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    • @jk2054 and @BankFodder - Your feedbacks in posts #199 and #202 have been incorporated into the attached WS. As usual, amends are in blue in this draft. Based on other WS drafts I've seen where the issues in dispute are part of the WS, I built my first draft WS in the same format and hadn't seen it to be an issue before. You will notice that the 'witness statement' has been replaced with 'Claimant's Statement' so that issues in dispute does not need to be on a separate page before the WS. This is especially given the work that has gone in to reduce the size of the WS to 8 pages. Also thanks for the suggestions re: confidentiality - I agree with your views and will stand firm on this if a condition of confidentiality is brought up. I have not been approached by Evri on this forum or by email. I haven't yet had success in paying the hearing fee. I am calling the court as often as I can (during work breaks/lunch etc.) and have sent 2 emails to the court requesting a call back. If i don't have any success by the end of this week, I'll send another email chasing for a call back. @BankFodder - Also attached is an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at EVRi - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender and the recipient (I have redacted personal details in the attached invoice).  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (sender / recipient) is present in the contract between Packlink and Evri. If this invoice is no good, then please let me know / delete it from this post. Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • It can be frustrating when clients fail to pay for services or products rendered, ignore payment reminders, or claim an inability to pay. How quick do you pass to a Debt Collection Agency like www.corporatedebtrecovery.co.uk 
    • The Court s pretty informal. The Judge [who you call "Judge" rather than Sir or madam] will not be wearing a wig and gown just a suit and it is advisable that you do the same and a tie. Other than that the Judge will do most of the talking .If they haven't received a WS from the scrotes either the case will probably be thrown out straight away. Usually the Judge will ask their lawyer a number of questions then ask for your take on things and then the case will be decided.  UKPC 0 Mystic Bertie 5. Then ask for your expenses time off work [if not being paid by your company while in Court, travelling and parking costs and occasionally they will allow something like 5 hours research at I think £8 per hour. Later celebrate and post us the result and how much fun it was. You will wonder  why you worried about it so much. Next time will be much easier.🙂
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Some advice on personal debt


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I've got 4 accounts totalling £10K in debt, either credit card or bank loans.

All 4 are defaulted on my credit report and are all around 4 years old.

 

I received a 'Pre-Legal Assessment' letter from Lowell regarding one of this accounts this morning advising my account is being escalated for legal assessment, threatening potential Sheriff court action. This particular debt is only for £256, so I presume this is probably just hot air.

 

I'm currently living with my partner and I want to know what are the chances of debt collection agents of bailiffs turning up at my door?

 

 

Would this only happen after court action?

 

 

Is it now just a matter of time before I get similar letters regarding the other debts, and should I now make arrangements to repay?

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So you are in Scotland ?

 

Do you own any equity in property ?

 

What debt is being chased ? When did you take out the account originally ?

 

They might go for a court judgement and you would be served with court claim to defend. But we need more information about this debt to know best way forward

We could do with some help from you.

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I'm in Scotland, I am not on the mortgage, this particular bill was from O2.

 

The larger debts are credit cards or loans, and all defaulted 2012, loan was about 18 months old at that point. I'm more concerned that Jesé wills will love to court action, and just wondering ow likely this is.

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If you don't own any assets, then not too much to worry about a debt company like Lowell hoovering up debts, after court judgement went unpaid to pursue bankruptcy.

 

It is quite likely at some stage that Lowell would issue a court claim for this 02 debt. They issue bulk loads of them, mostly hoping to get judgement by default because the claims are not defended. If there are any issues with this 02 debt, you should obtain all paperwork from 02 using a subject access request. You then have the information if you needed to defend.

 

In regard to other debts, you should perhaps contact National Debtline for a confidential chat about your options. If these debts are due to be subject to limitation law next year, then you might find the debt owners will look to take action before the debts become unenforceable.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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if you are in Scotland

then theres no such thing as bailiffs

 

and dca's very rarely do doorstepping in Scotland either

as they ARE NOT BAILIFF and have

NO LEGAL POWERS

 

so what you've got a pre school letter from lowlife

was the pretty one in red crayon?

 

the debts are statute barred soon anyway.

 

stop panicking and forget about them.

 

if anyone could have done anything they would have by now

not wait +4yrs.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Lowlifes and their pre school missives, hilarious, don't forget they're simply computer generated deforestation spat out by their computers, they have no human input.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I posted a thread last week in general debt issues forum, not realising Scotland had it's own forum,

 

I've worked out my actual debt position, so hopefully I'll give better information, and be able to get better advice back.

 

This is a summary of my debts as per Noddle:

 

Screen_Shot_2016_12_08_at_22_08_37.png

 

The dates above are as per Noddle, and the Since payment/default is years passed.

 

I've received a letter from Lowell regarding the Capital One debt, but nothing from Santander.

 

 

I note on Noddle that they still have an old address attached,

despite me being on the voters roll at another address for over 2 years.

So I've got no idea if Santander have been chasing or not.

Noddle has me as 'gone-away' for the Santander loan debt.

 

The letter from Lowell states they want to work with me, but can only help if I get in touch etc etc.

 

Just looking for some advice on what to do next.

 

 

Obviously I'm approaching 5 years since last payment on these debts,

but not sure if these become statute barred after 5 or 6.

 

 

All debts incurred whilst living in Scotland.

 

 

Should I just ignore until I receive something from the courts,

or should I start a template letter process?

If so, which one??

 

Thanks all

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Hi bungo,

 

I've merged both your threads, best stick with one makes it easier for folks to help you.

Like dx has said these debts will soon be Statute Barred.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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Hi bungo,

 

I've merged both your threads, best stick with one makes it easier for folks to help you.

Like dx has said these debts will soon be Statute Barred.

 

Thanks.

 

I thought statute barred status depended on the contract etc? Is it definite that these debts will all be SB after 5 years, or do I need to see the agreements I signed?

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All debts incurred whilst living in Scotland.

 

 

so 5yrs they are extinguished dead gone parrot..

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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urm..your post 8

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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did you take them out when you were resident in Scotland?

 

 

if so, Scottish law applies

 

 

SB is 5yrs then the debt is TOTALLY extinguished

 

 

unlike 6yrs in E&W

whereby the debt is still collectable just they cant use or threaten court to enforce any judgement.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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depends upon the type of debt

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If the credit cards and bank loan are unsecured then last payment is a ball park time scale for the limitation period to start.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Everything is insecured.

 

What are the chances I'm going to get door-stepped in the next few months for these debts? If I received court papers, would I still have the opportunity to make a repayment proposal before ending up in court?

 

The Santander letters, if they're still sending them, will be going to an old address, should I write to them advising my current address?

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doorstepped??

go read post 5 again..

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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doorstepped??

go read post 5 again..

 

 

dx

 

I have around £10K of debts and these people are just going to let them become statute barred without doing anything?

 

Once these debts drop off my credit report will I just do the same again to get free money every 6 years?

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well they've not done anything so far..speak volumes..

 

 

and I doubt in todays credit market you'd get away with it again no.

 

 

just remember the debts might well become SB [dead gone in 5yrs in scotland]

but they remain for 6 on your file.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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