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Found 54 results

  1. OK. I'm new here so please be gentle I got into a lot of debt in 2002. Long story! I'm working for a company that works closely with the MOD. I was honest about my debts but got side blinded when they discovered a ccJ for over 15k This loan did not show on my file. Experian says because my addresses are not linked it didn't show? From the info Experian have given me, I have called these companies Carvale creditor Britannica Recoveries Restons Solicitors Cabot Financial Resolve Cabot say they've passed the debt to Resolve who can't trace me. The cAN was issued to an old address in Jan 2015 From googling the companies, it seems it's an old Egg Loan. Last payment would have been around Dec 2008 I know about statue barred but how can I enforce it before the debtors knock at the door. I have 10 days to get back to the MOD who have been great! Apologies for the long msg
  2. Hi I had a debt with Barclaycard in 2004/05 for £476 and then facing financial trouble, I have an IVA in 2007/08 which failed because of emigrating to Australia for 4 years. Since 2006/07, I had no contacts with any financial companies and didn't pay any money to anyone, other than GE. I have come back to UK and since then paid off GE. But, I have no communications from any financial companies. I checked my credit history and there was nothing showing from any financial debts from 2006/07. I did get in touch with Barclays but that was for a PPI claim which they paid up. I am now suddenly being chased for that debt with Barclaycard from 2006/07 by a company called Cabot Financial. In the letter they sent me, it says they'll send a company called ResolveCall to visit me and discuss the debt, if I don't call them within the next seven days. My question is I am sure the debt is statute barred. I have never made any payments to Barclays since 2007. What are the next steps - bear in mind, I haven't contacted them and I have never admitted to the debt to them. Thanks for your help
  3. I guess it is same old story, had a lot of credit cards due to expenses from old job, always paid them off until things went wrong with work. Long story short, had about 6 cards and several other debts, debt was between £50k and £80k, interest was frozen, it is just I lost most of the paperwork when I was homeless. I do have PDF's in cloud of bank statements. I foolishly serviced the cards for years, until finally accepted I could not afford to service them, Then even more foolishly I kept the debts alive for even more years by making token payments. Then things got even worse,I was homeless for some time and then got injured and am disabled now, that pushed me over the edge mentally with major depression. If you look at the causes of major depression I had all of them in a fairly short period of time, but the main thing is quality of life. I am quite prosaic about it now. So really these guys do not faze me, some of my creditors got CCJ's for all the good that did them, a couple went the HCEO route and they too got nothing. I did not engage and had nothing they could take from outside. I saw online that debt goes off statute, by that time I had disengaged, the debts were passed to so many debt collectors I lost track, but all the usual names you see on this forum. Now as the debts approach getting barred the cycle of letters including the threat of legal action, CCJ etc. At least two have had this threat before, but they then went back to the "get in contact" and "here is a discount" letters. I figured contacting them just resets the debt so I have never engaged. None of letters are coming to my current address, I think someone did check on me at an old address, so that kicked off the letters again a few years ago, the people there keep them for me. I was wondering what the benchmark is for them to take legal action? I am pretty invisible to them, I do not work or have any assets, no bills are in my name, I am not on voters roll, I can't even afford broadband or TV Licence so they won't find me there either. To be honest I do not really care, they would be wasting their money, but I guess for them it is a way to keep the debt alive for another 6 years. Still, it would be nice if I could get the consumer debt disposed of. Then the CCJ's will go and I might do a DRO for the HCEO debt if I last that long. As far as I remember my last payments to most of the consumer debt was 2012/2013 but I do not want anything to change on the credit reference databases as it shows activity, so I will probably wait until the existing CCJ's expire before I tell the debt collectors to stop pursuing. One of the CCJ's was obtained without my knowledge but I decided it was easier to just let it ride out the 6 years. My strategy was not to engage at all because the only way out was bankruptcy and I do not have money for that. It is also aided my mental health strategy, not engaging or being visible for 6 years, I did not have mental energy to deal with anything never mind these jokers. I have not done any credit checks or noddle because these all show activity. So really I was just wondering what are the probabilities of them wasting their time with legal action for consumer debt? I say wasting time as I am on disability and barely get enough to heat and eat, I do not know if they would be able to get some sort of attachment to income, but as this paltry amount is what the state says I NEED to live on, taking any of it would risk making me homeless. I do not drink, take drugs or smoke. I know the debt collectors and legal firm are the same crowd, so they probably figure they pay the salaries anyway, but surely each debt will have to be taken individually and a Court fee paid if they go further? So far my case is just up for "initial consideration" for legal action, I had one of these over a year ago, it came to nothing. I guess they may be tempted by big number on the debt but doesn't that make the Court fee higher? At the end of the day when you have nothing it is a kind of strength, even without court fee and legal expenses it would take over 4000 years to pay off by my calculations. Thanks in advance for your input.
