Legal Loopholes

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Skippy

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Post by Skippy » Wed Jan 06, 2010 9:00 pm
Excellent post Mel.
 
 

kallis3

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Post by kallis3 » Wed Jan 06, 2010 9:06 pm
I agree hammer, but I doubt this will happen.

The majority of us try to do something to pay off our debts and realise that the calls and letters are all part of this and we put up with them.

A lot of people who use this loophole aren't actually in trouble and just use this to try and get out of paying debts they can afford to pay.

Shouldn't be allowed.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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MelanieGiles

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Post by MelanieGiles » Wed Jan 06, 2010 9:14 pm
Why would a large number of letters and phone calls be deemed as harassment? Creditors should be entitled to be able to pursue their debts, and if a debtor is ignoring their letters I cannot see that the frequency of same would be harrassment. Harrassment is ony apparent when creditors are aware that their customers are trying to do something to deal with their debts, but they themselves ignore that goodwill in the belief that if they shout loud enough they will get paid.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Skippy

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Post by Skippy » Wed Jan 06, 2010 9:25 pm
I agree that creditors should be allowed to chase for their money. Surely though when the same creditor is phoning continuously throughout the day, as we often here on the forum, then this could is harrassment?
 
 

MelanieGiles

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Post by MelanieGiles » Wed Jan 06, 2010 9:43 pm
I think it is a fine line if that person is ignoring the calls - my policy is to be up front and honest with creditors. If you can't pay then tell them why, and seek help if you need to.

If they are calling continuiously throughout the day, and they know you are trying to do something about it, then that is harassment.

I am afraid that certain claims companies are actively encouraging people to avoid paying their debts, and I am not in that camp I am afraid.
Regards, Melanie Giles, Insolvency Practitioner
 
 

kallis3

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Post by kallis3 » Wed Jan 06, 2010 10:00 pm
Me neither Mel. The vast majority of us are trying to pay our debts, either via an IVA, DMP or an IPA.

I could not try and claim these things back - I borrowed the money and I should be trying to pay back as much as I can.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

hammer1

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Post by hammer1 » Fri Jan 08, 2010 6:52 pm
MelanieGiles wrote:

Why would a large number of letters and phone calls be deemed as harassment? Creditors should be entitled to be able to pursue their debts, and if a debtor is ignoring their letters I cannot see that the frequency of same would be harassment. Harassment is ony apparent when creditors are aware that their customers are trying to do something to deal with their debts, but they themselves ignore that goodwill in the belief that if they shout loud enough they will get paid.
I totally agree, but it seems if a debtor requests from the creditor a copy of the agreement and they cannot provide one, it is catch 22 situation. Even though this court case has help creditors greatly, it did not go far enough. Hence this will drag on I am afraid.
Not sure what happened but I am all paid up and finished...they even owe me money now :)))
 
 

kallis3

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Post by kallis3 » Fri Jan 08, 2010 6:56 pm
I'm sure it will drag on, but as far as I am concerned, I borrowed the money and I wish I could pay it all back.

No way would I ever use this loophole.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
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