

 

On a technicality, however, and in an effort to help you understand the legal system more I would direct you to CPR 6.4. Personal service is becoming more common I believe.

 

We'll have to agree to differ on whether anyone actually gets sued. It seems to me that some do. Not everyone, but a statistically significant percentage. Perhaps we read different threads. Personally I think that the numbers speak for themselves. You are proof that folk do get sued - you have a number of CCJs. How many do you have for how many debts? That might help us see whether following your advice makes it more or less likely that you'll get a ccj. To be honest, it seems therefore that if you want to avoid ccjs, don't do whatever it is you did.

 

Unsatisfied CCJs are bad things. They can effect all sorts of things, employment, mortgage availability etc and allow the dca to take further enforcement if they choose to. It substantially weakens the debtors position.

 

As for being thanked, this illustrates the point - people that are not knowlegable are following your advice. This is concerning. That said, I've been thanked for jokes. People are also more likely to thank someone if they tell them something they want to hear rather than less palletable bad news. Just because the BNP got enough votes to win a couple of seats does not make them right. The number of posts will effect it too.

 

I agree that poor advice hits dcas in the pockets - it lines them!

 

I criticise poor advice because it does not help consumers, I don't care about the dcas. I would suggest that helping someone stay ccj free is better for them rather than the dca. If your advice is encouraging folk to ignore potential court claims then you are playing right into the dcas hands. They trundle off and get default judgements, charging orders and the like. The dcas therefore make more money out of your advice.

[ODC]

Kraken I suggest you take your personal problems with Mr Ton away from this thread and every other one where you and he disagree. Send him a PM or an email but your continued bickering and point scoring is dragging this thread and others way off topic and benefits no-one.

[angry cat]

Agree

 

Please get back to the topic!

 

AC

[pelham9]

Kraken

 

On these boards you have to be very careful what you say!

 

If you had said that a DCA had the power to take people to court provided that they had legal ownership of debt and proof that it was owed nobody would be quibbling.

 

The fact that many people are taken to court for debt is more a function of the debtors unreasoning fear of courts and the power of our courts to issue default verdicts without properly considering the DCAs evidence. From these boards it is clear that many DCAs do not have the minimum documentation to sustain a 'win' verdict and it is the insistence of CAG that debtors must defend if the DCAs case is not properly documented that is CAG's main achievement. Hopefully it will not be long before EU regulations put a stop to the iniquitous power of our courts to award verdicts to DCAs on their say so without proof that there is a debt.

[Kraken1]

Agreed, although they can take you to court in the absence of such - and do. This isn't right but it happens. It is also why it is really important that potential claims against you are dealt with and not ignored.

 

ODC - AC -

 

With respect - if you look at the threads you'll see I have only responded - I have not instigated any debate. I have only given my opinion. I have a right to respond to any unfounded allegations that are then made. Why have you not asked Mr Ton to desist? After all, and at the risk of sounding like a 10 year old - he started it.

 

I note with a number of threads that MT or AC accuse me of being a dca and therefore bias and ignore my actual points. I rebut and argue the points and then I get the 'get back on topic' stuff rather than debate on the points. I'm fed up of this and so whenever posters attempt to divert readers attention from my points based on unfounded allegations rather than debate or fact I WILL rebut these.

[diddydicky]

Now you are changing the meaning of your advice

 

" the DCA can do nothing - tell them to bog off"

to:-

the DCA does not have the power of a policeman/court/bailiff

so tell them to bog off if they tell you they have

well that's a start!

quote]

 

 

Goodness me..i do wish you would READ what i post, but i dont hold out much hope on that

Firstly - ive never actually said "The DCA can do nothing" ....i always say "Tell them to bog off" yes..but the 1st quote? no

The DCA has the right to go through the court system/use the court system etc..to try & recover money that way.

But thats were it ends.

We know very few of them go anywhere near a court anyway as it costs them money to do so.

I wonder what quote diddydicky will make up next?

 

well these are not made up!!!

 

No-one will turn up on your doorstep despite threats to the contrary.

 

A CCJ is nothing to be worried about anyway - it just bascially sets down in law what the person must pay & when - taking all their outgoings into account etc...

 

Ive had numerous CCJ's over the years & its had no adverse effect on my life whatsoever.

 

 

 

As far as im concerned, legal action is actually a good thing & something to be encouraged, in terms of....people have so many legal rights/rules/protections & it costing them money etc...

 

 

 

Forgive me if i dont actually share my fellow caggers dislike of the Rankine

 

Fact is Triton are not legally entitled to penny off you, only a county court is.

 

I really am on a personal revenge mission now after yesterday

 

If i hated the like of Muck Hall/Credit Solutions & Wescot - then thats nothing compared to my venom for this lot now

 

I do feel like a 1 man crusade

 

.

