Great. Couldn't remember where I'd spotted it

It's five years. I've had this argument before. If you live in Scotland then scots law applies to you

Trying to get confirmation for you. Prob next week now sorry.

Sorry can't see it properly. PPI can be claimed as mis sold if - you did not ask for it, it would not have covered you, and if you were not told it could possibly be cheaper to get it somewhere else. I've got a bit more research to do before I can say for sure that your brother has a right to the money given the PTD.

1. A prescription letter does not acknowledge the debt. It tells them that the debt has prescribed and invites the creditor to prove otherwise. 2. A debt with bank of Scotland is still a debt to HBOS. Wait for a reply, if any, to letter. If they don't reply they'll have closed their file.

A lot of credit card companies have a minimum they will accept. Something like 0.8% of the balance. When they say no to an offer that's usually why. Once it's passed to a debt collector it's usually easier to negotiate. Good luck

Cerebrualert says that permission to pursue a ccj over 6 years old is rarely given. So - IF they get permission they still have to register a decree in Scotland and then serve you with a charge for payment before they do anything. Ask cab to send a prescriptions letter. They have to prove it hasn't prescribed. I doubt if anything else will happen.

Hi clooboo CAB is not duty bound to get you to pay. They should be checking prescription etc. My only worry is the ccj. Did you definitely have one registered to you? For both debts? And were you living in England at the time? The fact that nothing is on your credit report means that it could be worth a prescriptions letter anyway. They would have to register the decree in Scotland then serve you with a charge for payment before doing anything - assuming the ccj gives them the right to pursue longer.

No. Debt collection has to be carried out according to scots law if you live in Scotland and English law if you live in England. Doesn't matter if the agreement says governed by English law. I know what our local sheriffs would say to that one !!!

That's if it hasn't been acknowledged or court action taken in a five year period

It means the debt is no longer there. At all. Prescription and limitations Scotland act (1973 I think). Creditors keep trying because in England I think they can ask you for money but not take court action if a debt is statute barred. They just don't bother to check scots law.

Yes they can pursue you in Scotland. It's what they can do about it that's different. Sounds like the debt is prescribed if your dates are right - not only is it statute barred, it has been extinguished (5years in Scotland) In order for sheriff officers (no bailiffs up here) to turn up at your door the creditor has to have taken action to be able to enforce the debt in Scotland. Having a ccj is not enough. Anyway, the only contact you should make is to tell them that the debt has prescribed. They then have to prove it if it's not. Get help with the wording from local cab as it's important not to acknowledge the debt (just in case your dates are wrong).

If he is discharged from the trust deed then there's no reason he can't apply to have mis sold PPI returned. However, the trustee might have already done this. Admittedly I've only noticed them doing it recently. You should find a template letter on this site.

Why don't you read sequencis blog? You have to choose a path through this that suits you and the blog will help. Best wishes

Hi You might want to read this http://www.oft.gov.uk/news-and-updates/press/2010/105-10

Found this http://www.lvsc.org.uk/files/101877/FileName/SessionalWorkers.doc

Sorry I can't help but keep bumping yor thread until someone who can help sees it. Is there a cab or local council money advice service near you? Or shelter possibly?

You can get the form from from your local sheriff court. You won't need a solicitor if there's a money adviser near by - CAB or council. You'll need to enclose a financial statement. Shelter Scotland have a good advice section on this too. Good luck.

You're welcome. Remember that they will ask you for more every so often. Stay strong and send a statement of affairs showing thats all you can afford if you want as I find that helps B

If you want a quiet ( relatively) life then make the payments to Lowell. It has been assigned to them so they are the legal owners. It's possible they are not aware of the payment arrangement. B

It might be worth asking the trustee if they have already done this to add to the contributions to the trust deed. I know some of them do. B

It's possible they are looking for a review of your circumstances. Did you see a money adviser? If so, ask them to send another financial statement for you - updated of course. Make the payments as negotiated and don't speak to them on the phone. Look at your statements and see if you have payment protection insurance. If it was mis sold you can claim it back but don't pay for this service. Also look for unfair charges as stated above. Do you own a house? Any assets?

More info on time orders here http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=06_time_orders DAS payment plans here http://www.moneyscotland.gov.uk

Solicitors acting as debt collection agents are just that - debt collection agents. Can be scary at first but they don't have any more powers than any other DCA. Don't panic. Send the CCA request. Best wishes

One question since op is worried that he would lose the house. Would this happen in neg equity situation? I don't know how charging orders work being 'up north' but in a similar situation here the op would only pay a nominal fee in a bankruptcy or trust deed for the interest in the house and it would not be sold. The only way to lose your house would be through repossession for mortgage arrears. Clarification would be appreciated - anyone?