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  • #16
    Originally posted by Pat View Post

    I suspect you have too much faith in the system

    Certainly in the short term there will be many claims coming to SB that will not allow time for the new process- we all know of claims that arrive just in time to avoid the limitations clock.
    It's all speculation, and only time will tell. However the 'industry' has known about the forthcoming changes for some time.

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    • #17
      The process can go forward if the parties fail to agree, but given the parties have likely disagreed for some years I can't see shortening the timescale solving anything. All that will happen is the unresolved argument will carry on in to court, with the judge deciding who has the best case. Like I said earlier, provided both parties give full disclosure during the negotiation stage it should work better, but half the problem has been claimants haven't exactly been open and honest about what evidence they have...it will be interesting to see how many finally stop bluffing and just give up..

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      • #18
        Originally posted by cardiac arrest View Post
        The process can go forward if the parties fail to agree, but given the parties have likely disagreed for some years I can't see shortening the timescale solving anything. All that will happen is the unresolved argument will carry on in to court, with the judge deciding who has the best case. Like I said earlier, provided both parties give full disclosure during the negotiation stage it should work better, but half the problem has been claimants haven't exactly been open and honest about what evidence they have...it will be interesting to see how many finally stop bluffing and just give up..
        Ah, will that mean less on selling of known UE debts, or do we think some are still going to try their luck?. they would blame the seller for not passing on all information before they bought them.
        I'm an Official AAD Forum Moderator and a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of allaboutDEBT Ltd. 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 to abuse@all-about-debt.co.uk or send a message to any of the Forum Site Team. 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 or send me an email direct: nightwatch@all-about-debt.co.uk

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        • #19
          Originally posted by nightwatch View Post

          Ah, will that mean less on selling of known UE debts, or do we think some are still going to try their luck?. they would blame the seller for not passing on all information before they bought them.
          DCA's buy these in bulk as they become available from the Banks. They're usually considered to be the more 'difficult' cases which the Banks have given up with, hence why they only sell at around 5% of the face value, and are lumped in batches rather than sold individually. A DCA will take this batch of 50 or so knowing that if 4 or 5 pay up they're quids in. There must be some scrutiny of the paperwork for the DCA's to assess which are the easiest cases to win, which you'd assume they'd go for first. The rest and the dubious ones they'll just be trying it on, with threats and such like.You could assume that if your default has done the rounds, and been going on for some years that your chances of winning are better ? If they knew they could win a court case they'd go for it straight away, wouldn't they ? These are just my assumptions, but if you've had a defaulted debt of 5,000 or so for 10 years and still not been taken to court for full recovery there must be a reason, you'd think. ...The route to court might have a shorter time line, but the evidence required hasn't changed . What would be interesting is if it was compulsory for DCA's to put up or shut up, ie they have to bring to court with x weeks or write off the debt...!

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