  4. Please help, I'm not sure how to handle this claim and don't want to get it wrong! Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 30th Aug 2016 Date to submit defence = - by 4pm Friday 30/9/2016 What is the claim for – 1.The claim is for the sum of £13718 in the respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no xxxxxx-xxxxxxxx. The debt was legally assigned from Santander UK PLC to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defenadant pursuant to Section 87(1) CCA. 3.The Claimant Claims: 1. The sum of £13718 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 13/8/16 to the date hereof 12 days is the sum of £36.08 3. Daily interest at the rate of £3.01 4. Costs What is the value of the claim? £13718 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? cahoot Flexible Loan When did you enter into the original agreement before or after 2007? 20/05/2002 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. HPH2 Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Had a Debt Managemant Plan set up with Payplan from February 2010 of which Santander had agreed to being paid £66.27 per month However, they refused repeatedly to freeze the interest unlike the other creditors in the DMP. This was adding around £200 per month in interest in January 2011 I stopped paying the DMP as it seemed pointless as it would never reduce the debt. The original debt was £10804 at the start of the DMP but 11 months later was £13718 due to them being completely unreasonable. What was the date of your last payment? December 2010 Was there a dispute with the original creditor that remains unresolved? Only with regards the interest whilst in a debt management plan Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, as described above. Payplan had requested all creditors freeze interest and all agreed except Santander. Many Thanks. Brief background: In early 2010 after trying to keep a failing business going I was left with various credit card and a flexible loan debts and the combined monthly repayments became unbearable. I entered into a debt management plan through Payplan paying £324 per month to 6 creditors. By January 2011 the business could no longer trade as I lost my premises and then a few months later lost the house. I considered bankruptcy for the first few years but could never manage to raise the fee (about £750 at the time), then as time passed and I lived in various places the letters became sporadic and it was easier to ignore the few that came. I've had plenty threatening court action from all the usual DCA's and nothing happened until now. I was looking forward to another 4 months hoping it would be statute barred but Hoist have other ideas! I've tried to get an idea by reading all the forums but was wondering if I can do a CCA request for a flexible loan? Also, when checking the FCA register the DCA's licenses don't seem to be active - is this relevant and can it be used? FCA license for Howard Cohen (Cohen Cramer Ltd) Current Status: Lapsed , Permissions Inactive 31/10/2015 FCA license for Hoist Portfolio Holding 2 Ltd Current Status: Cancelled , Permissions Inactive 30/09/2015 I have registered with MCOL and done the acknowledgement on the 8th Sept 2016 and stated I wish to defend the whole claim, problem is I don't know the best way to do it. Any help would be greatly appreciated. Forgot to add, the solicitor on the claim form is Howard Cohen & Co, Leeds
  5. Hi there I'm looking for HELP on defending a claim I received before Christmas SO NEED HELP ASAP PLEASE CLAIM DETAILS issued on 14th December 2015 the account was started on 07/2001 Claimant - Hoist Portfoilio2? Cohen solicitors At Northampton CC Particulars: the claim in respect of £2,XXX.XX in respect of monies owing pursuant to an overdraft facility under bank account number XXXXXXXXXXXX The debt was legally assigned by MKDP LLP (Ex LLOYDS BANKING GROUP) to the claimant and notice has been served. the defendant has failed to repay overdrawn sums owing under the term and conditions of the bank account. the Claimant claims: 1. the sum of XXXXXX 2 the interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 13/05/11 to the date hereof 1671 is the sum is the sum of XXXX 3 future interest accruing at a rate of £ .XX 4 Costs I have been on MCOL and acknowledged the claim and said I wish to defend now I cannot get back on MCOL as my sign in and passwords do not match. I have rang them and the lady I spoke to said I can email a defence, only I don't know which defence to use as this is all such an untidy mess. BACKGROUND In 2008 I had no debts owned a business and lived in Staffordshire, by 2009 because of my husbands infidelity we had moved to Wales where my family was, he was out of work, me too and debts were spiralling, I was using overdrafts to pay rent. In Dec 