SB: Unenforceable But Why Not Non-collectable?

[CD36]

Why can confirmed SB debts still be pursued in England and Wales? Surely if they were made non-collectable it would cut out all the bottom feeding DCAs who make a living from frightening/cheating payments from the naive and unaware?

[wales01man]

Re: SB: Unenforceable But Why Not Non-collectable?

Methinks your last 3 words CD36 are the reason they are the targets of the cretins

[labman]

Re: SB: Unenforceable But Why Not Non-collectable?

Why can confirmed SB debts still be pursued in England and Wales?

Because sometimes the law really is an ass! I agree with your other sentiments, though there will be people on the site of the opinion that the money was borrowed, so why shouldn't they be allowed to continue to ask for it back.

[Inca]

Re: SB: Unenforceable But Why Not Non-collectable?

I'm firmly of the belief of 'You borrowed the money,you should pay it back'...and it does annoy me that some people deliberately dodge and dart around avoiding their paying their debts until they become SB and brag about it.
HOWEVER (before I get lynched)....I also disagree with companies who actively encourage people to run up huge debts then harrass the poor soul to the ends of the Earth for money they KNOW they aint gonna get.
If credit (cards) are issued properly,all legal and signed for (no loopholes) and the person using the card runs up debt then it stands to reason that the debt is going to be chased for ever and a day.

[wales01man]

Re: SB: Unenforceable But Why Not Non-collectable?

INCA
I accept your view i would love to pay it back but due to business failure and miy ill health and my wifes disabilities we will never be able to earn the money to pay back what we owe,at the present rate of our income we would take nerly ten years to pay it off ,thats if we stop eating washing staying warm and living ,being dead wont get anyone their money.
When we borrowed the money we had a property worth more than the total debts and 2 businesses both growing and together generating upwards of 90k in wages for us,we neither owned anything fancy never had holidays or wasted money,the recession came both businesses went under at the same time my wifes health detioriated we lost everthing ,no bailout for us but did you and others notice the billions given to the banks who caused the recession?
I can now sit here laughinging it all off off course id much rather have the house and businesses which if the rate of growth if sustained would have made me a millionaire and if circumstances had changed my wife wouldnt be living on a suitcase of painkillers and pills ,No i dont feel sorry forus we came through it all and really would not changed anything life can be shit we know but we tried and failed they can chase forever and a day but its not there for anyone to take

[Inca]

Re: SB: Unenforceable But Why Not Non-collectable?

No wales,,you misunderstand me my love. People such as yourself who got dealt a shitty hand by life do NOT deserve to get harrassed and harangued for debts you had every intention of paying when you took them on,,circumstances beyond your control took that away from you and I fully support your decisions to put your wife and family first,,losing your business must have been a huge kick in the teeth,thats enough punsihment without DCA's making your life a misery.

I mean the people who loaded themselves up with goodies on credit and then took the 'stuff that'' attitude and are whining cos they are being chased for payment.

[CD36]

Re: SB: Unenforceable But Why Not Non-collectable?

The purpose of my post was to establish the legal reasoning, rather than to raise a moral debate. Having said that, I don't condone debt avoidance, but I do consider it equally immoral for bottom rung DCAs to obtain payment by deception and extortion. OCs should be legally obliged to manage agreements correctly, and if they don't the debt should become non-collectable once it reaches SB.

[wales01man]

Re: SB: Unenforceable But Why Not Non-collectable?

CD36
The bottom feeders dont worry how much grief they give anyone or how they go about the business threts seem to be the order of the day if only everyone was aware of what they can and cannot do through sites like this then they may abide by the rules but thats a pipedream

[CD36]

Re: SB: Unenforceable But Why Not Non-collectable?

Of course they don't. Maybe if this the law was the same as in Scotland they wouldn't be able to trade. Perhaps it's more than coincidence that a number of them are based there, but operate in England.

[FlamingParrot]

Re: SB: Unenforceable But Why Not Non-collectable?

