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    • statute barring in Scotland is 5yrs from last payment/use date or date of default Notice + 14 days, whichever is the later. dont confuse that with the 6yrs debts show on credit files (DN's 6th bday regardless to payment or not). they'd never get a claim raised by august in 99% of cases . as long all these debts were taken out whilst resident in scotland and you have not moved since taking them out but failed to inform the original creditor before the debt sale....... then stay radio silent until sb date is reached. then if you wish send our scottish sb letter. just remember unlike E&W in scotland debts are extinguished, dead , gone , parrot. once SB'd dx  
    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
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Claim on stay - being chased for payment


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I made a claim against Abbey earlier in the year and my case is currently on hold.

 

My claim is for £838 but my total overdrawn (student overdraft) was £1590.

 

The debt collection company that were chasing me stopped, but the debt has since been passed on to bcwgroup.com

They contact me today asking for payment. They said that they were willing to accept £700 to clear the debt and that i need to set up a payment plan immediatedly for amount i am over my claim figure.

 

Is this correct? Do you have any advise at all?

 

Thanks,

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i have had dealings with bcw in the past and they are a bunch of bullies! The best thing is to refuse to speak to them on the phone and just write to them explaining that your case is on hold, if you can afford to make a nominal payment of say, £10 per month that should keep them off your backs, you may need to be seen to be paying something as obviously your overdraft is not covered by your charges claim. Hope this helps - they also threatened me with a house visit but as they are based in Glasgow I thought this would be highly unlikely and ignored them - they never turned up! Good luck and keep posting if you have any more problems.

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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They called my mobile and work today. I have never given them my work number.

 

Here are the facts:

 

My charges claim is for around £800 minus a GOGW

This does not cover the all of the amount of my overdraft £1500

BCW have said abbey will accept £700

 

My question is, if i only have to pay £700 and the rest of the debt is written off, How will that effect my bank claim? Is the judge then likely to say, well they have already written off around £700-800 so are not entitled to anything?

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Hi, no it wont affect your claim at all and to stop them phoning you and to get everything in writing only, send them this letter

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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They called my mobile and work today. I have never given them my work number.

 

Here are the facts:

 

My charges claim is for around £800 minus a GOGW

This does not cover the all of the amount of my overdraft £1500

BCW have said abbey will accept £700

 

My question is, if i only have to pay £700 and the rest of the debt is written off, How will that effect my bank claim? Is the judge then likely to say, well they have already written off around £700-800 so are not entitled to anything?

 

 

I made an application to have a stay lifted, although the stay wasn't lifted the judge got rather narked by the fact that Abbey were proceeding with chasing a debt that was primarily made up on charges and that was in dispute. She went as far as making an interim order to tell Abbey to stop debt collection. If they don't comply then she has agreed the stay can be lifted. Might be worth considering if the have put you through debt collection / harrassment via phone calls etc.

 

She said that any legal action brought by Abbey in regard to the debt would have no legal basis and you could simply ask any action to be stayed too.

 

Hope this helps

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  • 1 month later...
Hi, no it wont affect your claim at all and to stop them phoning you and to get everything in writing only, send them this letter

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

 

I send the letter above via recorded delivery. Since then I have not had a single phone call or letter from them. This includes the fact they have not sent me a CCA.

 

What are my next steps or do I just wait?

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  • 2 months later...

Had a call from APEX today. I refused to give my details and said I will only communicate by post. He said that is rubbish as I have ignored letters from them. I told them I have no idea who APEX are (I didn't at the time), he basically called me a liar and said he was going to record the fact I refused to speak to them.

 

I had previous sent BCW a letter to stop harrassing me by telephone at home and work.

 

The debt is related to an overdraft do these not have CCAs?

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two more calls today and a letter from them.

 

The letter states that my account has been look at and they want me take advantage a special deal.

 

What should my reply be?

 

I imagine they will call my work phone later today

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