Getting A DCA To Go For A SD Rather Than A CCJ

[RoyalIrish]

Hi All,

 

I have 2 Credit Card debts (£1,600 & £2,400) that are in dispute because of unfulfilled CCA requests and my wife has got 2 Credit Card debts (£1,700 and £1,600) and considerably more 'smaller' catalog type debts (approx £7,000 worth) all with various pond **** DCA's who are hounding us to the brink of insanity.

 

Strangely, Lowell's seem to be getting most of them, maybe they think they can get blood out of a stone?

 

There is NOT one CCA for any of them that could be considered 'enforcable'.

 

Due to the recent changes and the dodgy area of claiming unenforcability etc. we have discussed it and because we have lost any assets that we once had, bankruptcy seems 'unbelieveably' to be a damn good way of wiping the slate clean, getting our life back and these parasites off our backs once and for all.

 

We cannot afford to pay for this ourselves or we would do it tomorrow so we are hoping that Lowell's will issue us an SD.

 

Could anyone please advise us on how we could 'goad' the DCA's into bankrupting us before we end up in County Court or is this at all possible?

 

At the moment Lowell's seems to be launching the hardest offensive on 2 of our Credit Card debts.

 

Basically, how can we avoid County Court (for her smaller debts) and get them to bankrupt us asap?

 

RI

[cerberusalert]

If your debts are £15K or less each you can apply for a DRO which costs £90.

[BRIGADIER2JCS]

Hi RI, Having read a number of your post, do you

and your wife admit these debt, and have you

failed to meet the commitments you undertook

when you obtained the credit, you cannot

goad anyone into making you BR, if you cannot

pay the debts that you admit, then declare yourselves

bankrupt, IMHO you are into debt avoidance

which this site does not condone.

 

MOD,s I am in your hands,

[ro284]

What is a DRO please?

[cerberusalert]

What is a DRO please?

 

http://www.insolvency.gov.uk/bankruptcy/alternativestobankruptcy.htm

[rockwell304]

Hi RI, Having read a number of your post, do you

and your wife admit these debt, and have you

failed to meet the commitments you undertook

when you obtained the credit, you cannot

goad anyone into making you BR, if you cannot

pay the debts that you admit, then declare yourselves

bankrupt, IMHO you are into debt avoidance

which this site does not condone.

 

MOD,s I am in your hands,

 

RI stated in his original post that both he and his wife had lost their assets, it happens sometimes! in addition they appear unable to clear small debts and are also unable to afford the bankruptcy costs, around £750 I believe. If this is true it hardly sounds like avoidance to me!

 

Perhaps you should take note of the OP's circumstances before assuming the moral high ground!

[BRIGADIER2JCS]

Rockwell I seek no MORAL HIGH GROUND, I speak

as I see the back ground unfold, they have admitted

that they have the debts and as much as I hate to state

this OK they cannot afford to pay the debts, they do owe

them, just because the debts have been sold assigned, etc.

I think in this one particular case, there is reason to shut

up and pay up.

 

I have not changed my opinion, the ''circumstances'' do not seem

to have little relevance.

 

If I'am censured ok.

[payback68]

RoyalIrish follow the following link and click the PDF file under " Dealing with debt" click "in Debt dealing with your creditors, it gives you various options there.

 

http://www.insolvency.gov.uk/guidanceleaflets/Guides.htm

 

Regards

 

PB68.

[RoyalIrish]

I'm too 'long in the tooth' and 'thick skinned' to let a comment from a troll bother me and his opinion is irrelevant.

 

Although, I cannot fully understand from my above post, why he has launched such a scathing and hurtful personal attack on me?

 

I think Brig makes it quite clear that he makes 'debt avoidance' his own personal hobby or maybe he put his other '11 successful mediations' down to other circumstances, I'd dearly love to know how he actually separates the 'can't pays' from the 'won't pays'.

 

Perhaps there is a formula?

 

The fact that he 'thinks' that he can judge me and my motives means that he has been reading and re-reading all of my previous posts which I sincerely find really quite disturbing.

 

Maybe some reading of his own previous posts will reveal his motives.

 

As I recall, I had a small disagreement of sorts with him on another thread which I think has prompted him into this insulting and quite uncalled for flaming.

 

I find it ludicrous that he can accuse me of debt avoidance when he actually 'claims' to help others in identical situations such as the one that we are in, how are my wife and I so different?

