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Old 11-10-2008, 12:05 PM
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Default Debt Avoidance - Can't Pay v Won't Pay !!

I was wondering if I could get an official view on (from a mod or admin), shall we say regarding the position of Consumer Credit Support.

I understand and do support the view that if a DCA or OC acts unlawfully (i.e harresment etc) then they do deserve as little as they can get lol

However, I was wondering if CCS supports debt avoidance as a general rule ?

I appreciate that this is a very emotional topic and as some of the mods are aware I have been in debt, taken a DCA to Court and won and successfully dealt with CRA's. So I am by no means judging anyone, as I have been there and got the t-shirt. However, I do feel that the opinion of CCS is something that needs to be clarified.

As an emotional issue, it may be beneficial to prevent a slanging match if once an answer has been posted this thread is locked.
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Old 11-10-2008, 01:03 PM
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There is no way we advocate debt avoidance. We are to help people who, who like most of us have had unlawful penalty charges and the associated interest applied to our accounts.

If the OC had been half way reasonable, I am sure none us would have come out of our corners fighting and discovering along the way that our alleged agreements would be unenforceable in the first place, so they are prepared to sink the boot in, so why shouldn't we use what is lawful and fight back.

Several people have posted up agreements and asked if they are enforceable, On further investigation these people are looking for a loop hole so they wont have to pay and that is something we do not encourage.

In my case it was ID T h e f t which kicked off our demise and life came tumbling down. To find because of this OC's were applying penalty interest rates, for something which was beyond our control, is unfair. I have a couple of agreements with high interest rates and am challenging the rate of interest, not the loan. I feel it is double jeopardy. Something else stuffs your Credit rating and it is not your doing and instead slack being cut, they sink the boot in further, knowing the circumstances and in the case of one OC, they allowed the ID T h e f t to happen and then sent me into overdraft to cover the failed DD's and then charged a higher interest rate on the loan needed. The other OC I successfully negotiated the interest rate down after pointing out the loan terms were nothing like originally agreed and I would get a Judge to re-open the agreement. they then negotiated with me and both sides walked away with a good relationship. Never from the inception of this loan did I miss a payment, I just waited my time.

MBNA and Capital One and two catalogues companies are different stories.

So no Sgt Chubbs we do not encourage the 'wont pays'. We do encourage people who can't pay, to challenge unlawful charges and unreasonable DCA's and OC's who will not respond lawfully. If along the way the OC or DCA lose the lot, so be it.
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  #3  
Old 11-10-2008, 01:14 PM
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Thank you......
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Old 11-10-2008, 06:09 PM
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As 'official' leader of CCS I heartily endorse DL's comments above.

CCS does not and never has condoned the act of avoiding legitimate debts.

Most, if not all of us were driven into a corner by allegedly 'respectable' banks and credit providers using unlawful means to increase profits at our expense. Like most trapped animals we quickly learnt to fight back and in doing so we discovered the intricaies of the law and the CCA. If the creditor chose not to ensure the paperwork is legally correct then it is a problem for them.

CCS will never knowingly condone debt avoidance, but we will help anyone that needs help if the paperwork isn't in order.

That's about as official as it gets
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Old 11-10-2008, 07:04 PM
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Thanks Tam.... Thought I better ask before putting my size tens in it
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Old 11-10-2008, 08:13 PM
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Quote:
Originally Posted by SgtChubbs View Post
Thanks Tam.... Thought I better ask before putting my size tens in it
All i can add is that i owed alot! of money to lloyds and i paid a lot of it under an settlement that they then backed out of once the cash was saefly in thier grasp, that was when my tied was turned.

I have always acknowledged my debts and pay my dues, but he who casts the first stone, to treat me as if i was anything other than honest and a human being, has everytime come off worse.
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Old 11-10-2008, 08:59 PM
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I am in a similar situation as DL, about 2 years ago there were a number of "debts" that came crawling out of the woodwork.

We went to see an adviser for how to go about dealing with all of it, and it became apparent very quickly that the OCs weren't in the slightest bit interested that they had to shoulder at least some of the blame for what had happened, needless to say, absolutely everything get's shredded now. As time went on, they did nothing to help, and the frequency of threatening letters just went up by the day.

As a result of speaking to my adviser, I was directed to OTR; and much to my delight I found Tam and Terminator, so I have OTR to thank for that.

I have learnt much from DL, Sparkie, Hocus et al, but the biggest lesson learnt from all here is you do things lawfully. I was very disappointed to see a particular post where the author was only interested in ducking out of their responsibilities. Hopefully those are few and far between.

Well that's my 2p worth
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  #8  
Old 11-10-2008, 09:18 PM
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In answer to the Sarge.This site was set up as a self help group we help and support each other and we act within the law.If anyone thinks that this is a way or getting rid of the debts the easy way then forget it.Everybodys case is different and it is all down to which stratigy you take.

Term
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The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373). .

The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

Moneylending transactions as a class give rise to significant social problems.

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Old 11-10-2008, 09:27 PM
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Quote:
Originally Posted by tink69 View Post
As a result of speaking to my adviser, I was directed to OTR; and much to my delight I found Tam and Terminator, so I have OTR to thank for that.


Well that's my 2p worth
Tink we all stick together as we are all in the same boat.FACT.!!

So if the going gets tough you only have to pm either me,tam.Zubo or DL we'll put yer right.

Term
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The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373). .

The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

Moneylending transactions as a class give rise to significant social problems.

Astalavista baby and I'll be back
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  #10  
Old 12-10-2008, 08:35 AM
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God I love you guys
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