cabot and recon agreements

[Never-In-Doubt]

Re: cabot and recon agreements

Now I'm really confused!

If that's the case why are we so often advised to ignore? Where are the guidelines telling us when to ignore and when to reply?

There are none, it is common sense really..... However see my post above for reasons why I would say it is fine to "just ignore"...

I offer only my view from the other side of the fence so to speak.

I cannot tell you what to do, or what to ignore, all i would say is the saying thats used time and time again "if you were told to jump off a cliff would you?"

Mate that is harsh, we offer help and support here, as do you, and we don't TELL anyone to do anything - we suggest the best course of action based on past experiences - yea a freak event could always happen, as the same could happen in court - it's a game of chance at the end of the day, we both know that the law does not always prevail....

Hi guys, I have to support Paul here. Personally I have a dislike of just ignoring matters.

Point taken but on the flip side, you really don't need legal advice mate as you do most the work yourself anyway but then again you don't reply to half the stuff you get, and if you did then my next question is why? You're at stalemate so communication at this stage is futile - pointless.....

I think, based on my comments above (in red), you'll see why we suggest certain letters are ignored. Obviously any kind of threat or serious letter of any other nature is usually responded to.....

Niddy over & out

[Paul.]

Re: cabot and recon agreements

thing is, over here, we can actually debate this kind of shyte, on the CAG you must tow the party line or else!!!!!

from this side of the fence i see District Judges take a very hardline with people who do not respond to correspondence, and a judge will be faced with difficulty where a debtor has written to the creditor with one simple line saying

" can you please address my concerns raised in the letter dated ......................... which remain unanswered"

We all know how some debt purchasers like to twist things to fit, almost to the extent of putting square pegs in round holes.

i would also say that i have seen a creditor in a recent hearing refer to this site and in particular the "just ignore" and argue that the client was simply a serial debt avoider and look at the bad advice being handed out.......... Of course the comment was used totally out of context but it goes back to twisting the facts etc.

DCAs in my view will use any argument at their disposal to win, and things like that do play on judges minds as we all know,

Judges do tend to dislike the technical legal arguments, although they are bound to follow them they dont like them. If the judge is faced with a case where the debtor is badged up as some serial debt avoider then it is my experience that the judge will try and find against the debtor if he can , however, a number of district judges whom ive met at CPD training sessions have said that if you are in the court and your case is well prepared, your evidence is in order and your client has acted appropriately then you are pushing at an open door

At the end of the day its all down to opinions, some people prefer the CPUTR 2008 to challenge creditors, i personally dont use that approach, the same goes for letters etc

[Never-In-Doubt]

Re: cabot and recon agreements

Oooh fancy telling me the creditors name please matey

*intrigued*

[Never-In-Doubt]

Re: cabot and recon agreements

ps the party line here is discussion! How can we possibly learn if we don't allow free opinion? That's why the CAG is shyte at the mo - we've all got problems, they've got enough for all the other forums! No one person is bigger than a forum, same here. If I go the forum will stay!

It's a revolt I hear - run, run for the hills!!

[Paul.]

Re: cabot and recon agreements

i will do, ill give you a buzz later as it would identify the case and thats not good at this stage.

[Never-In-Doubt]

Re: cabot and recon agreements

Am working thru the night so later if you can mate. Need bed lol

[Paul.]

Re: cabot and recon agreements

lol no worries ill give it about 3 hours then call lmao

[PlanB]

Re: cabot and recon agreements

I'm like an annoying toddler who keeps asking "But why Mummy?" to everything you tell it. So when I read "ignore it" advice on this site I try to figure out exactly why the debtor should ignore it I'm at Niddy Skool to learn from others, so maybe sometimes the post could actually say "ignore it because . . . " then I'll see if that situation matches my current set of circumstances ? Although I know that no two cases are the same blah blah blah.

