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Thread ID: 107595 2010-02-23 03:51:00 10 yr old debt-debt collectors-wat the? cazzsa (15637) PC World Chat
Post ID Timestamp Content User
860842 2010-02-23 21:59:00 Debt collectors have a job to do and thats to wring the money out of reluctant payers.
I hate with every bone in my body people who dont pay their bills.
Debt collectors need to get their paperwork in order all ducks in a line and get court orders with court bailiffs to seize stuff. I was talking to a debt collector in New Lynn and he loves it when the debtor starts some biffo they just call the police and then can seize heaps more stuff and under police protection. I used this guy twice but he takes 30% of the money he collects basically I am petrified just talking to the guy for no reason. If he came after me I would give him everything and then some absolutely scary fellow.
prefect (6291)
860843 2010-02-25 03:08:00 Recently I had a debt collector trying to extort money from me for an outstanding debt - just 80 bucks. I threatened to whack the crap out of him, and this wimp called the cops.

In retrospect, as he was trespassing, I shoulda just beat the crap out of him and be charged with a defence of self defence.

You can't beat anyone up.
Unless they hit you first. And then you are allowed to defend yourself only, not beat them to a pulp.
pctek (84)
860844 2010-02-25 07:02:00 In the U.K. The debt you mention would be considered as STATUTE BARRED and not legally recoverable but perhaps this does not apply in N.Z.
Many old debts are sold off cheaply to 3rd party collectors who make a good living by scaring the "debtors", many of whom are not aware of their legal rights.

Statute Barred

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970


What to do if a creditor contacts you after six years

Don't admit to owing the money

Once you agree to owing the outstanding amount within 6 years of the debt being due, then you are required to pay the debt back and the creditor can take steps to have the collection of the debt legally enforced by a court (see above County Court Judgement).

If a payment is made after a 6-year gap, the Limitations Act 1980 is still enforceable and the debt remains Statute Barred. However, in this instance, it is unlikely that you will be able to claim back any payments made after the 6 years from the creditor because you still owe them the money.

If a creditor, who you haven't had any communication with for 6 years contacts you about the debt you should write to them quoting the Limitations Act 1980.

As I mentioned at the start, this law applies in the U.K. so you need to check what applies in your country.
blanco (11336)
860845 2010-02-25 08:07:00 If a creditor, who you haven't had any communication with for 6 years contacts you about the debt you should write to them quoting the Limitations Act 1980.I disagree - you should pay them their damn money, with profuse apologies for taking so long to do so. Anything else is blatant theft, and in my opinion is extremely unethical. If you owe someone, you should pay them - end of story. The legal technicalities shouldn't come into it. Erayd (23)
860846 2010-02-25 08:26:00 I disagree - you should pay them their damn money, with profuse apologies for taking so long to do so. Anything else is blatant theft, and in my opinion is extremely unethical. If you owe someone, you should pay them - end of story. The legal technicalities shouldn't come into it.

x2
WalOne (4202)
860847 2010-02-25 10:05:00 Ive had accidental debt collectors.... that was weird. rob_on_guitar (4196)
860848 2010-02-25 11:36:00 Erayd & Walone,
many people fall into debt for reasons other than evasion, such as long term ill health, unemployment etc and are UNABLE rather than UNWILLING to settle the debt. Some of these are able to recover from their misfortune, some
do not.
I know a man who 15 years ago underwent radical surgery and
chemotherapy for cancer and has not been able to work since.
His bank to which he owed £2k was presented with an affadavit of his financial circumstances and he heard nothing more for 12 yrs.
He was then contacted by vulture debt recovery scumbags who had purchased the old debt for peanuts. They hounded him for months for the full £2k which he was unable to pay from his state pension and threatened him with all kinds of nasty consequences.

He took legal advice from the internet, wrote to the collector quoting the law and promised to sue for harassment. Upon realization of the "debtor's" awareness the collector chickened out and promised in writing never to make further contact (to save his own arse & protect his biz).

This is just one example of the requirement for Debt Collection Law.

To assume that all who default on their loan responsibilities thoughtlessly is a very blinkered view. Banks and other large financial companies know this and accept that they will have to write off some debts but will still be able to pay annual mega bonuses to their executives.

By the way the example above is not fictitious - the "debtor" was Me, now retired. If you search for other such examples, you will find thousands, All of whom Prefect says he "hates with every bone in his body" - WOW !

The ones to hate are those who buy these debts and make a lucrative profit from their intimidating, threatening and sometimes violent methods used to recover the debt, very often from elderly infirm people.

If you would like to read some case histories I will give you some links.
blanco (11336)
860849 2010-02-25 12:37:00 ...many people fall into debt for reasons other than evasion, such as long term ill health, unemployment etc and are UNABLE rather than UNWILLING to settle the debt. Some of these are able to recover from their misfortune, some do not.That's a good point - in a position such as that defaulting may be the only option.

Situations such as the ones you describe above are proportionally rare though - most bad debt is caused by the debtor's poor judgement or ethics.
Erayd (23)
860850 2010-02-25 13:54:00 BAD debt? Define. blanco (11336)
860851 2010-02-25 18:29:00 Might be ok in pomland not to pay your debts, its not ok here.
Its just a character thing, good people pay their bills bad people dont.
I got caught out 6 months ago when my mechanic did a job on a truck without checking whether they had an account. The sneaky bastard managed to get hold of my boys mobile number and rung him direct.
Kept saying he would pay when he got some money in, went around to his yard for the umpteeenth time and the office lady said he was in Cook Islands on holiday with his family.
Got mad went back to yard that night removed power steering box from the KW truck and took it home.
They called police who said it was a civil matter. Driver came around with cheque which I ripped up, driver came back with cash all sorted.
I had bay corped him and still havent told baycorp I got the money so he wont get credit ever again in this industry. I rung every parts place and every engineering place in West Auckland said dont do any work for this clown he does not pay his bills. Some laughed and said we know.
prefect (6291)
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