I read this thread here
www.abovetopsecret.com...
"Sorry I can't do that, the system is automatic."
I found it interesting but also a deflection of the true nature of the problem.
I am going to tell my experience here and invite people from all countries to participate in terms of law/financial knowledge.
I once found myself employed by a debt recovery company in the UK and left after feeling extemely uneasy at what I was being told to demand on
families who have suffered extreme loss ie wife who has just lost her husband after buying a new house, no life insurance, three kids and an unsecured
debt of 50k that needs paid in full because of the defaults for example.
I did some research into Scottish law as most of the "defendants" as they liked us to call them lived in Scotland and did not know their rights as
is the norm in most cases.
I think some will find this interesting and I hope to god some do because what I am about to tell you is critical in terms of knowing your rights not
just in Scotland but maybe in your individual countries which I hope is the case despite me only having knowledge of my homeland laws regarding
this.
Without further babbling I will get to my point without a story and explain exactly what I mean with the hope that others will contribute to findings
in other countries as there are always loopholes it seems.
In Scotland you have what is called "professional debtors" these people manipulate the credit system entirely to there own benefit without any
fraudulent behavior whatsover as the laws still to this day do not cover this.
I am going to give some examples here,
1) You apply for a credit card with a bad credit rating card company such as Capital One, you get a credit card with £500 limit. You blow the £500
on whatever you want and apply with another provider ie Mint and request a balance transfer of £500 from the Capital one card. The Capital one will
now have a balance of £0 spent and the limit will increase to £1000 usually without request as this is counted as a payment in full (PIF) this
increases your credit rating enabling better interest rates and acceptance.
Meantime you have a new Mint card with £1000 with an available of £500 because you have transfered the £500 from the capital one card remember.
Heres when it gets interesting, you blow both cards to this limit meaning you now owe £2000 right? Bull, what you do is you apply to two other
providers and get two new cards with limits of £2000 or more on them due to you transfering the balance over to the new cards from the Mint and the
Capital one cards.
Capital One card limit is increased and so is the Mint as it counts for a Payment in full!
Repeat this until all card providers give you a card and all are used up to the max and it will total around 200k of unsecured debt.
Do this with unsecured loans ie take out a 10k loan, consolidate it into a 30k unsecured loan and so on until you are refused.
The amount you can generate from a small income is in figures of around £500k. The beauty of it is that you do not have to pay a single penny back an
the companies will still get their money back through selling their debts (your debt as you might call it)
You may think they will take my possessions etc but under Scottish law they must have 1 of 2 things,
1) Ownership of debt (this means that you must pay something physically after default, token payment ring a bell here people?)
2) Acknowledgement of debt this means that you have to speak directly with the collecter via telephone, face to face, letter etc acknowledging the
debt is yours. (If they say are you Mr X and you say yes and give your DOB and address you are caught and have to pay so change your telephone number
and take your name of the electoral role)
If an agent comes to your door you do not show ID or communicate apart from to say you are calling the police as it is illegal for a debt collector to
come onto your property unless you accept (accepting is speaking with them to give details or letting them in)
If you do not answer the phone providing all the relevant details or pay no money to your debt then legally this debt is not yours and will be sold on
to debt collectors forever but will stay on your credit file for 6 years.
Another great thing about Scottish law is that you have to "accept" private fines for example if I were to punch you in the face and charge £50 for
it and you paid it then it is legally binding so you could not take me to court for assault.
A better example of this is if you park in for example an ASDA or Tesco car park and they fine you 70 pounds for being over the 2 hour time slot it is
only valid if you pay it. If you do not pay it you have not taken ownership of the fine and thus you are not entering a contract with the private
company and they will not take you to court and even if they somehow did which would not happen the judge would throw it out because you have not paid
the debt so it is not legally yours.
Only government has the authority to charge or take your car away etc.
I hope to see some similar laws in different countries as I expect members have knowledge worth sharing?
In times of crisis like this with money I think it is extremely important to share knowledge so we all have a chance to sleep at night in the
knowledge we are getting our slice like they are.
Cheers
PS I posted this in the same forum as the thread I linked it to, feel free to move this if appropriate Moderators.
[edit on 26-11-2008 by XXXN3O]