Discussion about "A short warning thread"

[meshi]

About time someone said this.

 

I particularly like you last point. Some people are now getting greedy on this board.

 

You know you ran up a debt and all well and good trying to get out of it by doing a CCA request. But i think it is just plain greed that people are also trying to recover money they have already paid.

 

I'm all for using legal loop holes (I am doing the same at present) but some people are just being plain greedy.

 

Its called Karma and it will come back on you if you try and take the pee too much

[meshi]

And another thing people are getting hung up on whether its an application or an agreement. You can call it the Karma Sutra for all I care but if it is a piece of toilet paper and it is signed by the debtor and has the prescribed terms then the court can enforce the debt.

[patrickq1]

what sun lol you are absolutely correct in everything you say,for myself i have debts that i pay monthly even though i am still taking action i still intend paying my way ,its also true to say if you have been lucky enough to get a cash settlement and you have other debts you can enforce your action by depositing this money into the courts and then your standing in front of a judge will work wonders because the judge will see you are a decent person...so i am in complete agreement with everything said..what does disturb me is when people say how can i get out of not payin..truthfully you should just pay what you can and explain if its a reduced sum

and also a reminder because a claim has been struck out please remember the claim can be brought back to life just when you thought it was all clear,so be thoughtful and careful their is no need to tell any untruths as it has a nasty habit of biting you on the bum lol when you least expect it the truth will always prevail

[patrickq1]

i will soon be looking for support in aid to get some sort of goverment and public backing to changing one particular term in the T&C that concerns every one the removal of passing data to a third party unless it is to a judge the police or the taxman and no one else unless instructed by a judge otherwise

patrick

[itsamomentintime]

Believing everything a creditor or DCA says

If they do anything wrong, complain under the consumer credit act 2006.

 

 

complain to:

 

the police

FOS

OFT Trading Standards

US!!!

[Bookworm]

Not getting help when you need it

 

I would suggest getting into contact with the national debt line, CCCS, PayPlan or Citizens Advice Bureau the second any DCA contacts you.

 

And CAG, of course!!! ;-)

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[tomterm8]

And CAG, of course!!! ;-)

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That goes without saying:)

[Weird Al Yankovic]

And another thing people are getting hung up on whether its an application or an agreement. You can call it the Karma Sutra for all I care but if it is a piece of toilet paper and it is signed by the debtor and has the prescribed terms then the court can enforce the debt.

 

 

Not in my experience.

 

I was only sent an application by Barclaycard which was pointed out to them and they replied that the agreement will be sent in due course.

 

8 months later and it has not and neither they nor Mercer's have bothered me since.

 

Why didn't they just go to court with the application?

[tomterm8]

Not in my experience.

 

I was only sent an application by Barclaycard which was pointed out to them and they replied that the agreement will be sent in due course.

 

8 months later and it has not and neither they nor Mercer's have bothered me since.

 

Why didn't they just go to court with the application?

 

I've seen barclaycard applications from 5+ years ago, and they simply don't have the prescribed terms on them.

 

plus, there are arguments against applications being valid, and for the creditor to prove this, it would cost them substantially more than the debt was worth.

[Bookworm]

Ok, folks, I am going to sticky this, so am going to tidy up your answers and put them in a thread of their own, so you are all about to get CABbotted, don't worry about it, ok? ;-)

[maggieboo]

If you complain to TS and they don't want to know, then what do you do?

[Weird Al Yankovic]

If you complain to TS and they don't want to know, then what do you do?

 

Myself, I'd just be prepared to go to court and sort it out.

 

How could I defend myself without being furnished the correct paperwork by my claimants?

 

A defence is a basic.