2009 there was a bad split with hubby the police were called so I remember the year quite well. I had been overdrawn since June/July and did not service the account with any funds at all I did however ring Lloyds and speak to them explain my situation. The account remained in arrears, got passed from them to their debt department. Spoke to them, I was in a dire situation barely covering my rent. they kept paying out DD out the account and causing me more debt as the DD were all returned at £25 a pop then the account went over the arranged overdraft letters started, etc. however in all this time I never paid into the account. Eventually in late 2010 they issued a default, the debt was bantered between solicitors then sold to MKDP in May/June 2014 depending on what credit agency report you look at I cannot remember receiving this. I have also read they are supposed to service you with ongoing statements, had one or two of them over the time period to date but not regularly. I have now received a CC claim from Hoist, but never heard of them, had no letters or anything. I have checked my credit file on both Noodle and Experian Lloyds TSB debt is showing as SETTLED - on 30/06/2014 The debt to MKDP LLP as showing active for the amount claimed minus interest being claimed and is in default to date and not showing as being sold to anyone. the only thing they all seem to agree on is the default date. Furthermore I have the original agreement on opening the account with Lloyds TSB (I'm a hoarder) but have mislaid all my bank statements from Lloyds in the last move ( have sent a SAR to Lloyds 9 days ago) awaiting a reply and have also sent a CPR 13 request to both named on the Claim form on the original LLOYDS TSB terms and conditions agreement it clearly states: 10.2 if you do use your card to create an overdraft we have not agreed or to exceed an agreed overdraft you would have broken the term of the account and you must pay the agreed amount immediately so either this is SB, they have not followed the rules ( whatever they are) or they have closed the debt Please help need some information fast as need to email defence tomorrow or day after Many thanks in advance PS........ pulled all the info off the site and read a lot of threads, it been a great help so far
  6. Hi all, I've read a lot of people in a similar circumstance to my own on here, but thought I'd post my case as it progresses. I received a letter from some company called Honours Student Loans (HSL) a few days ago saying that they have 'now located me' and that I owe them £1600 in 'arrears' for a debt of £2500 and they have also applied a 'trace fee' to my 'debt'. From what I've read on here I'm not the only one, although a lot of the cases I've read are quite old now, so not sure if they've changed their tactics at all. Incidentally my original loan was for £1800 and I paid some of that off in bits so god knows where those figures came from. my student loan was from 1997, after which I started to pay it off for about a year, I deferred for a year, I moved and continued to defer, I moved again, informing the student loans company all the time of my address. I stopped hearing from them, no deferrment forms. Long story short I read in the paper that they were about to go bust and thought that the debt had just been anulled. That's probably when HSL bought all their loans. I was 17 odd years ago, last contact was maybe 14 or 15 years ago. Bottom line is that my debt is statute barred (from what I gather on here). I ran a credit report on equifax, I have no CCJ's current or passed, credit rating is good. today I'm sending the statute barred template letter, royal mail signed for. After that I guess I'll hear nothing for a while and then I'll get a reply saying I deliberately withheld my address or something, which is nonsense, (also from what I read on here), then god knows. Is there anything else anyone can think of that I should be doing at this stage? Any tips? Thanks
  7. Hello everyone. I am helping my partner defend a recent claim received from Bryan Carter on behalf of Lowell. There were some outstanding debts on my partner’s credit file upon our return from living abroad for the past six years (winter 2008 to winter 2014) but all default dates were shown between March and May 2009 and have since dropped off as they were over six years old. Since receiving the claim and prior to finding this excellent forum the claim was acknowledged I posted an edited template found on another site to Bryan Cater stating the debt is statute barred and encouraging them to discontinue the claim. A reply to this letter has been received alleging a payment of £1 was made to the account in July 2010. Today after researching on the forum a CCA request has been sent to Lowell and a CPR 31.14 request to Bryan Carter. I appreciate any help in dealing with this phantom payment and submitting an adequately worded defence. Name of the Claimant? LOWELL PORTFOLIO I LTD Date of issue? 