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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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Hi guys

 

I have just started receiving mail from Lowell to a address i lived at some 20 years ago. the debt is almost 5 years old and a big one of about £15000 I have not replied to any letters , should I keep doing this or should I phone them , will they make me bankrupt?

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scobby

 

the decision is yours on what you intend to do.

this is a phising expedition from lowells to get you to contact them.

in the past, letters from a dca was ignored.

in the end they gave up and sold it on to another dca.

if they do send a letter to your current address, come back to your thread for advice.

time is on your side, so just file under ignore for the time being.

 

when was the last time payment went into the account from you.

MOST IMPORTANT QUESTION

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Ask yourself "Is it really necessary for me know what's on my Credit file??" before you actually do anything.

 

CRA and DCA is the same thing. Some CRA's actually own DCA's, Equifax and Wescot being the classic example.

If your account is flagged, requesting your credit report rings the dinner bell and your credit file is instantly knackered.

 

CRA's are the new CCJ's.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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I know whats on my credit report....enough mis-information/defaults/late payments/ CCJ's & goodness knows whatelse to shame the nation :D

The ironic thing is..its never really effected me much in terms of getting approved for things/getting on with life etc..

Makes you think that they are not actually worth the paper they are printed on :rolleyes:

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The sad thing is that many people are enticed by the pop-ups that appear for the various Credit Reference Agencies and they foolishly in my opinion check their Credit Rating. In doing so they provide the DCAs with an up to date address and possibly a new telephone number for their threat monkeys to torment you on. You then open the door to all sorts of Junk Mail including offers of High Interest Loans and Credit Cards and begging letters from some low-life DCA about a 10 yr old Statute Barred and Long forgotten debt. Until these agencies are more careful about the information they share with their buddies in DCA land I for one would not advocate any correspondence with them other than through a medium.

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There is a lot at stake here as this a potentially huge debt.

 

I would strongly advise against getting a credit report, as you will be flagging your address to the enemy.

 

Ignore anything which is not sent to your proper address. Time is the critical factor here.

 

You say the last payment was made in 2003, and you also say that the alleged debt is nearly 5 years old. I take it that means the alleged debt had a payment made on it in November or December 2003.

 

It really is going to be difficult to sit this year out until the debt becomes statute barred, unless they have no valid CCA.

 

This is something you simply don't know, and cannot find out unless you CCA them, which will be a gamble as you will be flagging your address.

 

Be prepared to CCA them the very moment they find your current address, because at that point there is no point in being quiet any more. You need to force them to show their hand.

 

I am assuming in saying that that this is a debt which is covered by the Consumer Credit Act 1974? I notice you don't say in your original post.

 

What you need to do is sit tight for now and wait, but be preparing your tactics of how to respond in two specific eventualities - firstly, they HAVE a valid CCA, and, secondly, if they DON'T have a valid CCA.

 

If they don't have a valid CCA then it is easy. They cannot enforce the debt so provided you aren't insane enough to acknowledge the debt or pay anything it will get over the statute barred line and the game will be over.

 

If they DO come up with a valid CCA, it will be far more difficult. Without knowing your circumstances I cannot possibly say what the best move will be. Do you own property? How do you earn your living? (Don't answer these questions on here, by the way, as it will only help them to identify you).

 

In some peoples' cases it could be as simple as taking a year out to work abroad and cutting the paper trail completely. Other people will be far more rooted to their current location with work, property ownership, family etc.

 

These are things you need to consider now, just in case they can come up with a valid CCA.

 

As for making you bankrupt, whether they would try to do that would depend on your asset level. With a debt of this size they will do anything and everything to collect on it. If you are clearly seen to be owning property with enough equity in it to cover the alleged debt then they will petition for bankruptcy at the drop of a hat. They are only interested in money.

 

 

If you have no assets and are living on benefits then bankruptcy would do you a lot more good than them. The debts would be off your back and they would get nothing. So they simply wouldn't try to make you bankrupt. If you were to get discharged and then get a decent job after that, they would not be able to claim any money from you.

 

So much of this depends on your personal circumstances. You just need to have your moves worked out in advance and know how you are going to handle each possible eventuality.

 

SH

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  • 2 months later...

Hi All

 

A short line to let you know whats going on, well they are still sending the letters same ones, time after time.

 

I was thinking getting my credit check, I don't what to do let my present address be made available, so I was thinking about checking my C S on line using a prepaid cc ? will I able to see my c s on line instantly .

any thoughts

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Hi,

I think that you'll have to put your address in when trying to find your CS. Keeping a low profile is the way to go i think.

 

fox

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This needs careful handling, as the alleged debt is for a huge amount of money, and is on the verge of being statute barred. I would strongly advise holding off on any idea of checking your credit file until you are sure that the SB date has passed.

 

How accurately can you pinpoint the date at which you last acknowledged this alleged debt in writing, or made a payment on it?

 

SH

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Quote SH

How accurately can you pinpoint the date at which you last acknowledged this alleged debt in writing, or made a payment on it?

 

This is the question

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Under NO circumstances would I recomend you check your Credit Report. Its now a well established fact that any info you give the CRAs will find its way to their buddies in DCA land. Why bother with it until you are sure the alleged debt is Stat Barred. Once you contact a CRA you will open the floodgates to a deluge of DCAs, Credit Card and Loan Applications.

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You have been warned. If you get your CRA file you will open the flood gates. GUARANTEED. Even doing it online is a no no as the address you enter is checked against your credit card so they will soon find you. What is this debt for, and with who?

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