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Citation Received - Clydesdale bank Credit Card

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Hi Ida,

 

i'm just a little concerned as what if the FOS decides that the bank did not deliberately mislead me as they are in england and may not be familiar with scots law.

 

I honestly felt i already had some form of closure as they did not have an agreement and as such could take no legal action.

I'm confident there is no agreement so i'll just have to ride it out i suppose. :(

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Well the FOS has advised me that the bank are going to dismiss their action completely,

and are sending out an income and expenditure form for me to complete,

so that they can see what i have coming in and going out

as they want to arrange a payment plan to clear the debt.

 

They also say that the CCA will be sent out too,

but i'm not to sure about this as i definately did not sign anything

and so far they have not been able to produce one since i asked for it last year!

 

The FOS have sent me a form to sign to confirm i that am happy with the outcome a

nd to some degree i am as the court action should never have been raised while the account was in dispute.

 

However, i did write to the bank last year (Rory kindly drafted a letter for me after 30 days had passed

and they were still unable to produce a signd copy of the CCA),

which included the paragraph below.

 

Even though i sent it recorded delivery and it was signed for at their end, they never replied to me

 

"I now require the balance of this account to be returned to zero and your Sheriff Court claim against me withdrawn.

I believe that it is in your companies best interests in order to reduce your legal costs regarding this matter and those that may be claimed against you".

 

In view of the above should i agree a payment plan or offer them something as 'full and final payment' in settlement of the debt?

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it's up to you but if you can afford a full and final just to get rid it may be the best way to go but if there is still no cca then you do not have too

 

ida x


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Thanks Ida,

 

I can't afford a full and final but it looks like the FOS is saying that i have to pay even though there is no CCA.

 

Do you think the lack of a CCA will put me in a better position however,

to state how much i am prepared to pay on a weekly/monthly basis?

 

as this is easier than having them dictate an amount.

i'm managing (just), to keep on top of all my other debts

and i really do not want to have to ask them to accept reduced payments in order to pay this,

 

i'd much rather state what i am willing to pay and use the lack of a CCA as the reason why they should accept my offer.

 

What's your thoughts on this?

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the FOS cannot dictate that you must pay if there is no cca.

 

no cca = excellent position.

 

if they happen to have a valid cca then you determine on how much you can afford whether they like it or not

 

ida x


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Oh dear just when I thought everything was fine,

the silent phone calls have started and a I've had couple giving an automated message

telling me that I should call a number,

which appears to be a collections agency.

I'm sure it'll be letters next neutral.gif

 

Does anyone know if the bank are likely to have sold the debt on to someone else while it is in dispute,

can they do this?

They withdrew their court action,

have never provided me with a CCA

and I've heard nothing for years why would they try again if they have no CCA?

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cause they will get folk who will still pay up


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thanks Ida,

I've received a letter threatening court action again from another legal company.

which is stressful to say the least,

although I'm not sure if the debt is staute barred now as no payments have been made since 2008.

 

However, the FOS did deal with my complaint re them raising court action

while the account was in dispute in 2009 which led to them withdrawing their court action in the same year.

 

what would be the best way for me to deal with this?

 

Should i do nothing and see if they go away

or should i write and say the account has been in dispute since 2008

and as such show me a CCA

or do i write and tell them that previous court action was withdrawn in 2009,

or is the debt statute barred now?????

 

any idea of what would be the best way forward as i can't stand much more stress!

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Is this letter regarding the same debt ?

What is on your credit file regarding this debt.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Yes, it's for the same debt. I do not know what my credit file says where can i see it?

 

I've just checked what info I have and the bank they withdrew their court action in 2009.

Does this mean that the debt won't be statute barred until 2014?

Edited by pu_mpk_in
additional information added

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Ok,

I've just checked my credit report

and this debt is there showing as a defaulted account,

defaulting in 2008,

 

but the debt now appears to be owed to Cabot Financial (UK) Ltd?

 

Could this be who the debt has been sold to?

 

what now?

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Looks like Cabot will be the new 'owners'.

 

If the last payment was in 2008 the debt will be stat barred this year,

well in Scotland it will no longer exist.

 

Whether or not the involvement of fos constitutes acknowledgement I'm not sure.

 

This is what Nationaldebtline say on the Statue Barred matter..........

 

You need to think carefully about any action that either you or the creditor has taken over the last five years: if

 

the creditor has not already obtained a decree against you;

and

you or anyone else owing the money (on a debt in joint names)

have not made a payment on the debt during the last five years;

and

you have not written to the creditor admitting you owe the debt during the last five years.

 

You can argue that the debt is ‘extinguished’,

This means that it no longer exists and there is no debt for the creditor to pursue.

 

Who was it that threatened court action.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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hi just read the whole thread

 

clydesdale LOST in the court debacle.

 

that nor any of your letters resets the SB date

 

they have sold the debt to 'make something on it'

by way of writing it off the books and reclaiming the tax.

 

this totally resets the SB to as if the case was never raised.

 

cabot, the debt buyer will know nothing about the history.

all they would see [or their PC would see]

is a single line with a large debt showing

so the program will fire off a threat-o-gram

 

your debt in STATUTE BARRED

dead extinquished you are in Scotland

 

goto to the green library tab up top left

and in the debt collection folder

find and fire off the SCOTTISH state barred letter.

 

however. IN MY OPINION

 

I would DO NOTHING.

 

even if they were SO STUPID to start a case

 

your defence is rock solid and they'll drop it like a stone

when they actually READ your address.

 

:lol::lol::lol:

  • Haha 1

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Thanks for having a look at this thread dx, I agree with doing nothing, see if they come back with anything at a later date.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks for your help with this guys, I'm just a bit worried about it all really.

 

To answer your question maroondevo52, it is a company called optima legal who are threatening legal action if full payment is not made. I've heard nothing from Cabot.

 

as you suggest, i'll wait for a bit and see what happens, and i'll keep you posted :-)

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yes sit on your hands

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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send the Scottish sb letter

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Thanks dx,

 

I've downloaded the letter but I think I will wait a bit. However, I really am worried sick and don't know what to do!

 

i've gone over everything again and you'll see from my posts here i wrote to the bank in Oct 2008 asking for a copy of the CCA

and again in Dec 2008 etc (see my posts at #55, #62 & #74), as suggested here.

 

Will any of these letters have a bearing on the date the debt is statute barred?

 

I'm just concerned that if I write to them and the debt is not statute barred the clock will start ticking again.

 

The default date is July 2008

but the bank only withdrew their court action in June 2009 after I complained to the Ombudsman about them taking legal action

when the account was in dispute (they never produced a CCA and as such the account was in dispute),

can i be sure the debt is statute barred?

 

I'm sorry for going on and on but it's making me ill

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sending official requests like a CCA, SAR,SB letter etc

 

DOES NOT reset the SB date

 

neither does a withdrawn court case.

it is as if it never happened.

 

stop worrying and get on with it.

 

its for THEM to PROVE the debt is NOT SB'd

 

not for YOU to prove it IS.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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