[patrickq1]

i had a dream that one Bank decided to break ranks and tell all its customers,WE ARE TRULLY SORRY,and from this day forward we shall endevoure to go through every customers records and we promise that all excess charges that you presumed unfair will be returned in the coming months,we reaalise your are the most valuble comodity we have and would hope you will continue to stay with us in GOOD FAITH lol better get out another bottle an invite the bank manager round for sunday dinner lol night night every one

patrickq1

honesty truth justice and hope and faith the main pillars of society take one away and the whole thing begins to crumble

[renegotiation]

People 'generally' know deep down within themselves whether they are acting morally or not. I think highly of Tomterm8 and agree with much that he said. I certainly wouldn't agree with accepting Stat Demands sent second class post on grounds of morality though. :-0 These are DCA's who would say and do anything they could get away with IMHO. Why make their lives easier? Of course people should get advice and consider their position ***very*** carefully, but why acknowledge their second class mail? They don't acknowledge stuff you send them normal mail that they are not interested in. This is a bit of a pointless argument in reality, as over 90% of stat demands don't lead anywhere. In principle though, that is where I unashamedly stand. For me, I would use any tactic against a DCA without batting an eyelid. They are a bunch of nasty cretins. This would certainly include claiming back money already paid 'if' it were possible. I know it has been pointed out that is isn't. I am just using it as an example. If it was the original creditor then it may be a different matter. I do also have some serious criticisms of the main players in the credit and banking industry though. I would look on each situation independently of the others.

 

*Disclaimer* :-0 Tomterm8 knows much more than me and I am not legally trained.

[Weird Al Yankovic]

I'm sorry but where were my creditors morals when I asked for just 3 months grace? Some of whom I had been with for 15 years and had never once missed a payment!

 

Egg didn't want to know after one missed payment!!

 

Why are they so keen to commence action? Nobody seems to answer this. There must be a reason-it would never have happened just 10 years ago.

 

My morals are akin to those I have to deal with. Otherwise I lose.

[stripper]

I'm sorry but where were my creditors morals when I asked for just 3 months grace? Some of whom I had been with for 15 years and had never once missed a payment!

 

Egg didn't want to know after one missed payment!!

 

Why are they so keen to commence action? Nobody seems to answer this. There must be a reason-it would never have happened just 10 years ago.

 

My morals are akin to those I have to deal with. Otherwise I lose.

 

From what I have read and understand,we have a legal system that tends to frown on Debtors and tend to favour the Creditors.This encourages the more nastier Creditors to try any trick they can to get court action against you.OFT /TS etc ,appear from what I have read on this site to be not interested in the individual and tend to pass the buck.This is also picked up by the Creditors .

We definately need more protection,but everytime there is a change in Law concerning Ccredit it tends to favour the Creditors: Bailiff changes proposed,Charging Orders .

[Finlay07]

I'm very sorry but morals, where money is concerned, flew out of the window a long time ago.

 

A company my father had dealings with used the bankruptcy laws to full effect. That also included taking my dad's firm with them as they owed him £20,000 (this was in the 1980's).

 

If a DCA or bank has the correct paperwork and follows the correct procedures, fine, we can arrange payment. If they can'/don't, well.......

 

Tough, i'm long past caring.

[dannyboy660]

IMy morals are akin to those I have to deal with. Otherwise I lose.

 

I agree, although I probably wouldn't have 12 months ago.

 

A DCA (Lowell) contacted my elderly mother with whom I have no financial connection, at an address where I have never lived, about a debt I did not owe. They made my life a misery for several weeks, until I brought in the 'big guns' to deal with it for me.

 

The way I see it, this information and connection can only have been made using illegal tracing methods (I have some experience as a tracer myself), and based on information which they hadn't bothered to verify. I was never given a full explanation of how this happened by TS or OFT, both of whom took an interest.....but I know damn well Lowell were breaking the law, and were determined to bully me into paying them. They picked the wrong target on that occasion, but how many give in without actually checking on the DCA's legal right to collect???

 

 

If they play by the rules and do things legally and above board that's fair enough....but until they clean up their act and target genuine dodgers rather than those who may have just fallen on hard times and be struggling........then I say stick it to them every possible way you can!!!

 

Or why not insist on dealing with the OC, and no-one else?? After all, that's who you signed a contract with. Don't acknowledge any third party involvement whatsoever, that's what DCA's/Purchasers fear the most. I guess you could call that their 'Karma'.