27 AUG 2015 What is the claim for? 1.THE CLAIMANTS CLAIM IS FOR THE SUM OF 671–, BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND CAPITAL ONE UNDER ACCOUNT REFERENCE — AND ASSIGNED TO THE CLAIMANT ON 06/10/2009, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. 2.THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH. AND THE CLAIMANT CLAIMS 671– THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 53– What is the value of the claim? 855– Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Unsure, but probably 2008 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. purchaser Were you aware the account had been assigned — did you receive a Notice of Assignment? No. Had been living abroad between 2008 and 2014. Did you receive a Default Notice from the original creditor? No. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No. Why did you cease payments? Financial hard ship. What was the date of your last payment? Unsure, it is possible no payment was ever made. Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.
  8. Hi there, I have received a Claim Form for a debt i believe to be Statute Barred. The Claimant is Arrow Global Guernsey Limited and they are being represented by a Solicitors firm. In the Particulars the Contract date is 12.07.2008 whilst the assignment date to claimant is 20.12.2011. I am pretty certain that there has been no payment from 2008 onwards and any previous payments were initially made from a company account where the company has now been dissolved. The company used my credit to obtain a credit card. The debt has never appeared on my Credit File (requested from Credit Expert) and still does not appear recently. I have older reports saved that show this has never appeared. I have submitted a statue barred defence and requested information on the account. They have now sent me the transactions list - the total debt is circa £14k including the court fees and solicitor fees. The last payment was made on 1 April 2010 so it is within the 6 years, however, I am adamant that I have not paid this or the previous payments - I had no idea of the amount on the bill, I have no recollection of the actual debt. They have never directly pursued me for this debt in last 6 years. Having looked through the list of transactions and payments just under £6k is a "Finance Charge" or "Bank Charge". Any ideas or recommendation would be grateful thanks
  9. Just had a lovely chat with someone at Mortimer Clark. I'll call him Matthew, for that was what he called himself. He declined to give me his mobile number, employment status or value of rent or mortgage - but I guess that's only fair since I declined the same information. He was very keen to discuss a loan that "their client" apparently bought from BlackHorse some time ago, but since I knew nothing about them and have had a dispute running on it for so long that I'd forgotten it ever existed, we didn't get very far. Hit stalemate regarding the dispute as I wasn't prepared to divulge any information not knowing who he was (I mean, not even giving me his mobile number - could be anyone!) and he had no information from "their client" or BlackHorse about it either. He did stop to share his concerns at one point though, and suggested I contacted the Police if I thought it was fraudulent, so I took his name and address down again (still no mobile number) so I could report his fraud, but apparently I misunderstood him and he was suggesting I report the initial alleged loan as fraud. Silly me! He very helpfully offered to get a copy of the loan agreement and associated information, and kindly confessed eventually that they were indeed threatening court action without sight of any agreement. All he could tell me was that the loan started in March 2005 and terminated in September 2010, with the last payment in August 2008. I left it that they would address all the previous concerns once they had the proper paperwork, at which time they'll also see how many other agencies have tried to pursue this alleged debt and swiftly passed it back when realising they had no right to. We almost parted on good terms, and I tried to save them a lot of unnecessary work and money by pointing out August 2008 was a long time ago now - more than 6 years I hasten to add. However, it seems for them the usual rules no longer apply and they can continue to do what the hell they like until 6 years after the formal termination/sale rather than 6 years after the last payment or acknowledgement of debt. If he'd given me his mobile number I could have text a link to the relevant laws! On a serious note though.... has the law changed here?