 

I even beg & plead with the*DCA's to harrass & visit me, but they never do

 

Me & few others on here like to ring round the*DCA's to taunt them

 

Do not send them anything other than a get lost message.

.

 

Some Saturday nights ive had a few largers & forgotten what ive posted on this thread..its only when i realize the next day

 

They wont send anybody to anyones door..its just a threat,

 

If you really want to take the p*ss like me.

 

Like i mentioned before...its just a paradise for those who are angry against the system in general....like me

 

 

 

 

So far today..ive already made complaints about 3 banks, 2 utility companies, 3*DCA's & 2 government departments. (1 the inland revenue)*

I do admit that i am chancing my luck with all these complaints as im hoping for a few payouts or good will gesture payouts...i know it may be wishful thinking on my part, but you just never know with things like this.

 

Oh right ok...my apologies...i just see the word "DCA" & then go off on one*

 

t cant be helped when i just see that word..i go into standard response mode

 

Infact i positivley enjoy it,encourage it & love taunting them about the fact that i owe the mone

 

It really is time for a revolution in this country.

 

Charging orders can easily be*set aside*& are nothing to worry about unless you actually sell the house

 

 

 

 

fair enough - clearly you consider it all a big game, you're on a crusade, you don't think that ccjs and charging orders are serious stuff

 

fine

 

but others want more balanced advise and dont want to join the revolution!

 

definately last post and sincere apologies for going off post

[42man]

A DCA WILL take legal action (either using in house, or external solicitors or like CL finance do directly) as I know full well, I was on the receiving end of a Bankruptcy Petition which slipped through without me knowing.....I was just lucky to have a good judge to get it annulled....

[diddydicky]

A DCA has the power to issue a summons? what planet are you on Kraken with the greatest respect? - only the court system can issue things like that, no-one else

A review of these boards in my time on here reveals that very few venture anywhere near a court coz they know it will cost them money & that it wouldnt be worth their while just to get back £1 per month once all outgoings are catered for etc..

Me having CCJ's or anything else is irrelvant Kraken.

One could argue that ive actually gone down the correct legal route & got that CCJ in the 1st place...at least its all proper/sorted/legal then & not as it wouldnt be had it not gone down that route ;-)

As for the "poor advice" that you think i give out, i think you will find that i have been thanked numerous times on here for my advice....so let other Caggers in general on here be the judge of that

Its only "poor advice" from your perspective because its hitting DCA profits i suspect 8)

 

i think she's on planet earth- where courts NEVER issue summonses- only plaintiffs do!

[smouk]

Bored now. Waste of a good thread.

[42man]

Please keep personal insults out, we are entitled to an opinion, but it can degenerate an otherwise good thread.

[dannyboy660]

A contract is signed for credit, by person(s) who is known to the creditor, and an agreement is made for such credit to be repaid.

 

The Creditor is satisfied that the Debtor is indebted because they have the instruments to prove such.

 

The Debtor repays the balance unless or until the Creditor is repaid, plus reasonable interest.

 

What could be simpler???

 

Why would it take six years, in the 21st Century, for a creditor to get their money back??

 

Surely the only explanation is they are looking for a way to make an extra profit for 'expenses' they have credited to Joe Public and Janet Street-Person.........?????

 

 

Three years is more than enough.

[cashins]

Why would it take six years, in the 21st Century, for a creditor to get their money back??

 

 

Because in many cases they did not bother to comply with legislation thats been around for 35 years now.

 

They need just a little more time to see what they can scare out of you.

 

David

[dannyboy660]

Dave,

 

I love you....

 

and I want to have your children....

 

 

[sillygirl1]

I have a little plan of action for this rag on DCA Action day, PM me if you want to join in (anyone NOT recognised by me on CAG will be ignored).

[dannyboy660]

Blimey, if you're serious I'll go for it....

 

 

 

We'll have to go all the way though..........

[Nottsdave]

Dannyboy is that you singing ?

 

Great voice mate

 

Notts

[dannyboy660]

 

I wish!!!

 

 

I think it's time to gather together what we've achieved - and make something of the unique position we are in.

[mr.ton]

 

well these are not made up!!!

 

No-one will turn up on your doorstep despite threats to the contrary.

 

A CCJ is nothing to be worried about anyway - it just bascially sets down in law what the person must pay & when - taking all their outgoings into account etc...

 

Ive had numerous CCJ's over the years & its had no adverse effect on my life whatsoever.

 

 

 

As far as im concerned, legal action is actually a good thing & something to be encouraged, in terms of....people have so many legal rights/rules/protections & it costing them money etc...

 

 

 

Forgive me if i dont actually share my fellow caggers dislike of the Rankine

 

Fact is Triton are not legally entitled to penny off you, only a county court is.

