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rory32 last won the day on March 22 2009

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  1. DAS might not be a bad idea. More info here www.moneyscotland.gov.uk - DAS Homepage Although you need more than one debt to be eligable each years council tax debt is counted seperately so two years of council tax arrears would be counted as two debts.
  2. AIC work on behalf of RBS so it's not uncommon to hear from both of them. The time barring of a debt runs from the last acknowledgement of the debt by you. Acknowledgement can be in the form of a written acknowledgement that the monies are owed or by way of a payment towards the debt.
  3. You'll also need to file a form N510 Service out of the Jurisdiction and tick the appropriate box.
  4. What are the debts in relation too e.g. a loan, overdraft? Are there a lot of charges on the account? Has he sat down and created a statement of affairs showing his income and outgoings and his disposable income (if there is any)? In terms of how much to offer it will really depend on whether he has disposable income and how much this is. Generally, personally, I would start at about 10% (don't expect them to accept this though - or any initial offer for that matter as they will want to maximise their income) and put a timescale for them to respond by. Also emphasise the fact that he has looked at bankruptcy but would feel that this would benefit both parties more. The reason I say start at about 10% is that this leaves a lot of room for negotiating. You can always negotiate up but you have absolutely no chance of negotiating down the way.
  5. Here's a quick guide to bankruptcy which may be of some help http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/guidetobankruptcy.pdf Really you should speak to a qualified insolvency practioner regarding bankruptcy. You can find one here Insolvency Practitioners Association or alternatively give National Debtline a call....and yes you can keep have a basic bank account during bankruptcy. National Debtline have quitet a good factsheet on bankruptcy here National Debtline England & Wales | Debt Advice | Factsheet 01 Bankruptcy
  6. Just make sure you send it recorded delivery as apparently DCA's have dreadful problems with mail and usually only 'receive' letters if you send them recorded delivery - or if you stick money in them of course
  7. I forgot to say, first of all you should stop worrying as realistically there is very little they can do to you and you may wish to do some readying around the forum to confirm this for yourself. Secondly, I would say that if you continue to not address this by acting you will just continue to worry about it which obviously isn't healthy. In my opinion only by acting do you remove the stress and worry caused by these situations and get on with having a happy normal life.
  8. Are there any charges on the account do you know e.g. no payment fees, collection fees, etc? While they can take you to court the letter that you have received is a standard one designed to frighten you into calling them. If they were to take you to court you would be informed of this by the court and have 3 options. The first would be to admit the debt and apply for a time to pay order based on your disposable income. The court would decide the amount you had to pay each week/month and not the DCA/creditor. You on no accounts should be pressurised into paying this debt in full even if you do agree that the sum quoted as outstanding is correct. A court would deem this as unreasonable and it is also against debt collection guideance from the OFT. The second option would be to dispute the amount owed (you would still have the opportunity to apply for a time order to pay back the monies in installments). The third option would be to fully defend the claim. Only if after decree was granted against you would they be able to apply for an arrestment of wages and only if you had then still refused to pay. Of course they would need to have your bank/employers details to do this. As far as bailiffs coming goes we don't have bailiffs in Scotland. We have sheriff officers. Unless they are acting on behalf of the court, they have no more powers than you or me. An alternative is to ask for a statement of account as part of the CCA request if you just want to know when the last payment was made and then add 5 years to get the date when it would become time barred. AIC are a Scottish DCA so they would use a Scottish solicitor. Ultimately it is up to you whether or not you want to try and wait it out until the debt becomes statute barred. If you are registered in any way at your parents address then it is highly likely that the DCA will know that you are already there through credit agency searches, etc. I would however point out that asking for a copy of the credit agreement and details of any charges on the account in no way acknowledges the debt and in no way resets the limitation clock.
  9. You may also find the following of interest Debt Factsheets - Harassment of people in debt by creditors The OFT can sometimes be a bit slow but it's still worth compaining to them. If you complain to Trading Standards they may actually give ARC a call which sometimes puts a halt to the phone calls. You also may wish to make a complaint to the police on the grounds of this being harassment and endangering your employment. The police may, if you're lucky, have a wee chat with ARC which usually realigns the DCA twits thought process.
  10. They only have a few standard threatomatic letters and this is a fairly over used one. Does the letter say will take legal action or may take legal action? Normally you would receive another threatomatic from Fred's in-house solicitor first anyway - who being an English solicitor isn't allowed to practice as one in Scotland but nevermind. Recorded delivery can take quite a while I'm afraid these days (up to a week is not uncommon) so don't rush to send off another letter. Anyway if you need it Fred's address is: Fredrickson International Ltd, Persimmon House, De Havilland Drive, Brooklands BusinessPark, Weybridge, Surrey. KT13 0NT
  11. More info here banking: firms' right of 'set off'
  12. Yes but the sheriff wouldn't be awfully impressed that they have ignored a dispute. Court action should always be a last resort and of course they would have to prove that the monies claimed are indeed owed by you. You should also e-mail them informing them that all further communication must be in writing only and that any further telephone calls from them will be view as harassment and reported to the relevant authorities. DCA call centre staff will tell you any old rubbish over the phone to try and intimidate you into making a payment as telephone conversations can later be denied. If they do phone again and you feel the need to talk to them inform them that the call is being recorded (whether it is or not), they normally soon hang up. Keep a log of any calls though. Harassment is a criminal offence whereby both the individual and the company can be prosecuted Protection from Harassment Act 1997 (c. 40)
  13. Did you claim council tax benefit at the time though? You have to claim this seperately from other benefits and should have received a form from the council for this. Even if you did receive this benefit there would have still been a small amount to pay as you still have to pay for water charges.
  14. They can do this but it's not simply a case of popping down to their local sheriff court and asking for one. Before they could get an earnings arrestment they would have to take you to court (obviously you would be notified of this and can choose to defend, partly dispute the claim, or apply for a time to pay order, etc.) and obtain a decree against you. Assuming they obtained the decree against you you would then be sent a charge for payment warning that unless you pay what you owe within 14 days they are going to take action to get the money that you owe them. Only after the 14 days are up can then use an earnings arrestment to enforce the decree. Obviously how much they would be allowed to take each month would depend on how much you earn as prescribed in the Diligence in Earnings (Variation) (Scotland) Regulations 2006.
  15. olrac123 have a read here Scottish Executive: Web site currently unavailable. If you are considering self sequestration you do need to seek independent qualified advice. Money Advice Scotland and Citizens Advice Scotland both offer free impartial advice Scottish Executive: Web site currently unavailable. I've also given you a link to the debtor application packs to have a look at Scottish Executive: Web site currently unavailable.
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