So what if I ignore them?

[Dick Emery]

OK, OK, I know the policy put forward is NEVER to ignore them. However I wonder why this is the case. At least considering my own circumstances.

 

Currently unemployed. Rented accomodation. No assets.

 

I won't go into every single detail but basically my debt was sold to a DCA without me being informed and I never defaulted. I sent a CCA to the DCA and they sent some dodgey looking fax copy of an agreement with my signature on a disparate peice of paper. Based on this I made some payments to the DCA. After a few months they told me they were putting the payment amount up. I contested this and requested a TRUE signed copy of the agreement. Not some crappy fax copy. Because of this they passed it back to the original creditors.

 

The OC's then sell it on to another DCA. I ask them for the original agreement and they give up after only a couple of polite letters. Now it's with a third DCA and I have had a couple of letters with a payment slip at the bottom.

 

Again these letters are too polite right now. No threats just 'you may have this happen and you may that happen' etc.

 

I do not get phone calls anymore since changing my number although that may change if they find out the new number.

 

So I am thinking. Why did they give up so quickly? I read Moorcroft were a bunch of bullies. But to be honest I found them a pushover and the second DCA hardly even tried.

 

Does this mean that they don't have a leg to stand on? Has the original agreement gone south and all they have is a non-binding copy?

 

Or is it that I am not an easy target in that I do not have any assets to pursue? Not worth chasing too hard? No point in getting a charging order on someone who does not own a home or any other major assets after all?

 

By simply requesting a true signed copy of the agreement they all gave up too quickly. This seems...well...odd. Surely if they have something on me they would have used it by now and not keep passing it along to someone else? Surely if they felt they had a means of extracting anything from me they would have threatened court action and/or even started legal proceedings?

 

It makes me wonder what would hapen if I simply ignored them? Obviously the hope would be that I could stick it out for 3 years until it became statute barred.

 

Don't get me wrong. I am not a shirker of my responsibilities and realise I owe that debt. But the way that the debt has been dealt with makes me feel no sympathy towards the original creditors and I have NO qualms about dodging DCA's who are in my opinion, **** sucking leeches.

 

So what do I do? Do I keep playing ping pong with the DCA's forever and a day requesting a true signed copy of the agreement which they may never provide and having them pass it along the line to yet another DCA who may be more harrassing than the last? Or do I take the route of ignoring them altogether and seeing how it plays out (See if they really will try to take me to court. Even if they did what would they get? I'd agree to make a regular payment with the judge and that would be that)?

 

Basically this game of cat and mouse is silly and I want to take it one way or the other and not let it keep hanging over my head for months/years. As it stands there is no chance of me paying off the debt without winning the lottery. But I would also like to end it (At least make the DCA's go away). I read about DMP's etc but not sure the amount qualifies (under 10K) and from what I read they would only accept people who have had debt under 120 months or something like that. Mine has been outstanding for many years now.

 

Opinions?

 

EDIT: One other thing I forgot to ask. Can a DCA get a court judgement against me without me being informed beforehand so I can contest it or at least have my say in front of a judge? I seem to recall some people have had judgements made without even knowing about it until after it was already too late? Or is that not the case?

Edited February 18, 2010 by Dick Emery

[cerberusalert]

As you have not been provided with a 'True Copy' of the CCA within the prescribed period the a/c is in dispute and should not have been passed/sold on to anyone because collection activities must cease, send the latest muppets this;

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[Dick Emery]

Well that's all well and good but that's just another ping pong letter and does not really answer my query. I want to know how it might play out (Good or bad) if I simply do not reply to any of their letters given the info I just provided above on my circumstances and how it's played out so far.

[cerberusalert]

EDIT: One other thing I forgot to ask. Can a DCA get a court judgement against me without me being informed beforehand so I can contest it or at least have my say in front of a judge? I seem to recall some people have had judgements made without even knowing about it until after it was already too late? Or is that not the case?

In theory they can't, in practice it does happen through nefarious means but it can be set aside easily enough.

 

As for sending the letter in post #2 the reason I advised this is because if you want to follow the route of complaining to Trading Standards, OFT etc it provides the evidence that the DCA is in breach of OFT guidelines which is another nail in their coffin.

 

As for ignoring them, yes you could and things may even go quiet for a while but eventually they or someone they've passed the a/c on to will start the whole process again and so the wheel keeps turning.

[Dick Emery]

I'm trying to figure out if they would go to court or not really and if they are able to get a default judgement made without my intervention.

 

Either way I am going to get bombarded whether I reply or not. But if I do not reply and continue not replying then after 3 years it is statute barred. So the question then becomes whether I continue just playing ping pong with replies forever and a day and continue getting bombarded forever more - Or at least until such a time as I can afford to pay off the debt or make some final offer (Unlikely for the forseeable future). Or ignore them and let things take their course on the off chance they don't bother with court action and sit it out for 3 years.

 

I think you can see where I am coming from with this.

[balster]

One of my good friends took out over 100k worth of debt a few years ago.

He like you Dick E. had no real assets. He joined the merchant navy and sailed/worked around the world for about 6 years. He never heard anything about his debts when he got back.

Funny thing is that he is now married, has two kids, a mortgage and has loads of credit cards!!

I am not saying that you should skip the country and go and live in North Korea for 6 years.

[Dick Emery]

I have receieved a letter from Horwich and Farrelly saying that the debt is being dealt with by them. However the address is Robinson Way's and NOT Horwich and Farrelly's address (Different headed paper and phone number though). I then receieved two further letters from Robinson Way. The last of which is a shouty letter with 'Security Telemessage' printed all around the notice.

 

Is this Robinson Way blowing steam? I am currently ignoring all letters other than a court letter to see how far this will go and to contest it in court if needs be.

 

P.S. The letter I received following the Horwich Farrelly letter was one of those reduced payment offers. I.E. You can pay us a reduced final payment or pay it over 3 installments. Then I got the silly Telemessage letter.

 

If they are making me an offer to pay a reduced amount of the debt does this mean they are grasping at straws and likely don't have an enforceable CCA? Just wondering.

Edited May 16, 2010 by Dick Emery

[balster]

Sounds like a standard threatogram to me.