 

I really am on a personal revenge mission now after yesterday

 

If i hated the like of Muck Hall/Credit Solutions & Wescot - then thats nothing compared to my venom for this lot now

 

I do feel like a 1 man crusade

 

.

 

I even beg & plead with the*DCA's to harrass & visit me, but they never do

 

Me & few others on here like to ring round the*DCA's to taunt them

 

Do not send them anything other than a get lost message.

.

 

Some Saturday nights ive had a few largers & forgotten what ive posted on this thread..its only when i realize the next day

 

They wont send anybody to anyones door..its just a threat,

 

If you really want to take the p*ss like me.

 

Like i mentioned before...its just a paradise for those who are angry against the system in general....like me

 

 

 

 

So far today..ive already made complaints about 3 banks, 2 utility companies, 3*DCA's & 2 government departments. (1 the inland revenue)*

I do admit that i am chancing my luck with all these complaints as im hoping for a few payouts or good will gesture payouts...i know it may be wishful thinking on my part, but you just never know with things like this.

 

Oh right ok...my apologies...i just see the word "DCA" & then go off on one*

 

t cant be helped when i just see that word..i go into standard response mode

 

Infact i positivley enjoy it,encourage it & love taunting them about the fact that i owe the mone

 

It really is time for a revolution in this country.

 

Charging orders can easily be*set aside*& are nothing to worry about unless you actually sell the house

 

 

 

 

fair enough - clearly you consider it all a big game, you're on a crusade, you don't think that ccjs and charging orders are serious stuff

 

fine

 

but others want more balanced advise and dont want to join the revolution!

 

definately last post and sincere apologies for going off post

 

Wow..you went to the trouble to dig up all those quotes that ive made - im so flattered

[Rhia]

OK! OK! Let's stick to the topic shall we? This proposed legislation is far too important to allow this diversion.

 

And this time I agree with Kraken - many DCAs take court action and have done so for years because they have been unchallenged.

 

I am also of the opinion that they sit on many debts right up until six months or so before they are SB and then start recovery action. Why? Because they are stacking up interest - after all why pursue a £2k debt when you can inflate it to £6k (just a made up number BTW) and then frighten the debtor into coughing up OR get a much bigger slice of their property.

[mr.ton]

Perhaps 1 of these days Kraken & diddy will realize that what i am trying to get across to everyone on here (maybe not well admittedly???), but what i try to say is...that only the county court that has the power to obtain money out of the individual in this country.

Yes i agree that anyone can drag anyone to court - but there is a fee for that & thats why most (not all) DCA's dont go anywhere near the places & just rely on threats in the hope that you buckle with fright & pay up.

I & many others on here know what DCA's are like - you only have to ask the likes of ODC & Babybear for their examples of things that have been said to them by DCA's.

They lie,cheat,bully,threaten & no repayment amount is ever good enough for them.

I encourage people to go to the courts because that way it is all sorted out properley/legally/officially & an amount will be paid based on what they can afford rather than what the DCA wants them to pay.

Why some see that as reckless/irresponsible or poor advice is beyond me?

I suspect they know the more people can just get away with re-paying £1 per month in a county court, then the more the DCA sympathises like Kraken & Diddy will take a dislike to you.

I get accused of all sorts coz thats the line i take, well let me say that it would be even worse if i said "oh just pay up staight away/give the DCA what it wants" etc...

I know Kraken & diddy would rather i did take that line, but i wont.

Call me a vigilante/a revolutionist..call me whatever you want (sticks & stones etc...) but i will carry on giving my advice & carry on saying things like what Diddy has quoted me on above.

If people like me for it then great, if they dont then tough...plain & simple as that

[Rhia]

Calm down dear. It's only a DCA.

Mr Ton I know you want to help but we do need to keep this thread on topic which is about the Credit Today story about DCAs getting in a sweat because the MoJ wants to reduce the limitation period to three years instead of six.

We are working for the greater good on CAG, not on individual crusades - although the greater good in turn helps in individual crusades through knowledge, experience and collective brain power.

Please can we keep on this limitation/MoJ subject only otherwise we'll get CAGbotted, thread closed and no-one will benefit.

[ODC]

 

I am also of the opinion that they sit on many debts right up until six months or so before they are SB and then start recovery action. Why? Because they are stacking up interest - after all why pursue a £2k debt when you can inflate it to £6k (just a made up number BTW) and then frighten the debtor into coughing up OR get a much bigger slice of their property.

Of course by leaving debts that long they run the huge risk that

a. The Original Creditor will not be able to produce the proper paperwork,

b. That they will faff about so long that the debt becomes statute barred anyway

c. A savvy debtor will stall them for six months and the debt will be statute barred anyway.

 

If changing the time down from six years to three years would be better for the DCAs as some here suggest then why are they squealing so much about it and making their usual EMPTY threats

[mr.ton]

Even 3 years is too long