  10. Hi guys, My brother has received a Claim Form from Northampton Coutnty Court, and has asked my advice on how best to proceed.....I wasn't too sure so I thought I should ask you experts! The particulars of the claim states; "The claimant claims for sums due under a/various Credi Agreement(s) related only to money regulated by the Consumer Credit Act 1974 entered into between the Claimant and the Defendant. The agreement(s) was/ were terminated upon the Defendant failure to comply with the terms of the Agreement(s). The claimant complied with Section III and IV of Annex B of the PD Pre-Action Conduct. And the Claimant Claims: Personal Loan Account number 1346183 balance of 4,417.23 as of 4/4/05. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from 4/4/05 to 30/5/12 of 581.77 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.97 AND Costs." My brother says that this is the very first communication he has received regarding this debt. The claimant is Welcome Financial Services, and the claimants solicitor is Hegarty LLP. He has purchased copies of his credit report and this debt is not shown on any of them, so we are wondering if this debt is now statute barred and unenforceable. I have suggested sending back the Acknowledgment of Service, and then trying to get copies of the original agreement and notice of default, but the letter states that if a defence isn't supplied within 28 days then judgment will be entered without further notice. I doubt that the solicitor will supply these document within the 28 days, but we cannot enter the defence that the debt is statute barred without it could we? Thanks in advance for your help with this matter.
  11. A quick question as I might need to act fast. My wife has just had a Scottish small claims summons delivered to her previous address, though Nolans know her current address. I think that this is statute barred as I believe it to be over five years from her last payment. Is it safe to phone Cabot to ask when the last payment was made? Or should this be asked in writing and the court asked formally for an extension of time for their reply? I will try and post more detail tomorrow. The promised further detail. The Form 1a was sent by Walker Love, on the behalf of Nolans Solicitors, in the normal post to an address that we vacated over 18 months ago. I am aware of other communications directly from Nolans to this address, though I have no idea what debts they relate to. We also had one from Nolans is to our current address, followed by at least one more to the old address. Nolans say that they are now dealing with this matter on their clients behalf and that all future communications should be with them and not to their clients. Should I send an SAR or CCA Request to Nolans? The details of the claim are: 1. A paragraph to show that the defendant lives within the jurisdiction of the court, even though she doesn't live there any more. However, we have not moved far enough for this to matter. 2. [Verbatim] On 24/04/09 the defender entered an agreement with VANQUIS under which the defender borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the Consumer Credit Act 1974. The defender failed to pay as agreed on demand and is in breach of contract with the said Vanquis. The said supplier assigned all rights to the said debt to Cabot Financial UK Ltd on 26/08/2011 and the pursuers have advised the defender of same. The said sum of £1103 is the sum sued for. The pursuers have made frequent requests to the defender to make a payment of the said sum but the defender has refused or delayed to do so. I think that this was for a credit card which was used for a short period time and I believe that no payments have been made since at least the summer of 2009 if not before. My thinking is that our best defence is that the debt is too old and hence statute barred. However we have no records to confirm when the last payment was made therefore I think that we need to contact either Vanquis, Cabot or Nolans to ask them. Should this be done by phone, an SAR and/or CCA Request, or a specific letter? Who should we ask–all three? Do they need payments included? I think it would worth asking for the Credit Agreement and all other data as well, as we may have other grounds of defence too. And the amount may not correct. I intend to respond to the court that we will defend the claim before the return date. However, I expect that we will need to ask for a sist–delay to get the information we need back. No account numbers except for Nolans reference.
