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    • Ok so to cut a long story Short I had a massive breakdown in a long term relationship 5 years ago leaving me with large debts. I'm a reformed person now to how I used to be with money and I'm looking to get a mortgage.  I have ignored these debts as I'm aware of the statue barred system.  Sadly the other day I have received 2 pre legal assesment letters from Lowlifes based on 2 old O2 accounts.  I'm aware that the pre assesment is just a threat but it's one I need to take seriously based on my mortgage applications. The drop off date is not till next summer.  It leaves a sour taste in my mouth to set up a payment plan for this although it could be the way forward.  I maybe up for full and final but the accounts equate to £1000 roughly.  Can someone advise me on the best option for these without judging.  I have previously beaten lowlife in court for a ccj based on another communications account I held based on no CCA to prove it was mine although I think I got very lucky as I'm aware it's not regulated under the CCA.  I currently have another CC account which I'm fighting with Roboway via the prove it method for which they have wrote to me twice over the months stating they are having issues with the original creditor.  Sorry for the long read but this is massively important I avoid a CCJ. 
    • sorry I was mixing the wrong CAT provider in there. yes JDW, not SD   so in a nut shell you cant find any payments to JDW or say Littlewoods or any of the JDW catalogue names they provided but can find ref for studio cards [yes express gifts]   so they are trying 2 claim on at least 2 cat debts that are prob SB'd and using AC numbers in their POC that don't appear to match those on your credit file?   what about the studio card details, does the payment ref match the POC AC number?
    • Ok, so I have sat down and done the sums and to say I was a little out on my original debt assessment would be an understatement. The figure I owe is actually ALOT more than I anticipated. Here is the breakdown:   MBNA Credit Card - £3,833.61 Barclay Credit Card - £9,914.02 Natwest Over Draft - £2,241.51 Paypal Credit - £2005.88 Littlewoods - £1287.33 Next - £603.98 Other (This is what I owe a friend of mine who helped me, they said they're not urgently needing this money back and to sort out the rest first but I feel a massive sense of need to repay them) - £7,000.00 Total of Company Debts- £19,886.33 Total Debt with extra money I owe friend - £26,886.33   Thank you in advance for any help and advice. This figure has been very overwhelming and is a massive wake up call for me.      
    • Hi dx100uk Thanks for reply Have downloaded all bank accounts going back to 2012, checked same for JDWilliams/ J D Williams/ Williams and can find no indication of payment at all to any name or similar But Express Gifts ( Studio Cards? ) according to bank statements made last payment ( £35 ) on 24/07/2013. The reference numbers shown by Lowell do NOT match the account numbers shown on my credit file?   Once again many thanks for help Trace
    • When you list your debts, can you include  the approximate month/year you took out the account or loan.  Also when the accounts were defaulted, if you have received a default notice and could not pay the amount on the default notice.   If you have Government debts such as Council Tax, please state the current position.    Are you currently working ? Do you claim any benefits  ? If you are on low income, have you applied for any help. It would be Universal Credit now and not  Council Housing Benefits, unless you have any existing Housing Benefit claim.    
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jura

5 years and not 6?

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I am just clarifying and making sure that I understand fully, everything!

 

Am I understanding correctly that you can only claim for 5 years in Scotland? :confused:

 

TIA

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yes, the period of limitation is 6 years elsewhere and 5 years for us lowly Scottish folks..and a limit of £750 on small claims..there are moves to bring this in line with England etc by bringing small claims limits up to £5k, but this could take months or even years before it is implemented

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IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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Thanks scotia, was aware of the £750 limit (after reading here) but the 5 /6 years thing only struck home tonight as I was adding up the totals! Thought I had better double/triple check and then ask!!!

 

cheers j

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When I started out on my first claim I missed the 5/6 yr difference and although my claim went all the way to the Sheriff court, at no point was it commented upon.(earliest charge reclaimed was 28/07/2000 )


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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I'd chanced my luck with the BOS and claimed as far back as 2000, they settled out of court for all charges within 5 years, but stated that they would defend against anything prior to that.

 

Now, whether they would actually have defended or not, is another question, I decided to just take the money (+8% interest & £39 court fee) and run.


** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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I have more charges in the year 2000-2001 than in the following 5. That was the year they messed e around big time, and I spent the last 5 paying it off. I'm tempted to go for the whole thing and see what happens.

 

What dop you reckon Scotia?


BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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Sorry, should have added this at the time. If I was living in England, I could claim the extra, right? What if I were to move to England for the duration of this claim?


BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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Sorry, should have added this at the time. If I was living in England, I could claim the extra, right? What if I were to move to England for the duration of this claim?

 

Good question & a very grey area...

 

I'd considered this myself as I now live in Carlise, BUT i'm not sure whether the fact that all my dealings were done whilst I lived in Scotland would have counted against me.

 

You could contact the Court and see perhaps?


** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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I think some on here have 'moved' to england for the purposes of claiming charges back!


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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For county courts, you have to live in that county, and be registered on the voter's role (not to bring the claim, but if a bank checks, you can be done for contempt).

 

However, you rent a place over the border, register on the voters role. Then make your claim and you are fine.

 

This changes at a higher level as the court deals with the arresting judiciary. Ie commit murder in London and you don't get tried in the high court in Edinburgh, but that is irrelevant.


--- --- --- --- --- --- ---

Current State of Affairs:

--- --- --- --- --- --- ---

RBOS Royalties Account - £2705 in unfair charges. Prelim letter sent 26/6/06

Reply Received 06/7/06 - PLease go away

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Hi,

 

The English address requirement seems to contradict what is being said on other threads?

http://www.consumeractiongroup.co.uk/forum/scotland/5115-scotland-claiming-via-english.html

 

arrandolly

 

"This question arises time and time again. Please note that if the bank has an address in England then you simply raise a claim on Form N1 and send to the local County Court of the Bank's registered office. I did this with A&L, I live in Scotland but raised an action in Leicester. It is not difficult or complicated in any way."

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