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  • #31
    Re: Leaving DMP, taking them on.

    Originally posted by odetter View Post
    Same to you my ray of festiveness!!
    Let your smile change the world but don't let the world change your smile


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #32
      Re: Leaving DMP, taking them on.

      Wanted to ask the experts that after a debt becomes statute barred after 6years and even after the clowns have tried to take it to court for official confirmation can the DCAs 're present it to the courts?
      Guess what I'm trying to say is that the end of the harassment?

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      • #33
        Re: Leaving DMP, taking them on.

        Once a debt becomes SB dcas can still chase you but they can't take you to court.

        I think most give up quite easily when they realise they haven't got a chance. I'll let you know in 2 1/2 years
        Let your smile change the world but don't let the world change your smile


        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #34
          Re: Leaving DMP, taking them on.

          [QUOTE=Pixie;361805]Once a debt becomes SB dcas can still chase you but they can't take you to court.

          I think most give up quite easily when they realise they haven't got a chance. I'll let you know in 2 1/2 years [/QUOTE
          Being unprincipled shysters would they not try and sell it onto another bunch of cockwombles?
          Therefore perpetuating further misery?
          Does the legal system not keep records to prevent court action on a repetitive basis?
          Surely when it's SB'd that should be the end of it!!

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          • #35
            Re: Leaving DMP, taking them on.

            personally, i havent seen a situation where after a DCA has given up due to it being SB, selling it on again. They usually close it and leave it alone.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #36
              Re: Leaving DMP, taking them on.

              Phew!!
              Never trust those feckers!

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              • #37
                Re: Leaving DMP, taking them on.

                Legally you still owe the debt even when it's SB so they are allowed to chase you.

                However, once it becomes SB it doesn't matter what they do... they can't take you to court.

                I'm counting down to summer 2016...
                Let your smile change the world but don't let the world change your smile


                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #38
                  Re: Leaving DMP, taking them on.

                  Ergo can they then be repaid out of someone's Estate?
                  Or does the debt die with them?

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                  • #39
                    Re: Leaving DMP, taking them on.

                    Originally posted by odetter View Post
                    Ergo can they then be repaid out of someone's Estate?
                    Or does the debt die with them?
                    Hiya,
                    This is an interesting question. I guess that really depends on probate?
                    When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.



                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                    • #40
                      Re: Leaving DMP, taking them on.

                      If after 6 years of no contact (specifically payments or acknowledgement) the debt becomes time barred which prohibits the owner from enforcement. They *can* write to you but you can ignore them as legally that's all that they can do, ask. They cannot enforce it. If they sell it on, once you notify the new dca that it is indeed SB'd, they'd usually return it to the last owner (called "recourse").

                      If the debtor dies the debt (whilst live and not SB) falls into the estate to be paid. If there is no estate the debt dies with the debtor. If there is an estate and you carry on fighting UE/SB then after 6 years the same time barred rules apply however usually that's only ever good if the lender never writes from the date of death to SB date otherwise you'd be expected to respond confirming their death. If you didn't you could be seen as withholding this from them.
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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                      • #41
                        Re: Leaving DMP, taking them on.

                        I guess it depends on the estate then mate
                        When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.



                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                        • #42
                          Re: Leaving DMP, taking them on.

                          Originally posted by SA Gold View Post
                          I guess it depends on the estate then mate
                          exactly. It doesn't get written off if there is assets in the estate.
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                          • #43
                            Re: Leaving DMP, taking them on.

                            This might be an obvious question, but when an OC flogs a debt to a DCA which is plainly a lemon can the DCA then sell it back and recover its costs?
                            Just wondered if they had some form of indemnity insurance against potential loss or is it just a "lucky dip"?

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                            • #44
                              Re: Leaving DMP, taking them on.

                              They don't buy one debt, they buy a portfolio of thousands (on a CDROM)..... Any that are void/dead ducks etc simply go to recourse (ie sent back to the OC)....
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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