What should i do?? Help!! DCA / APEX / AIC

[clemma]

I thought the same, but I'm not entirely sure how BNPL works. I would assume the clock would start from the date of the first missed payment, so 2007. In 2013 it will be statute barred. Send Capquest the in dispute letter - after all you still haven't received the CCA you requested. They will threaten lots of things that they MAY do but it's highly unlikely they'll do any of them. You'll just receive lots of letters until they get bored and sell it on to the next DCA.

[mathmagician]

The OP is in Scotland though so it will go SB in 2012, potentially could have gone so in 2011 if the debt was effectively never acknowledged from 2006. Therefore I think these timings are really crucial to get right.

[orange78]

Hey,

 

Thank you for the thoughts everyone, I have been away past couple of weeks so not had a chance to look into until this week . I found this on a debt watchdog website :

 

 

 

"What is a statute barred debt?

 

Statute barred debts are debts which cannot be legally enforced. The Prescription and Limitation (Scotland) Act 1973, Section 6 limits the timescale which a creditor can take legal action to recover their money to 5 years, provided the following conditions are met:-

 

There are no outstanding decrees against you, AND

No payments have been made towards the debt for the last 5 years, AND

No written communications with the creditors have taken place acknowledging the debt."

 

 

...........Now I am not sure what decrees means ? And I would assume since I have been asking for ccas from Apex etc before that this would class as written communication with creditors acknowledging? Not too sure on the rules with this one .

 

Also was going to send a "in dispute" letter but thought maybe i should waste a bit of their time , as since I have moved house and they keep sending these letters to my old address where i stayed with my family - do you think it would be a good idea to return the letters stating i do not live there - which is true? Dont know how they get addresses - they may be able to get my new address just as easily - not too sure of the methods they have for getting details on people .....

 

 

Cheers

[clemma]

Writing to them does not acknowledge the debt unless you specifically state that. Asking them to prove it etc is not acknowledgement. As for the decrees...after a quick google I think it is the Scottish version of a CCJ.

 

....."Scottish Decree

Money judgments issued in Scotland are referred to as decrees and are issued through the Sheriff's Courts. They are the Scottish equivalent to England’s and Wales’ money judgments which are issued in the county courts; county court judgements (CCJs).

 

Details of Scottish Decrees are supplied by the Sheriff’s Courts to The Registry Trust. The Registry Trust maintain a public register (by agreement with the Scottish Courts Service) containing all Small Claims and Summary Cause money decrees entered in the Sheriff’s Courts during the preceding six years. The Registry Trust notifies the credit reference agencies of all decrees, recalls and dismissals on a regular basis and they update your files accordingly.

 

A Scottish decree, like a CCJ, will remain on your credit file for 6 years from the original judgment date, whether the balance has been paid or not, and are very damaging to your credit score. Once a decree has been paid it should show as satisfied on your credit files. If a decree has been issued in error it can be ‘set aside’ and evidence of it completely removed from your files. If you have a query about your Scottish decree you should contact the issuing Sheriff's Court as only they can advise on court matters."

[orange78]

Thanks for quick response! , Yeah i have only written to them asking for ccas, so hopefully that would not count .

 

I guess I need to find out when that 5 years started . The item i purchased that this debt is from was on the 1/4/2006 - so i was due to start paying on buy now pay later a year later - 1/4/2007 - so 5 years would be 1/4/2012 ? Not too sure if this applies with buy now pay later?

 

 

If it did and the deadline is only a few months away - does anyone think i should return the letters saying i do not live at the address they are posting them too - to bide time? As i am only getting these letters as i am picking up the post from my last address

 

Thanks again

[clemma]

Personally I would just bide your time. They will be well aware that it is nearing SB status (to be absolutely sure of statute barred I would wait until the 1st April). You could send the dispute letter if you wanted, give them something to do (or ignore). The choice is yours.

[orange78]

Thanks , I think I will send them the In dispute letter and leave them to it ........ am i right in thinking that the cca letters i sent in the past to 2 different dca's - apex and aic , that this current dca is in breach because i have still not received what i have requested from the others ?

[clemma]

It's still the original DCA in breach and that goes in the letter (see below). It's up to the new batch of scumbags as to whether they want to persue an in dispute alleged debt.

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

 

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[orange78]

Thanks for that , I think i best give them my new address , I still have visions of them turning up on my Mother in laws door at my old address !

[clemma]

I would lay my life down, my OH's life down and any one else's life down that they will not show up at the door. It's all waffle intended to intimidate. Full of "may do this", "might do that" and "could do this if we could be bothered" . Worry not. But yes, give them your new address then at least they'll be sending you spare toilet roll. After you've sent the dispute letter (recorded delivery, PRINT don't sign) then just proceed to ignore everything that comes through the door. On the 1st April, send them the Statute Barred letter. Have fun

[orange78]

Thank you Muchly !

[orange78]

Hi,

 

Thought I would reply here as it has the whole story from the start .... I have been getting letters from DC's every so often . To be honest I have been not reading them as I though whats the point - i am pretty sure its statute barred anyway - let them write! However I did open the last one and I am quite worried now ! Its from PastDue and it says :

 

NOTICE OF IMPENDING ACTION

 

You have still not paid off the above debt. Unfortunately this means we may have to recommend to our client that they should issue a claim against you in court.

 

WHat this means should the claim be successful

 

* you may owe more as the amount may then include legal costs and /or interest

*you may have difficulty obtaining credit, a loan or a mortgage in the future

 

Blah blah

 

Then goes on about ways to pay them . I had not written them the statute barred letter as I thought maybe they would back off after the dates !

 

Not sure what to do now though - first letter I have had thats mentioned court and I am worried !!

[dx100uk]

std threat-o-gram

 

read it properly

 

if. might, should, instructed, impending , may, could.

 

does not say WILL.

 

dx

[gust]

Similar position here, lowlifes failed cca, still get threat o grams, then give up and get robbersons way to chase me. Told robbersons way and they gave up after 2 letter and passed it back to lowlifes. This has been since 2008 and not once have they knocked my door. If any dca starts phoning you send the stop phone calls letter in the libray and they must delete your number.