My way of dealing with DCA

by stevejonesfree Fri Jan 11, 2019 9:24 am

Basically I ignore them, even when they send the pre-court action letters that you are supposed to fill in and return. If they have no data I guess it makes it harder for them to decide if to actually proceed or not. My thinking is if you return it you are co-operating and playing their game, plus if you send the section 18 request it just gives them more time to get the required paperwork, if they are planning on court action. I know its hard deal with if you are new to being in this position due to forces out side of your control, loss of job etc. when money is tight the last thing to waste it on is non essential debt, so pay your rent/mortgage and ultility bills and the rest can whistle for it. Once you have a default you are screwed as far as future credit goes for 6 years anyway so there is really no point playing the game with DCA. This advice assumes you have no equity in the house to risk. Oh and where is that scum bag who sold us all out on getoutofdebtfree? location would be appreciated, I would like a word in his shell like.

by man Fri Jan 11, 2019 4:13 pm

Maybe the guy who started getoutofdebtfree should get a free pass because he did start what came to be an awesome community of people and info sharing, which now continues to this day on this forum.

As for DCAs, it's a pity they can get a ruling in their favour without producing certain specific documents. At a minimum the document that they should have to produce is the exact document with your wet ink autograph on it. Without that originating document, how can they even begin to make any claim?

by **daveiron** Fri Jan 11, 2019 4:23 pm

Hi steve,

That of course is one route .However it is probably relevant how much the alleged debt is for ,obviously
the higher the amount the harder they are likely to pursue it. I would be more inclined to fight it all the way
to court.
In the event you lose ,go to plan B .
Plan B for those in a position to do so will previously have arranged financies in such a way as you
can show on paper that you own and hold title to nothing. This of course will not apply to many ie.
homeowners ,vehicle owners or owners of things of value not forgetting earnings can have an attachment
placed upon them.
I personally have sorted things so they cannot touch me, creative thinking is needed for this route.

by **Mrblue2015** Fri Jan 11, 2019 5:00 pm

If you use the template letters (and we’re talking about debts of less than 5k unless I’m mistaken) you’re less likely to get a CCJ (which is far more damaging than a default esp when looking for work etc) because the DCAs are far less likely to make a court claim having failed (which they almost certainly will) to provide the appropriate documents to substantiate their claim (as per the template letters).

I’m well into the 6 year default period and no CCJ to date, and they been able to enforce anything against me yet.

by waylander62 Fri Jan 11, 2019 8:43 pm

completely ignoring everything is a very dangerous game particularly if you own your own property or have a mortgage on it !!

by **Mrblue2015** Fri Jan 11, 2019 9:24 pm

Agreed Waylander62. Sticking your head in the sand and allowing time to run down until you’re out of options makes no sense and is a huge risk.

by barnwebb Tue Jan 15, 2019 12:58 pm

I'm on the wavelength with daveiron, over the last few years I've been systematically removing myself from ownership or control of anything.

I'm not sure how I would go about proving my level of destitution should a judge find against me but I don't have anything of great value that actually belongs to me in the house or elsewhere but the wife does.

As a potential future scenario (hoping it never happens) should I have bailiffs taking things from the house (if they managed to get in) that don't actually belong to me, wouldn't that be regarded as theft or is the attitude that because it's in the same house where I live (with the wife) then it's fair game ?

by **daveiron** Tue Jan 15, 2019 1:51 pm

Without checking , I believe bailiffs must give you notice of their intention to call. At that point serve notice in writing
to their CEO that any and all property /items/goods located in or upon the land known as (your address) does not belong to you and you hold title to nothing situated thereon. Should they remove or levy upon anything after receipt of this notice they will be held personally liable for any theft or damage and will be pursued to the utmost extent in a court of law.

If they turn up without prior notice ,close the door immediately behind you and serve them with a pre prepared notice
similar to above.

by barnwebb Tue Jan 15, 2019 11:45 pm

Thanks for that insight daveiron, if there are any other information goodies like that in your knowledge base then please let me know Smile

by **daveiron** Wed Jan 16, 2019 2:28 pm

Hi barnwebb,

Its just a case of forward planning really, Most problems have a solution.
Its just a case of if they do ,or they may do this .Think ahead for a solution to stop them .
This can apply to most things.
In the case of bailiffs they make the presumption the things are yours (remember a presumption
stands until proven otherwise). The above takes away from them any such presumption.
Just make sure you have a receipt for the sale of your things ( must predate any bailiff involvement)

I would recommend drawing up a sales agreement signed by both parties ( you could even have it
notarised ) & also a receipt for payment.

by barnwebb Wed Jan 16, 2019 8:57 pm

Thanks daveiron

by stevejonesfree Mon Jan 28, 2019 8:39 am

Thanks for your thoughts guys, I am not a property owner and am on very low income. For me it works, I tried the three letter approach in the early days, one worked the rest just ignored them. I fought one case successfully by a arranging for a (free because low income) pre hearing. I am close to statute barred in most cases now. My thinking for the original post was, why waste anymore of my time and limited income on letters that are generally ignored.

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