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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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HFO Services


GAVH1981
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I have recieved a credit agrement thismornin that i signed 3 years ago with Welcome Finance. I wanna clear this debt off, if i offer HFO a payment i can afford, do they have to accept it?

 

Can you post up a copy minus any personal details. Its just surprising our friends have actually got an enforceable agreement.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hope this is clear enough to make out, i dont know how to upload a full page one

 

Sorry it is still too small to read but even at this size it looks a remarkably 'clean' document. Can you try photobucket.com after taking out any personal details.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hi Gav. You also need to send a S.A.R - (Subject Access Request) request to the original creditor. It is highly likely that the debt includes unlawful charges and possibly mis sold ppi. Further, we need to see a legible copy of the agreement they sent you. I know they have previously cut and pasted an application form and tried to pass it off as the original agreement.

 

With regards to the Telecommunications Act and harrassment by telephone especially at work, someone recently successfully sued a company for a six figure sum for continuing to harrass by telephone after being served with such a notice. If they continue to call, keep a diary of every call for future reference.

 

Stan

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Ok Gav. Can you now give us a little more information. The total loan was for £2,511. They are asking for £3,000. That imediately tells you that charges have been added. We will know more on this when the SAR info comes back. Can you remember how many payments you made and when you stopped paying?

 

I also noticed that this loan consolidated a previous loan. They have also charged you PPI. Under a CCA request they have to send copies of ALL agreements they hold on you. As this loan consolidates a previous loan (on which there may also have been charges) we need a copy of that agreement and any others. We also need full details on the PPI. This was sold as a single premium policy and you were charged interest on that too. This practice has been deemed unfair by TS and other governing bodies. It is possible that (in fact highly likely) that you had PPI on the prevous loan in the same way. This means you paid up front for X years of cover but settled the loan early and only got half the cover.

 

I really do think that this debt is going to be reduced substantially. You can challenge the charges when we know what they are and also the PPI.

 

Stan

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So is the best thing to do ask HFO for all the information they hold about this debt on file to be sent to me? Am i entitled to this? I think i paid tor 6 months, till i stopped paying, because of personal reasons. I am almost sure that they told me PPI was compulsory, but cannot be too sure on this.

 

If you can tell me exactly what i need to request from HFO i will get straight on with it.

 

Gav

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Gav, yes you are entitled to copies of all agreements linked to this one. As the loan was consolidated from a previous one then basically it forms part of the CCA request.

 

It is highly likely that you were told ppi was compulsory. OFT did a massive survey and found that people were either being quoted for a loan which included ppi without their knowledge or they were being told it was compulsory or than they would get a better rate of interest if they took it. This practice has been deemed unfair by OFT and if they havent followed certain guidelines you are entitled to claim it back.

 

Write back to them and tell them that not only do you require a copy of the previous agreement which was used in consolidation, but that you require all documentation and notes relating to the PPI and any PPI that was sold with the previous agreement.

 

Single premium PPI is a complete rip off. If you take out a loan over five years, the company sell you a 5 year PPI plan. This is sold as as one off up front payment which is added to the loan on which they then charge you interest on the PPI too. If you settle the loan after say one year then there is no refund. You have had 1 year cover and paid for five. Get my drift! What they should have done is offered you the choice of 'pay as you go' PPI. In other words you pay £14 per month as you go, and can cancel it at any time if you settle the loan early. This is what is called 'stand alone' PPI. It is something you organise yourself through an insurance company that does not have any ties to the creditor. Of course they dont want to tell you that because they are making big commission out of you. If you werent give the choice or it was not properly explained to you then you have a case for claiming it back under the grounds that it was mis sold to you.

 

We should also get this info when the SAR comes back.

 

Stan

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i now have the full history of HFO i will post on my thread listed below tommorrow te te lets see what they think of the data protections lol this history sheet goes right back to 1993 you would not beleive how many bankruptcies they have against them(the directors that is)te he you will laugh at it im in fits laughing at it now

patrickq1

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just got the post now,

HFO say

I have been reveiwing your account history and i can confirm that because of your personal circumstances you qualify for a substantial discount on your outstanding balance,however ,this offer will only be available for 5 days so you need to call me as soon as possible. if you call me today,you can stop worrying about this debt.

if you fail to get in touch,HFO will have no optionbut to instruct solicitors to sue you in order to recover the debt Once the solicitors are involved i will no longer be in a position to help you .HFO will not write of your debt so there is no point in ignoring this situation

 

i,ll do everything i can to help you ,whatever the circumstances.Please give me a call

yours sincerely

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Hi, it seems they have wound you up as much as they have me. I have to say that on my original posting and several others I have disclosed who the directors are and have spent many hours investigating these cowboys. I have huge files relating to their every move, their homes and income and all their dodgy connections. The only thing I dont know about them is what they had for breakfast. All the authorities have been advised of their very dubious activities and I must say that no-one seems interested. However, they have now gone very quiet. I have to be careful what I disclose but I would be happy to PM you and we could exchange notes.

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Patrick

I think the FSA made a great mistake in agreeing with the FOS and OFT to let the banks off regarding bank charges, for that is what they have done. Many people thought the banks had paid out £20-30 million in charges over the first six months but the reality was far worse.

The OFT case was announced late on Thursday evening with the application to Court rushed on Friday. Come Monday, HSBC had to report its financial results to the Stock Exchange. They had paid out £114 M; RBS was to follow on Tuesday with £78M and HBOS/Halifax the day after with another £70M. Some commentators estimated that collectively the banks had paid back over £1 Billion in six months. Any pretence of a defence from the banks in cases brought to court after the following Monday would have seriously annoyed any judge. That's why the banks agreed to a test case, which the OFT had been asking for all along.

The FSA should have stepped in (they would have known what was going on) and told the banks to stop the practice of charging customers and pay back the money without the need for a court case, just as the pre-FSA regulators did with pensions and endowment mis-selling. But a third major consumer scandal in a little over 10 years , this time involving the banks directly, would have rocked the banks and the FSA probably didn't want stand up to their paymasters in the banks.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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