Banks write off bad loans on tax.

One of the new letters contains this:  "A signed statement that no insurance claim has or will be made in respect of this account.'

I read today that banks also write their losses off on tax. I also learned in the last few days that only the CEO and the CFO can bind a company in contract. One assumes, its one of them that signs the company tax return for an on behalf of the company.

Might it perhaps be worthwhile including something like this in the letters:

A Statement of Truth made under penalty of perjury and signed by the CEO or CFO that the company has not and will not claim this alleged debt as a tax deduction while your efforts to pursue this matter continue.

Not sure on how we would ever know differently but perhaps still worth doing?

This is interesting. I am currently putting together a NOTICE OF LIABILITY which is in effect a statement of truth for CEO's and government officials to have their say in answering my questions. Unanswered questions will mean what I have asked of them is the truth. No judge could deny this fact.

Hi Ausk,

Its always worth a trying any question you think may be relevant .The new letters are not meant to be a template .
It would be hoped that folk will either use them in their entirety or adapt them as they think appropriate .Whilst they have only been around a short time ,there has been very little feedback to date.
Some of the questions only require little more than a yes or no answer but are not addressed at all in their replies.
Why not ? Why are they not rebutting these questions ?

At the moment i have a dca rep that has called people along my road to see if he can find anyone that may know me and have them pass on a message to call him. I checked the number and it is this dca that claims to own the account. They are so desperate to have me speak to them. And it is clear that they no longer want to write. Every letter that i have sent to them that they have never refutted.

1saberwow wrote:At the moment i have a dca rep that has called people along my road to see if he can find anyone that may know me and have them pass on a message to call him. I checked the number and it is this dca that claims to own the account. They are so desperate to have me speak to them. And it is clear that they no longer want to write. Every letter that i have sent to them that they have never refutted.

To my knowledge a DCA cannot contact neighbours asking about you, only the address they believe you are at.

From what i know & have looked at the following is true should they be making contact with neighbours:

It appears an infringement of the Guidelines for Debt Collection. which has the possibility of leaving the alleged debtor open to humiliation, distress, derision etc is an infringment of the Protection from Harassment Act 1999, section 1, plus if they ever dare to take matters further this sort of behaviour can be presented to a court as an infringement of the Administration of Justice Act 1970 section 40. On top of this further regulation has been enacted in the Consumer Protection from Unfair Trading Regulations which many now see as a direct replacement in these matters for the Administration of Justice Act 1970.

Others may be better with advise on this.

Kestrel wrote:

1saberwow wrote:At the moment i have a dca rep that has called people along my road to see if he can find anyone that may know me and have them pass on a message to call him. I checked the number and it is this dca that claims to own the account. They are so desperate to have me speak to them. And it is clear that they no longer want to write. Every letter that i have sent to them that they have never refutted.

To my knowledge a DCA cannot contact neighbours asking about you, only the address they believe you are at.

From what i know & have looked at the following is true should they be making contact with neighbours:

It appears an infringement of the Guidelines for Debt Collection.  which has the possibility of leaving the alleged debtor open to humiliation, distress, derision etc is an infringment of the Protection from Harassment Act 1999, section 1, plus if they ever dare to take matters further this sort of behaviour can be presented to a court as an infringement of the Administration of Justice Act 1970 section 40. On top of this further regulation has been enacted in the Consumer Protection from Unfair Trading Regulations which many now see as a direct replacement in these matters for the Administration of Justice Act 1970.

Others may be better with advise on this.

Saberwow lives in Australia where I don't think they have the same protections as the UK.

This is a quick summary of Australian law re debt collectors.

What Debt Collectors cant do:
• Use physical force or coercion (forcing or compelling you to do something)
• Harass or hassle you to an unreasonable extent
• Mislead or deceive you (or try to do so)
• Take unfair advantage of any vulnerability, disability or other similar circumstances affecting you.
• They can’t show up at your house or your place of work if you refuse.
• They can’t chase your spouse or family members for the debt or give them bad credit unless they are parties to the debt. If they have, they have violated the law.
• They can’t talk to anyone else but you about the debt unless they are parties to the debt (They can try and locate you, but they can’t disclose details about your private affairs).
• They can’t bankrupt you right away.
• They can’t take your households items unless they are security for the debt.
• They can’t call you after 9pm or before 7.30 am.
• They can’t put you in jail. It’s not illegal to be in debt.

A Debt Collector should only contact you when it is necessary to do so and when the contact is made for a reasonable purpose.

So, what can Debt Collectors do? Debt Collectors can:
• Demand a payment.
• Arrange to be paid and coordinating the method of payment.
• Ask why the agreed payment plan has not been followed.
• Review a payment plan after the agreed time has passed.
• Inspect or recover mortgaged goods that were used as collateral for the specific debt.
• Debt Collectors are only allowed to contact you at certain times of the day, and are not allowed to contact you on national or public holidays.
• A maximum of three phone calls or letters per week (or 10 per month)
• Phone contact only between the hours of 7:30am–9:00pm on weekdays and 9:00am – 9:00pm on weekends
• Face-to-face contact only between the hours of 9:00am – 9:00pm on weekdays and weekends
• No contact on national public holidays.