DX, or anyone, can you help with a wee quick question (or 2) please...? Thought I'd just use this old thread of mine, rather start a new thread - hope that is OK? My friend has been served with a Summary Cause (Scotland).. . I have sent a CCA request, on her behalf, and await the outcome. It is pre 2007, and by the looks of her credit file, the default date on her account was just a week or two OVER 5 years ago, from the date on the court paperwork - meaning, I think, it is already statute barred. She assures me she's not had any contact with them, nor made any payment in that time. So, it may be a clear cut case, based on the statute barred status of the account Am I correct in assuming that the statute barred period starts on the date of default of the debt? Also, the papers were simply posted thru her door, but state they were delivered to her in the presence of a signed witness. In other words, they didn't send by recorded delivery, and nor did they hand them to her in person. Does this not mean that they were served incorrectly? It is shoosmiths, acting for cabot, for a capital one debt. I think they are on a hiding to nothing, but I'm interested to know if, rather than going to the bother of defending, that I can simply write to them, on her behalf, stating they've both served the papers incorrectly, and that the debt is statute barred, and threaten to go to court to defend and seek all possible expenses... I've won 2 Ordinary cause actions roughly based on this method... Any quick advice please guys and gals?

hi guys - please help with this one... I am based in Scotland... I had a credit card, 2 actually, with MBNA. Stopped paying them, and others, about 4 years ago - as I'd got involved with a company called Credit Issues, who deemed that all of my credit cards were unenforceable, and I didn't need to pay them. I knew it was going to screw up my credit rating, but wasn't too bothered about that - to be safe, I'd say Jan 2016 will actually see everything totally statute barred, so this gives you some idea of timescale, but I've not paid anything, nor had any contact with any DCA in the interim. One card in particular, MBNA = £9000 outstanding approx. was passed between various DCA and eventually ended up with ARROW GLOBAL, relatively recently. They wrote to me last week, although the envelope it came in was branded YUILL AND KYLE - stating they had passed the debt to YUILL AND KYLE, who would be handling this debt for them. SO why did it come in the YUILL AND KYLE envelope?? it was ignored, as per usual. However, YUILL AND KYLE have written today saying they will issue court papers (unsure of exact wording, as I do not have it to hand) if I do not pay within 5 days. Now, I've had LOADS of these letters, and ignore them, as they wording is 'MAY take legal action...' - but this time they say the will take legal action - and reading up on them, I see they're a right bunch, who try every trick in the book - including the mistiming of letters and so on. I've not acknowledged this debt in 4 years, I am sure I have been offered discounts on the debt from previous DCA, which always suggests to me the debt is a stinker and they cannot enforce it, so they're trying to get a few quid, which is better than nothing. Am I correct in this assumption? If this is correct, I'm taking the chance that they are just trying their hand in the strongest way possible. And I will NOT contact them, and will wait to see what they do next. So, question is this, if they do take the next step, what steps, in the right order, do I need to take next? I hear about CCA, prove it letters, SAR and so on, but is there a specific order to these, and to whom should they be addressed? MBNA, Arrow, YUILL AND KYLE...?? And does sending a CCA/prove it request stop any impending legal proceedings, for the time being? And also, does sending a SAR, CCA etc admit any liability for the debt whatsoever...? I'd dearly love to sit this out and for it to go away once it becomes statute barred, and drop off my credit file, so I can start rebuilding my credit rating again. Any help VERY MUCH gratefully received - many, many thanks in advance.

Received a letter on Saturday from the above people on behalf of Lowell. In 2009 i asked all creditors for a signed copy of cca and none were able to supply me with it so accounts were put into dispute. Never heard much more and they all seem to sell the debt onto different companies until Saturday. Letter reads... we have today served you a summons upon you by recorded delivery post. Should you not dispute the debt then you are now liable to pay sum shown below which includes judicial Expenses and interest. To avoid decree passing against you please return slip below with your remittance. ....finally we refer you to the court document now served upon you which details your rights to make representations to the court and if appropriate to pay the debt by installments. I have no idea who the original debt is with as it doesnt state on the letter and not sure where to go from here

Hi i wondered if anyone can provide any advice on how to proceed. My husband received a letter from Yuill and Kyle in january regarding a debt with lowell portfolio after reading advice on here i sent off a CCA request on 3rd of february by recorded delivery and enclosed a postal order for the required fee. I also sent a letter to yuill and kyle telling them we had requested this information from lowell. These were signed for and we have heard nothing since. Yesterday a letter arrived from Yuill and Kyle stating the following: Dear Sir Lowell Portfolio I Ltd v You Should you not dispute the debt then you are now liable to pay the sum shown below which included Judicial Expenses. To avoid decree passing against you then please return the slip below with your remittance. Failure to do so will mean decree passing against you and our instructing sheriff officers t o recover the principle, judicial expense along with sheriff officer fees. Finally we refer you to the court documents now served upon you which details your right to make representations to the court and if appropriate to pay the debt by instalments. You are always able to contact us to discuss a payment arrangement with you based on your circumstances and then put to our client for consideration. Yours faithfully Yuill and Kyle 3***** Lowell portfolio 1 ltd v Mr ************* ********* Principle due : £****.** Judicial Expenses: £***.** Total Due: £****.** Im unsure as how to proceed next we have received no court papers as yet but i believed when a CCA was not supplied then no further action could be taken until these were produced? Any help gratefully received

Hi, Ive been paying a debt of £3320 to 1st Credit through Yuill & Kyle at £50 per month, ive never been late never missed a payment, I got a letter from 1st Credit giving me an anual statement, it says i only owe £320, I rang Yuill & Kyle to confirm the total final amount, they said £1320. Ive asked them to send me a full break down of the remaining amount and why such a differance. It seems in short ive been charged over £1000 in interest. This Debt originally went to court and the court awarded them 8% but no matter how hard I try I cannot calculate 8% of £3320 and reach a similar total. Can anyone claryfy because this sounds a bit fishy to me. I understand I have to pay court costs and some interest but not over £1000 of interest.

had sheriff officers at the door this morning serving me with a form 5 notice, not really sure what to do with it. problem is, the account it is regarding is an rbs account that according to them i opened and took either an overdraft or credit card out when i was 13! the entry on my credit files has been disputed to rbs and subsequently removed from my credit reports. id been in touch with yuill&kyle when i received a letter from them last wednesday stating that i had been served with a form 5, when in fact i hadn't at that point. surely they can't issue this if its no longer valid? edit: so i've just read over the forms again,i was half asleep earlier. it reads so it appears, it was the wrong info on all my credit reports and i never received a default notice, had no letters, anything from arrow global and the only correspondence i have had or recall having is from yuill&kyle. if the default was issued in 2006 is it not statute barred then? how do i go about this, ive filled in that i intend to defend the claim. i have until the 28th feb to get it back to the court

Hi, Need some advice.... I received a letter this morning with a summons which states on it below: "On or around 4th August 2007, Phoenix Recoveries (UK) supplied mail order goods to the defender in terms of an agreement regulated under the consumer credit act 1974." I have not received any mail order goods or entered in to any consumer credit agreement with Phoenix Recoveries (UK). I have received mail order goods from another company who I think are now pursing me (cannot be sure as the summons/letter gives no indication) Where do I stand with regards to challenging them? Is there anything I can do? I don't have any statements or ways of identifying who this is. Thanks.