[out of cash]

hi tomterm8,

 

i noticed your post about barclay card application/agreements they have come up with one which is about 23 years old i have high lighted the stuff i am questioning could they make this enforceable or is this a copy and past job?

 

best regards

 

out of cash

barclaycardcca b.zip

[babybear39]

After the way I have been treated by three particular DCAs, they've made my life a misery and worsened my longterm illnesses and disabilities, even threatening/bullying/intimidating/harassing etc. while I was suffering from a life threatening condition, they can fluff off unless they can prove the alledged debts. They're not getting another penny out of me for the suffering they've caused unless they can prove I actually owe them money

[sosumi]

i had a dream that one Bank decided to break ranks and tell all its customers,WE ARE TRULLY SORRY,and from this day forward we shall endevoure to go through every customers records and we promise that all excess charges that you presumed unfair will be returned in the coming months,we reaalise your are the most valuble comodity we have and would hope you will continue to stay with us in GOOD FAITH lol better get out another bottle an invite the bank manager round for sunday dinner lol night night every one

patrickq1

honesty truth justice and hope and faith the main pillars of society take one away and the whole thing begins to crumble

I really like this PatrickQ:)

The whole discussion, and the original thread here made me think about the way asking for a copy of the Credit Agreement from these dubious DCAs, really helped us turn a corner.

[tomterm8]

I certainly wouldn't agree with accepting Stat Demands sent second class post on grounds of morality though. :-0 These are DCA's who would say and do anything they could get away with IMHO.

 

To clarify, I did not say that you should accept a statutory demand on grounds of morality, my standard advice is to apply for it to be set aside.

 

I merely say that advising someone to ignore a statutory demand is immoral, and my reasoning - that if it came to a bankruptcy hearing, they would have to commit a very serious criminal offence (perjury) to have the statutory demand set aside.

[patrickq1]

i would nt think twice i would write a letter to the cheif constable in your area about this behaviour and have them prosecute for trying to obtain monies by deception..make them pay the price and put all this on a legal footing ,because if a judge where to hear the circumstances i dont think he would think twice about a prison sentance .and i also think the judge would be asking the banks to come to the bench to answer some fundemental questions with regards to passing DATA without a legal satanding...i wish it was me they had persecuted..this would also bring all DCA companies to book and also give joe public confidence that they cannot get away with destroying peoples lives

[tomterm8]

hi tomterm8,

 

i noticed your post about barclay card application/agreements they have come up with one which is about 23 years old i have high lighted the stuff i am questioning could they make this enforceable or is this a copy and past job?

 

best regards

 

out of cash

 

The actually form seems OK(ish) however... it must seems strange that the form they sent you seems almost identical to one I remember from 1997, when this is apparently 23 years ago...

 

I might PM alanfromderby to find out if they have examples of the forms they sent, that far back.

 

Not that I'm suspicious, there might be a perfectly innocent explanation (like, they never update their forms) although I seem to remember the old barclaycard logo was different to the one on the form.

 

Just a thought.

[Having_A_Knightmare]

The Banks are to blaim with a lot of debt by increasing your credit limit everytime.

 

I had several cards years ago and what I did was balance transfer from one to the other to pay the min payment. As soon as my card got to its limit (with intrest charges) they increased my credit limit.

 

I kept Balance transfering for months and months untill my cards where maxed then I had to face up to the debt.

 

Some started at £3000 and ended up at £5000 +

 

Then the charges started for a further 6 months untill default.

 

An example of Citi the debt was £7400 the day I wrote to them to say no more and they got a charging order 9 months later for £9452.. I would say 75% of the debt is intrest and charges.

 

Another example is Cahoot flexi loan. Was paying minimum 2% at 14.9 APR

They sent me a letter to inform me that the minimum is now 2.5% and 19.9% APR. with a months notice. How can they justify a 5% APR rise with one months notice. I now cannot afford to make full payments.

 

So come on banks think what you are doing!!!