[garlok]

Re: cabot and recon agreements

Hi Guys,

This has been a very interesting discussion I must say. Niddy you are right in my case, I do an awful lot myself and tend to use my judgement and a bit of common sense over which to respond to and which to ignore. I would estimate once the set procedures have been through as laid down here on AAD then 90% of the rest is crap that arrives through the door.

In general it has only taken two further letters from us to see off each and every outside DCA that has arrived on the scene. We now have a debt purchaser on two accounts and that is now in process of action, all by me and Mrs G.

In the discussions we have had with our legal people we have defined a series of criteria which lay down certain items about which they should be informed but which we will be dealing with ourselves (which is just about all of it) anything else they do not need to know about and we keep the paper audit trail. It would be unfair to publish those criteria as such as they could be taken as a general rule by many members and I think it is important to remember that each and every case is different and has its own specifics somewhere along the line and the criteria such as described above have to be tailored to both the individuals needs, level of knowledge and of course the depth of their pockets when it comes to legal advice.

If you want a generalism from me I would say that it is important to think of and treat every case you have personally as standing or falling purely on its own merits.

I hope that has not come across as contradictory or confusing and hope that it has helped someone in their thinking.

regards
Garlok

[garlok]

Re: cabot and recon agreements

Oh and by the way the Niddy,

The peasants are revolting!!! l l

regards
Garlok

[greymatter]

Re: cabot and recon agreements

It is encouraging to read the various views here.At the end though,this site goes a long long way to support its members.So healthy discussion is a must.Great stuff.

[Susie]

Re: cabot and recon agreements

Even though I already know this site is great, I think its fantastic that things which would appear to some to be minor as in reply or ignore can be discussed so clearly by those who know the most

Susie the revoulting

[SaltnVinegar]

Re: cabot and recon agreements

Interesting discussion so I'll pitch my view in on this.

I have seventeen (yes 17!) different creditors to handle. Out of these 15 creditors have agreed to my DMP.

Once the creditor received my I/E sheet and payment offer there was nothing further to state.

Those creditors that ignored the original letter DMP offer letter and continued the harrassment were sent a simple letter asking why they were pursuing an action of harrassment when it was obvious that I could not afford to pay more and to state why they had ignored the letter or refused my reasonable offer.

When creditors ignored these letters a formal complaint was written, and then formal complaint was ignored or rebuffed a complaint was sent to the OFT.

This tactic, over 12 months, has had a success factor of 100% with an added bonus that AMEX were slapped by the OFT regarding their handling of my account and I received a 'good will gesture' of over £1000 (but at the same time admitting no liability of course).

The other 2 - well they behaved like @holes and got the full Niddy UE treatment. Last correspondence from them was well over 6 months ago and they have now gone quiet as each of their last letters were given the response of 'You have still not complied with my CCA request why not? Until you do I have nothing further to say to you.'

Whenever I was threatened with court action I have actually responded to creditors inviting them to take me to court as I would be able to demonstrate to a judge that I had made every effort to resolve the situation.

The only time I have experienced real (not threats) court action, was not actually for a debt of my own, but for DW Mrs SnV who had, unfortunately, taken the advice of 'ignore' not understanding the correct context in which is should be used.

However where I think the term 'ignore' should always apply is to the pressure that creditors would like to place you under. Pressure and threats are generally the tools of their trade and it is this you should always ignore.

Treat the letters as strategic pieces in a game, and respond to them to give you strategic advantage but always ignore the mind games.

Best

SnV

[Never-In-Doubt]

Re: cabot and recon agreements

I'm like an annoying toddler who keeps asking "But why Mummy?" to everything you tell it. So when I read "ignore it" advice on this site I try to figure out exactly why the debtor should ignore it I'm at Niddy Skool to learn from others, so maybe sometimes the post could actually say "ignore it because . . . " then I'll see if that situation matches my current set of circumstances ? Although I know that no two cases are the same blah blah blah.

* anyone want to buy a consumer debt related forum for £1? PM me if interested, I need a break!

** Insert wrist/knife/blood smiley here **

[garlok]

Re: cabot and recon agreements

I like that SnV.

regards
Garlok