  12. I have received today a county court claim form from MKDP for an account which I am positive is now statute barred. I never made a payment on this account and never made contact with the various companies over the years acknowledging the debt. The entry on my credit file was removed at the beginning of the year so know its over 6 years. The particulars of the claim state: The claimant claims the sum of £703.57 being monies due from the defendants to Nationwide under a bank account facility assigned to the claimant on 10/10/2011. Could someone advise what I need to do now. Many thanks
  13. Name of Claimant: Lowell Portfolio 1 Ltd re Lowell Finance Ltd Documents and payments send to: Bryan Carter Solicitors. Date of Issue: 23 May 2014 What is claim for: This claim is for 800 the amount due under an agreement between the original creditor and the defendant to provide finance and /or services and/or goods. This debt was assigned to/purchased by Lowell Portfolio on XX 07 2013 and notice served pursuant to the law of property act 1925. Particulars Lloyds A/C No xxxxxxxxxxx And the claimant claims 800. The claimant also claims interest pursuant to county court act 1964 from XX 07 2013 to date at 8% per annum amounting to 50. Value of claim: Total £980 Claim is for a defaulted current bank account/overdraft. Unsure when entered into original agreement (See below) overdaft occured in 2007 so possibly original account pre 2007. Claim is issued by the debt purchaser. Unsure if a notice of assignation issued. (See below) Original creditor sent default notice early 2008. Unsure if Notice of default sums issued yearly. (See below) Payments ceased because unable to pay the £20 a day bank charges which then became £40 a day. The bank were telephoned to state unable to afford bank charges. No acceptable resolution could be reached. All further contact has been ignored. Further info I'm posting this to try and help the son of a friend. As such I don't have the full details but have looked through a pile of paperwork they kept. I think a fair bit has been thrown away. The debt was originally around £100 of unauthorised overdaft with Lloyds in 2007. Lloyds started adding bank charges including a £20 a day charge, which at one point i'm told doubled to £40 a day. After an unsuccesful conversation with Lloyds the youngster abandoned the account and ignored further communications, which went on to come from debt collection agencies and finally Lowells who have now issued a claim through the courts via Bryan Carter Solicitors. I would like to help him defend the claim rather than see him offer no defence and get rubber stamped a CCJ. Two things strike me... 1) This debt arises from bank charges that were ultimately ruled unfair I believe. There was a time when these could have been reclaimed, sadly he didn't do that. So can these charges now be enforceable? 2) It's over six years since any payments/debt acknowledged and I'm fairly certain the default notice is over 6 years old, the last payments certainly were (I can check the date as they have the notice). So i think this debt should be statute barred. Any advice on the best way to proceed would be appreciated. I'm thinking we need to get them to prove they have the appropriate proof of the debt in place and that it's not statute barred but no idea how to go about that. Also the claim is from the County Court Business Centre in Northampton. This is no where near us and not his local court. Should this be transferred to his local court? And if so how is that done. Thanks in advance!
  14. I have a disputed account that was passed among various lenders over the years as one bought from another. On each occasion as and when I was contacted I responded repudiating their claim. None of the companies involved attempted to prove their claim in court and now the matter is statute barred. Upon receipt of the latest letter I responded to the current holder of the alleged debt in writing advising them that as this had been in dispute for over 5 years that under the terms of the Prescriptions and Limitations Act (Scotland) 1973 that the matter was now time barred and any further attempt at collection could be construed as harassment. They have responded acknowledging my obligation to pay is now extinguished but highlight that they will continue to report the matter to Credit Referencing Agencies. Now I know that a debt becomes Statute Barred in England at 6 years and this corresponds with the maximum time a bad debt is listed with Credit Bureaus, but I thought in Scotland that it was 5 years for both. Can someone please clarify?
  15. Good evening all, I'm hoping you can give me some advice on a Student loan I took out in 96 which has now been passed to a DCA in the last few months due to being sold by SLC (as was) and they are now starting to chase. I went to Uni as a mature student back in 93 and received a student loan for each of the three years of my BA(hons). Since 2006 I haven't paid a penny or acknowledged the debt. HOWEVER, I did send back the deferment forms proving I wasn't earning enough. So, does this count as acknowledging the debt? Or can I assume it's now SB? Also, would there be any mileage in sending a 'prove it' letter or CCA/SAR to the DCA as I'm sure now twenty years later they'd be hard pushed to produce any sort of agreement I'd originally signed? Any advice really appreciated as the debt remaining on the Student Loan is 'relatively' small, but still I can't afford it, but what worries me more is the charges a DCA then CCJ/Bailiffs, etc might legally add. And I don't believe in burying my head in the sand unless absolutely necessary.
