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Is it me


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Is it me but in the last two years of being on here I've noticed that Mr. DCA is on the bones of its ass.

 

What I mean is the tactics being employed by DCA 's are getting more and more desperate.

 

DCA are going out of buisness, who would have ever thought that a few years ago?

 

DCA are actually losing money?

 

DCA are having to pay costs for losing in court.

 

DCA are buying UNENFORCEABLE debts they have not a pray of recovering

 

More and more people are turning to CAG

 

DCA are desperate to shut down sites like this.

 

Bottom line I think we are actually winning against this ****.

 

I mean really where do they make there money these days?

 

The amount of people ignorant gets less and less every minute, since I've typed this 4 or 5 people have come on here asking for help.

 

DCA's are finished and do you what...... I think they know it:violin:

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

Bring back free speech we miss it!

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Like all things there are TWO sides to a question.

The first is OK one DID borrow the money.

The second is of course the manner under which the original creditor has the right to collect the debt back -- obviously there needs to be SOME commercial legislation otherwise who would ever pay ANYTHING back.

 

The issue really starts when through changed circumstances over which YOU HAVE NO CONTROL such as unemployment, your job being off shored to India etc, Illness, Family bereavements such as death of the Breadwinner or divorce etc etc.

 

This means that WHATEVER the contract originally says it is QUITE IMPOSSIBLE for you to honour it -- after all if you don't have money how can you pay it back.

 

It's THIS stage of the whole process where sheer greed and bloodymindedness of various creditors cause the problem.

 

Most people (including those on CAG) are usually prepared to pay something never mind how small but since creditors almost NEVER treat anyone with respect and compassion its no wonder everyone will look for ANYTHING to have a go at the DCA's and so they should.

 

Banks who have received ENORMOUS amounts of money from the hard pressed taxpayer can write off bad debts AND GET MORE TAX RELIEF on them while passing this stuff out to a DCA.

 

The DCA buys these debts for around 10p in the pound -- so if only 2 or 3 pay up its still potentially a HUGE profit.

 

We really need the law changed -- a DCA can only be ACTING AS AN AGENT for the OC. No buying and selling of debts should be allowed.

 

In any case If I owe say HSBC 3,000 GBP and [email protected] say "buys" the debt is there REALLY anything in law that says I actually have to pay [email protected] or whoever else anything.

 

I haven't signed any agreement with the DCA so there MUST be something in law that can invalidate this process of re-assignment of debts --surely.

 

I'm also looking at a complex issue from the Stockmarket -- these types of packages are known as "derivatives" and the purchaser is essentially "buying short".

 

Now there are ALL sorts of conditions attached to short selling of "derivatives" so although complex something might drop out here too especially if these guys don't have market traders licences which I'm sure they won't have.

 

Cheers

jimbo

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Hi Jimbo

 

Did'nt the Rankines try that route? purchased the debt from us for a quid, but charged £500.00. to tell you the debt was now theirs, to which they responded..the DCA have an obligation to collect, but we have an obligation to notify you that this alleged debt is unenforceable.

 

Didnt they look nice on the tele?

 

Mr W

Regards..Mr Worried :)

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"is there REALLY anything in law that says I actually have to pay [email protected] or whoever else anything."Yes, the Law of Propery Act 1925/contract law. Debts are Choses (things) in action, and can be assigned.

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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We really need the law changed -- a DCA can only be ACTING AS AN AGENT for the OC. No buying and selling of debts should be allowed.

I haven't signed any agreement with the DCA so there MUST be something in law that can invalidate this process of re-assignment of debts --surely.

 

But don't the law actually regulates this and them ignoring it been helpful? How many of these sales are actually lawful? If they do not send out the NoA via recorded delivery, then the sale is unlawful.

 

Granted, they will harrass you and many ignorant people are paying up but once they have bought it and failed to comply with the NoA, then you can basicly ignore them and should they try their luck in court, easily defeat them?

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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I've been saying for years that the Debt Buyers and Sellers Group should be disbanded and all its member firms directors put under scrutiny. They have caused untold problems for this country INCLUDING fuelling the debt mountain... how many people have remortgaged to repay debts that have been inflated and then lost their houses... how many people have lost their lives to the harrassment that the DCAs give.... I could go on for a while about this.

 

We need some positive action and I have got something brewing by way of a petition to Government, they have said that they will look at ALL petitions which get over 500 votes so I am going to have a petition against the DBSG...

 

My last petition was closee five months early due to the change of Government and that had 290 votes..

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Going back to the original thread and why DCA's are failing.

 

It is simple. During the 1990's and up to 2007, companies were 'frothing at the mouth' to lend money and offer contracts for consumer goods, without proper checks taking place. As a result of rushed decision making and lack of good house keeping, they have severly compromised the whole financial system, as well as debt collection.

 

There is now so much 'old sh*t' in the system, it is severly affecting the ability of DCA's to efficiently apply resources to make collections on debts that are collectable. This may be the reason for Lowells recently closing off some old debts and for the letters people have received.

 

If DCA's continue as they are, many will fail or will be merged to form larger companies. What they need to do is think about totally writing off all statute barred debts that are not being paid and not to take any more of these debts on. It surprises me that some of the DCA's are willing to take on debts from catalogue companies, that are already SB'd. My sister in law had a debt collection letter from a DCA about a catalogue debt, that was about 7 years old. How stupid of a DCA to take on a 7 year old debt, that could not be collected on before. If they paid for it, even more stupid.

 

I think the DCA's need to 'wake up and smell the coffee' and to start implementing processes which enable fair collection of what is owed. If they continue to act in the devious way that many currently are, it will only harm their businesses.

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Credit Today had an article on the DCAs struggle to survive a while ago, cited then that 15 companies were likely to fold completely and a further 20 odd were to be merged...

 

Hopefully the death bell is tolling for the 'industry' that only exists to perpetuate itself, rather than serve its clients or customers any clear purpose.

 

Surely once a debt is sold THAT IS IT... it should not be possible to sell/assign it again and again and again....

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Now, heres a radical thought - when we apply/applied for debt, we, our lifestyles and our finances were scrutinized to a greater or lesser degree to assure that the likelyhood of us being able AT THAT TIME To meet our commitments was suitable.

 

What no-one did was a reverse proceedure against our proposed creditors. So they DO need to take some of the blame, as they too DID NOT KNOW WHAT THE FUTURE HELD! Exactly the same as their debtors.

 

My thoughts are, that given that we, the taxpayer of this country are being 'FORCED' to make up the money THEY lost/squandered/ and to quote various DCAs ' You had the money, you spent the money, don't try and avoid paying your debts'. There should therefore be equality with the GOVERNMENT treating both they, the Banks and US their customers on an equal footing.

 

I feel that perhaps a Government Body aught to have been set up to deal with people in difficulties at this time and I mean all people. There should be criteria set and, depending on this criteria, the Government Body should decide if or not an individual is ABLE to pay any debts. I suppose this is a bit like Insolvency/Bankruptcy but with a less daunting outcome.

 

Why did your income change from the time you took finance to now: Redundancy; Illness: Other:

 

How have your circumstances change : are you: Dead; Disabled; Divorced: Homeless (for what reason).

 

Using real time figures they could creat an official I & E from which to work and the result could be reflected on your Credit File.

 

This is the basis of an idea, I know it will never happen, but any ideas/suggestions?

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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