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    • 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. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
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OK this is a debt of my dads which he asked me to look at today but i dont know where to start so thought i would ask you nice people here as you have helped me before.

 

this is what i know:

 

Dad has been ignoring letters from cabot for a debt which he says is an old barcley card which was last payed and used in 1999.

 

I now believe it has been to court as he has had letter from solicitors on saturday saying they have an application for a charging order over your property, this application will be made 7 days after date of letter. (which was the 3rd of september)

 

Dad phoned and told them he not paying doesnt acknowledge the debt as it is 9 years old.

 

there is a notice of change of solicitor they sent with the letter which i dont understand. sorry cant post pics of letters as dont have scanner.

 

Advise much appreciated.

;)
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Does your dad have all the letters from Cabot?

 

Can you track what has happened- has he been taken to court for a CCJ already?

 

What does the last letter say- does it have court details, where, when, court number etc? Or does the exact words say we MAY get a charging order?

 

Are there any dates on the letter/ timescales?

 

And who is it from- Cabot?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Firstly..........DO NOT RING THEM ANYMORE

 

Secondly............THIS DEBT SHOULD BE STATUTE BARRED FROM WHAT YOU HAVE SAID.

 

Sit tight, somebody on here will be in touch and tell you your rights very soon.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

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IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Does your dad have all the letters from Cabot? NO think he binned them thinking they would go away.

 

Can you track what has happened- has he been taken to court for a CCJ already? Not sure hasnt had a letter saying so.

 

What does the last letter say- does it have court details, where, when, court number etc? Or does the exact words say we MAY get a charging order? The letter he gave me is from shoosmiths solicitorswhich says they are instructed to proceed with an application for a charging order

 

Are there any dates on the letter/ timescales? The solicitors letter is dated the 3rd of september and it says the application will be made 7 days after the date of the letter. which gives him till wednesday

 

And who is it from- Cabot?

Originally cabot. notice change of solicitor says shoosmiths.

;)
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Send the Statue barred letter by special delivery to Shoosmiths TODAY.

 

Letter M.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Just get it there asap. It just looks like they are chancing their arm on this one.

 

I also used to used your dad's filing method- many of us on here did. Then I progressed to putting them all in a drawer and now I've started dealing with things, I am finding gems from most of the DCA community in there. My attitude has changed so dramatically, all thanks to CAG.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Of course it would perhaps be easier to deal with earlier, or with more information.

 

But many of us have used the bin or drawer filing method in the past. The key is to deal with it now.

 

These "solicitors" may not listen now- but if they try to get a charging order when they have been previously told the debt is statute barred, then there is an automatic reason to fight them.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi Emma,

 

Do you think the CCA request would also be in order? The reason I ask is that if they do go for a charging order after the request has been made and they haven't supplied one, that would also be a defence in itself.

 

Would that compromise the Stat Barred? I can't see why it would be I'm no expert...

Just thought that if time is tight it would be worth getting the clock ticking on the 12+2 working days and would add more to the defence...:)

  • Haha 1

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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You could also go for CCA- starting the letter with the obligatory "I do not acknowledge any debt to your company or any company you represent".

 

The key would be to send the statute barred letter- then if they come back to say there has already been a CCJ in the case which would restart the clock if it was not defended, then go for the CCA, perhaps.

 

But statute barred (with out any prior court action to reactivate the debt) is a complete defence against this claim.

 

I think that is all right- unless anyone else can correct me?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Does the CCJ not depend on when it was issued? because as I understand it, once the debt becomes SB'ed then that is it, nothing can restart the clock, so we would need to know the date of the CCJ.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I mean if the CCJ was recent- ie if they have got one recently which has not been defended. Sorry if I was not clear about that!

 

It sounds like the OPs dad is being railroaded, as the DCA think he doesn't know his rights and will just ignore them OR that this will make him panic and pay. Usual tactics.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Ask him if he saw any court documents- but whatever he says, send off that statute barred letter today by special delivery so it gets there by noon tomorrow.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Brilliant- hopefully this can stop them running to court- or at least slow them down enough to get more information.

 

Shout if you need anything.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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