  16. Hi there I have a couple of defaulted debts (unsecured loans) showing on my credit file. Both accounts are shown as defaulting in mid 2009 and since then I have made regular, agreed payments against both of them up until late 2013. At this point I requested cca's from both DCA's but received no response from either. However, rather than cancelling either of the direct debits I simply reduced them to 1p per month, which is where we are at now. I haven't heard from either of the DCA's since doing this by the way.. I understand that the Statute Barred trigger is 6 years from the most recent payment I make against the account (providing I don't communicate with the DCA/acknowledge liability etc), but what I want to know is will these accounts disappear from my credit file 6 years after the default date, even though the SB date will not have been reached? Thanks in advance..
  17. I have an old business bank debt - just over £25k which due to circumstances I could not afford, and I ended up paying a £1 per month to a DCA for some months. Then they stopped dealing with it, and although I contacted the bank, I was never contacted again, until now, about 5 years 9 months later, when a new DCA has rung and wants me to call back and it can only be about this. I appreciate there is a moral and legal situation here. I owe money, but money was also added on with various insurances the bank made me take out, and charges. If I don't pay anything more in the next 3 months will it become statute barred? Or does the fact they have contacted me again start the clock? Not sure what to do. I would prefer to avoid court -(how quickly could they do that?) I'm not in a position to offer full and final settlement, but with the changes in pension pot rules in April next year, I might be able to offer 20% - 25% of the debt then by cashing in a pension pot. Thank you for any help on ways to proceed. This company does use doorstep agents.
  18. Hello all, My second enquiry so far is regarding a debt I suspected was statute barred even though it is showing as due to be stat barred in May 2014 on my credit file. The original debt was with barclaycard, after receiving some fast paced threats recently from fredrickson and now bryan carter on behalf of lowell, I called barclaycard to get confirmation. The last payment received on this account was dec 2004 through the original creditor barclaycard and was charged off at the end of May 2008 and then sold to lowell in 2010. What is the next step I should take as it looks like they want to rush this one to court so I need to get on top of this one urgently. Any help or advice would be really appreciated.
  19. Received a court claim for £14,300 for disputed MBNA card agreement assigned to Arrow Global from Restons Solicitors. Card was sold to me at Heathrow airport, face to face in 2002. I seem to remember something about the process of the sale not being normal. But in any case, it is 6 years since any money was paid to this account. I issued a S78 request in December 2007 and did not get a satisfactory response including no terms (not even reconstituted ones). No money has been paid since December 2007. So I think the alleged debt became statute barred at the turn of the year. It seems this has been the trigger for Restons to take this to court. Does anyone have any pointers of what I need to write in the defence to this case. Thanks
  20. My parents have one debt each. One from great universal catalogue which was last paid £15 years ago. The other an old debt about 13 years ago from comet for a tv that had about £100 left to pay but the balance is now over £900 which is now with activ capital. These haven't been acknowledged in this long. Are these statute barred and how do I proceed from here? Thanks
  21. Does anyone happen to know if banks can still access current account funds to set off a statute barred debt? No contact for well over 6 years regarding repaying the debt (to be honest, mother in law would stand no chance of paying it off anyway on nothing more than basic state pension so it maybe was written off)? No funds have ever been taken from her current account to offset so have the bank set a precedent by failing to take a single penny for over 6+ years? Or could they literally come back to her at any time and remove funds from her account? Thank you.
  22. Hi everyone, looking for some advice from anyone who may be able to help. I have 2 debts which I could not pay. CAB advised me to wait for any court action to be taken, that was over 5 years ago now (Dec 2005) I have never been taken, or threatened with being taken, to court over these and the debt has passed from collection agency to collection agency. I had no way of attempting payment on these and now I believe they are statute barred due to 5 year period in scottish law. I looked at my experian report and one shows defaults for over 5 years but the other shows only 27 months of default. I have neither paid anything or confirmed anything on these 2 debts. My 2 queries are, when will the first one drop off my report and what should I do with the second. The first is a Mint credit card and the secont a direct line loan. I now have a job and can at least try and start repairing my credit but do not know what the status of these debts is. appreciate an help anyone can give.