 

I can assure you we are not trying to avoid being in debt, we are just sick of it all and want to end it as it is consuming our very existance.

 

I personally think that it was purely a deliberate personal and offensive attack on me or else he would not of written 'MODS I am your hands' after his rant.

 

Particularly offensive and disturbing is the way he says, 'as much as I hate to state this OK they cannot afford to pay the debts'.

 

What on earth is that about and why should he 'hate to state' anything and what does he refer to when he sees 'the background unfold'?

 

Are you a detective or something?

 

A ridiculous and transparent personal attack, shame on you Brig!

 

In conclusion,

 

YES BRIG, YOU WERE ABSOLUTELY SPOT ON, I AM AVOIDING PAYING THESE DEBTS!

 

I HAVE NO MONEY AND CANNOT AFFORD TO!

 

Perhaps if you were actually in the same position as my wife and I are in then you would avoid paying your debts as well.

 

I will quite happily continue to avoid paying debts for as long as I am in this position.

 

(To the 'helpful' others, I've looked at the links but from what I read a DRO only applies in England or Wales and not in Northern Ireland, thanks for the advice!)

Edited July 24, 2011 by RoyalIrish

[theghost]

I thought DCAs only follow through with banruptcy proceedings when the person actually has some assets.

 

Therefore chances are they wont bother with you if you have no money AT ALL.

 

They will just go for small payments or a CCJ.

[BRIGADIER2JCS]

Royal Irish take note I with draw nothing, I have no debts, and

I am most certainly no a TROLL,.

I came to CAG only to help others.

 

One other point mediation is NOT avoiding debts it

is most definitely acknowledging them and paying the.

The benefit is that the strain and harassment from the DCA ceases

and there is no CCJ registered against them, perhaps for some of your

larger debts a Tomlin order would be suitable.

Edited July 25, 2011 by BRIGADIER2JCS

[casper1963]

Royal Irish take note I with draw nothing, I have no debts, and

I am most certainly no a TROLL,.

I came to CAG only to help others.

 

bit of topic but would like to say i have had some good advice from the BRIG and dont believe to be a troll just some one here to advise in what they believe whether or not its what we want to hear.

[BRIGADIER2JCS]

Casper, I appreciate your remarks, and you are right

we all hear thing that we don't like, or don't want to believe but

that's life.

[unclebulgaria67]

I think Brig was being sincere that people in general look to avoid rather than deal with the problem. This is always difficult to communicate.

 

I think what was being said, is that RI should not be looking for Lowell to take any action, as they won't do anything unless it is their interest and it will be at the time of their choosing.

 

My advice is for RI to contact Debt Advice Northern Ireland who offer free debt advice, have a freephone number, they are long established (since 1932) and have involvency practitioners who can guide them as to what they can do. Perhaps in NI there are other solutions which can be used.

[coledog]

I can fully understand the desire to become Bankrupt and make a fresh start, I do not personally think that it indicates 'debt avoidance' and facing years of silly token payment is daunting. BR helps alot of people. There have been a few people on here desparate for creditors to make them BR but they will not as it is not in their interests. There is charitable help available with the fees but you have to go through an agency like CAB to get it. ALSO - The BRIG is certainly not a 'troll' and is a very valued contributer to this Forum, so there!.

[BRIGADIER2JCS]

Hi Uncle, That is right, I see CAG as a vehicle to encourage

people to help them selves put their life in order,and not as you said

wait for ''who ever'' to take action for what ever reason and ''solve''

the debtors problems for them.

[Sk1ppy]

I would give you the analogy: Tax avoidance is the legal utilization of the tax regime to one's own advantage, to reduce the amount of tax that is payable by means that are within the law. By contrast, tax evasion is the general term for efforts not to pay taxes by illegal means. To me this applies to debts as well. it may not be morally right, but that's what my Priest is there to sort out. A lot of people on here want to avoid paying there debts through whatever legal means.

 

Only my thoughts and do not represent the opinions of the site admins on this site.

 

EDIT: i have gone for bankruptcy twice under the shelter of Limited Liability. The official receiver actually said to me when I tried to justify why, for the second time, I had sheltered behind bankruptcy QUOTE "That is what Limited Liability is for" Not quite the same as personal bankruptcy but I would not have a moral issue with going strategically bankrupt if it was in my best interest.

 

2nd EDIT Agreed with the above post the Brig is not a Troll

Edited July 25, 2011 by Sk1ppy