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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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Threats from A&L


helencaunt
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Hi! I have reclaimed charges from HSBC and Nationwide with no problems, but A&L seem to be playing hard ball! Any advice would be great.

 

I had a current account with A&L with a £500 overdraft. I was unaware of any problems with my account until A&L wrote to me to tell me that I was £150 over my overdraft limit, so they were removing the facility. I went online to check me statement, and noticed that the whole overdraft was taken up by returned direct debit charges.

 

They called, and said that if I did not make a payment, they would enter a default notice against me. I didn't have the whole amount so paid them £150.

 

After making this payment, I immediately wrote to them saying that they had no right to enter defaults against me as I was disputing the charges, and requested copies of statements which I didn't have. 2 weeks later, they replied, saying I had no ground for disputing the charge, and no statements. I have now received a letter from a debt collector saying that if I do not pay, they will send bailiffs to my home.

 

Should I pay the outstanding amount, then take the matter up with them? Should I not pay, as to pay would be to admit that I accept the charges? I'm really not sure what to do next.

 

Any advice would be great.

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Just found you- welcome to CAG and dont panic.

 

 

No, paying them will not weaken your claim for a refund, but you dont have to pay them anything that you dont owe them.

 

Its entirely up to you, following the following process will pull the rug from under them.

 

First thing to do is get another bank account and transfer your salary and and direct debits to it.

 

Send them a S.A.R - (Subject Access Request) for all your missing statements going back as far as you like- (I got copy statements from 20 years ago, complete with charges!)

 

Then send them a request for a copy of your original credit agreement. This is known as a Cpnsumer Credit Act section 77/78 request, commonly known on CAG as a CCA-ing them.

 

(If they dont send it to you within 12 days they cant do anything and you dont have to pay them anything until they do.)

 

 

I'll be back in mo with the links for you. Just click them and you will have the CAG template letters.

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SAR template-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

(Remember to enclose the £10 fee- you would be advised to do this by means of a postal order as it is as good as cash and you will then have proof of payment in the post office reciept- which you MUST keep. Send the SAR+£10 by Special Delivery (costs a bit, but these creeps are playing hard ball, so make sure you have evidence of EVERYTHING)

 

CCA request-

 

your address

date

 

a/c no: xxxxxxxxx

 

 

Sir/Madam,

 

Under s.77 of the Consumer Credit Act you are ordered to supply me with:

 

1) a true copy of the original credit agreement relating to the above mentioned account

 

2) The current statement of account

 

 

 

 

Please find payment of the maximum fee of £1.00 ijn the form of a postal order serial number xxxxxxxxxxxx

 

This letter sent by Special Delivery, tracking number xxxxxxxxxxx

 

 

Yours

 

DO NOT SIGN THIS!!! They are known to cut and paste your sig for fake agreements.

 

 

helencaunt

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Dont forget- as well as all the unlawful charges, you are also entitled to a refund of all the interest levied on those charges from the date the charge was made until the date the unlawful charge is removed. ;)

 

They owe you a lot more than you think.

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Thanks for your responses.

I will follow your advice. My concern is:

1, it's rather intimidating being threatened by DCA.

2, I will need to get a mortgage in the next couple of months, and am worried they will screw up my credit.

3, Even if I file against them, surely I'm no better off, because it won't be dealt with because of the OFT test case?

 

I have not yet filed, as I don't have all of my statements, and they ignored my request for them. They even returned the cheque!!

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"After making this payment, I immediately wrote to them saying that they had no right to enter defaults against me as I was disputing the charges, and requested copies of statements which I didn't have. 2 weeks later, they replied, saying I had no ground for disputing the charge, and no statements. I have now received a letter from a debt collector saying that if I do not pay, they will send bailiffs to my home."

 

 

You are absolutely right.

 

What you should is do a photocopy of this letter and send it together with a covering letter to your local Trading Standards.

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DO NOT speak to the DCA.

 

NEVER, EVER SPEAK TO THEM.

 

Refuse to confirm your identity when they ring but make a note of the times.

 

As you are aware of the SAR, send the CAG template one to A&L.

 

This puts them on notice that the "debt" is disputed, therefore legally they cannot default you until the dispute is resolved.

 

Also send A&L this (modified to suit yourself:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

This puts them on notice that putting default on your credit record would be a breach of the DPA, and that they lay themselves wide open to a claim for damages suffered by you, if they do this.

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I agree, being hassled by a DCA can be intimidating, but the more knowlege you gain from reading this site, they more you realise they are just muppets using a lot of scary letters to try and scare you.

 

They will lie, cheat and feed you BS if they think it work in their favour.

 

What this site has taught me is, it is suprisingly easy to fight back. The law is there to protect you as well.

 

You just need to know where to get help.

 

You've found it. :)

 

Read and read this site.

 

You will find others just like yourself, wiping the floor with these bottom feeding parasites everyday.

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"3, Even if I file against them, surely I'm no better off, because it won't be dealt with because of the OFT test case?"

 

You will be better off because the "debt" will be legally in dispute, so they wont be able to do a damn thing until it is resolved, whenever that may be.

 

Let the DCA and A&L know you dispute it and carry on with getting the statements and file your small claim as soon as you can.

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