  23. Hello all I write this thread in assistance to all who may find themselves in a similar position. I have started to get the dreaded letters and constant phone calls, calls from variously named companies, calls and letters which would and does shake the uninitiated, from a particular company called Lowell Scary - yes they can be - intimidating - yes they can be, however thanks to this wonderful community that is the CAG, help and assistance is always close by, closer than you think! Now, these letters and phone-calls are nothing new, in fact they are exactly the same as this time last year! is this deja vu? Opps - someones slipped up, ITS THE SAME CASE REFERENCE I SMASHED THEM IN FOR LAST YEAR IN COURT!!! With full assistance from these guys and gals right here... So - to re-iterate a little - I have kept the letters, listed times and dates of phone calls, I have time logged time spent so far researching and learning, I am using a time logging program which logs time and date synchronized and would be 100% admissible in a court of law as too its accuracy, I do this because its 18 pounds per hour litigant in person cost, this is the hourly rate paid for your time and effort because we are not lawyers, this is the cost the enemy will have to pay if and when we get to court, so far I have clocked up 7hrs and counting - [time spent reading these forum threads, and various law statutes etc.] Keep reading - I shall update you all regularly because I want them to continue just so anyone else can have a running record of what to do should this happen to you, with the same or similar circumstance......... Also it serves to notify the relevant bodies i.e. OFT OFCOM etc, of the downright foolish and destructible way these people are abusing their industry, intimidating and harassing everyday descent folk just trying to live life as best as they can. hopefully they learn some heartfelt lessons unless, they PLAY THE GAME FAIRLY. Alas until that time, watch this space! The facts are: YOU MUST ABIDE BY THE LAW, BOTH AS CONSUMERS AND ESPECIALLY THE INSTITUTES AND COMPANIES THAT WORK WITHIN THEM - IF NOT, THEN..... Khemist ps search my name in legal success to see my story... Thanks again to all who make up the CAG I would never have sounded so cocky if it were not for your help and treasured knowledge.
  24. Hi everyone, This is my first post so I apologise if I am in the wrong section for this type of query. A forum member at Moneysaving Expert recommended I ask for help/advice from CAG and I have spent the last couple of hours looking over posts but I just need a bit of clarification if anyone can help......... My husband received a claim form through the post from a county court on Tuesday. The claimant is a DCA and on the claim form they say that a Notice of Assignment has been sent to him to explain that they now own the debt. The sum they are claiming with solicitors costs is just under £6,000 and they state that it relates to the Lloyds Banking Group. My husband had a debt with Lloyds which defaulted in 1999 . The debt is made up almost entirely of bank charges that piled up when he went over his overdraft after he was made redundant. Since then he has lived at the same address but in the intervening years there have been no letters or phone calls...nothing until now. We have filed an acknowledgment to the court and asked for the full 28days but looking through all the posts that seemed similar to our case I think that this is a statute barred debt but if someone could just confirm that they agree or disagree with me I would be very grateful. One big worry that I have got is that the DCA registered the default date as being 2008. This is definitely wrong but does this affect our claim that it is statute barred debt? If anyone can point me in the right direction regarding the correct templates to base our letters on I would be grateful. Do we send any correspondence only to the court or to the DCA as well ? Any advice very much appreciated Thanks in advance Elizabeth
  25. hello, to cut a long story short I've had a couple of letters from red debt collection services for a debt which I'm pretty sure is statute barred, I sent them the SB letter by special delivery on 21/05/13 guaranteed to arrive before 1pm the next day (which it did), anyway I've since received another letter from them dated 24/05/13 stating that if I don't pay they will "be sending my account to a field agent or one of chosen debt collection partners unless you arrange repayment" Nowhere in this letter does it acknowledge the SB letter they have received, could this be an automated letter? do I wait a bit longer to see if they reply re the statute bar letter that I sent them? any guidance on the issue would be appreciated. thanks in advance.
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