Because sometimes the law really is an ass! I agree with your other sentiments, though there will be people on the site of the opinion that the money was borrowed, so why shouldn't they be allowed to continue to ask for it back.

There is a reason why there's a Statute of Limitations, because it wouldn't be fair to chase people for their debts for life, especially given that they are written of by the creditors for tax purposes when they are sold on, so they are not really losing money as such.

Legal considerations aside, from a more 'moral' or 'ethical' perspective, there is a difference between debts to financial institutions who, for all practical purposes, whip up money out of thin air by creating it as debt, and debts for services provided or money borrowed from individuals like family and friends. In the second instance the money is real and not paying it back does deprive the lender of its own money, this isn't quite the same with the financial sector due to the way in which it operates. If anyone is wondering why there is such a difference, just google 'fractional reserve banking'.

There is, of course, the fact that banks have neither morals nor ethics!

[FlamingParrot]

Re: SB: Unenforceable But Why Not Non-collectable?

Why can confirmed SB debts still be pursued in England and Wales? Surely if they were made non-collectable it would cut out all the bottom feeding DCAs who make a living from frightening/cheating payments from the naive and unaware?

You may want to look at this thread where the subject was recently discussed: http://www.legalbeagles.info/forums/...e-Barred-debts

Note that even though they can still ASK for the money, once a debtor writes to a DCA saying the debt is SB and they won't be paying it, they should stop chasing the debtor, as per OFT Guidelines.

[CD36]

Re: SB: Unenforceable But Why Not Non-collectable?

^ I actually posted in that thread, which partly prompted me to start this one. I agree a letter to the DCA should be sufficient, but the reality is that they will contest it, invent payments, or even take action against someone without their knowledge.
They know the OFT are generally gutless, and as long as they are able, they will continue to exploit SB collection and abuse creditors and the courts.

[Inca]

Re: SB: Unenforceable But Why Not Non-collectable?

It's a shame that there isn't a way to filter the debt avoiders out from SB.
If there was a system whereby 'proven inability to pay' cases became immediately wiped out forever but the 'can pay,won't pay' cases continued to be asked,to me,that would be more acceptable.
I also think DCA's need a thorough shake up and the way they pursue debtors needs serious attention.

And before anyone gets the wrong idea...I totally 100% sympathise with people who have incurred debts by losing everything they have worked so hard for,these people do not deserve the crap DCA's dish out.

[labman]

Re: SB: Unenforceable But Why Not Non-collectable?

To a small extent, genuine cases can access some help. I know when I was going through the worst of it, and before I learned to accept they can't have what I haven't got, a couple of debts were written off. Sadly though, despite trying our best, we still ended up losing everything I'd worked so hard for, though I must say in many ways we're happier for it. The hard bit is coming to the acceptance they can't have what you haven't got, so whatever will be, will be.

I would encourage anyone in debt to look at potential ways to get some written off though - something is better than nothing.

[winner12]

Re: SB: Unenforceable But Why Not Non-collectable?

To a small extent, genuine cases can access some help. I know when I was going through the worst of it, and before I learned to accept they can't have what I haven't got, a couple of debts were written off. Sadly though, despite trying our best, we still ended up losing everything I'd worked so hard for, though I must say in many ways we're happier for it. The hard bit is coming to the acceptance they can't have what you haven't got, so whatever will be, will be.

I would encourage anyone in debt to look at potential ways to get some written off though - something is better than nothing.

You are so right Labman but as was pointed out above lots of people when threatened by the banks and DCA fearing losing everything will pay up somehow through guilt or doing the right thing
My bitter experience even a couple of weeks ago I had a bank and a dca making my life hell and thanks to this site I sorted it
They cant have what I have not got but I had a few sleepless nights worrying what they were going to do when realisation was they could not do anything but the threat of being taken to court when I had adhered to their request left me very confused which is the problem I think ,
DCA and Banks confuse people into thinking they have no choices but this site clears up most of the confusion ,people who have been there done that and got the badge to prove it god bless them all !!!!