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    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
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mop2009

Help please can anyone advise how long a debt can be pursued for in Scotland?

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Hi found this forum yesterday when trying to google the answer to my above question but to no avail,

The situation is as follows was a customer of RBS from childhood until aged 24 I had an overdraft and loan they persuaded me to get.

I was loyal and repayed weekly towards settlement I was in an accident and lost all mobility for 6 months and was on stat sick pay which halved my income or even less so the payments got smaller until feb 2003 when they decided to arrest my wages which were already miniscule and not enough to get by on. I was only allowed a third of my wages :( which didn't cover my bills asked to speak to the manager was denied this and they stuck to the claim they could seize my money as they saw fit to until settled. At this point I had to resign from my job and get incapacity benefit purely so i could get enough money from other means to survive on. I have no contact with them since and have moved addresses. Has anyone ever been in this situation? and anyone know how long the debts can be pursued for? also most likely a common question is there any bank I can use not affliated with rbs even as a savings account in guise of a current account help sick of having to hide and not having the means to access my own wages. I would have settled with them but their behaviour is disgusting to me and I will never give up to them. many thanks for your advice anyone who can :)

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Hello and Welcome, mop2009.

 

In Scotland, statute barred debts are governed by the Prescription and Limitation (Scotland) Act 1973 which states that the debt itself ceases to exist after five years providing that it has not been acknowledged and that no relevant claim against it has been made by the creditor.

 

*For clarification purposes, acknowledgement is either acknowledgement made in writing or a payment received against the debt. Once acknowledgement is received, this re-sets the limitation period.

 

Whilst the OFT accepts that the debt still exists, the OFT considers that it can be unfair to pursue the debt in the circumstances set out in their Debt Collection Guidance (section 2.13 and 2.14a and b), and it is the methods in which the debt is attempted to be collected that can cause concern to the OFT.

 

In essence, collection of statute barred accounts is a legitimate activity. However, if you have stated that you will not be paying a debt because it is statute barred, the collector of this debt should close the account and their records updated appropriately.

 

Regards.

 

Scott.


 
 

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

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Great news! thnaks very much your advice I had asked a few folk and the answers were not as good or detailed. great to know that the time limit has been passed with this in Feb it will be 7 years since this was incurred, Sad thing is I would never have had to do this if they had been reasonable with a payment plan, thanks so much for your advice. I have had no contact with them at all so should be good to go.Thanks again very gratefulM

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Thats the one I could'nt find :)

 

Thanks :)


 
 

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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Wee, sleeket, cowran, tim'rous beastie,

O, what panic's in thy breastie!

Thou need na start awa sae hasty,

Wi' bickering brattle!

I wad be laith to rin an' chase thee,

Wi' murd'ring pattle!

 

 

I'm truly sorry Man's dominion

Has broken Nature's social union,

An' justifies that ill opinion,

Which makes thee startle,

At me, thy poor, earth-born companion,

An' fellow-mortal!

 

 

 

 

 

 

 

I doubt na, whyles, but thou may thieve;

What then? poor beastie, thou maun live!

A daimen-icker in a thrave 'S a sma' request:

I'll get a blessin wi' the lave,

An' never miss't!

 

 

 

 

 

Thy wee-bit housie, too, in ruin!

It's silly wa's the win's are strewin!

An' naething, now, to big a new ane,

O' foggage green!

An' bleak December's winds ensuin,

Baith snell an' keen!

 

 

 

 

 

Thou saw the fields laid bare an' wast,

An' weary Winter comin fast,

An' cozie here, beneath the blast,

Thou thought to dwell,

Till crash! the cruel coulter past

Out thro' thy cell.

 

 

 

That wee-bit heap o' leaves an' stibble,

Has cost thee monie a weary nibble!

Now thou's turn'd out, for a' thy trouble,

But house or hald.

To thole the Winter's sleety dribble,

An' cranreuch cauld!

 

 

 

 

 

But Mousie, thou are no thy-lane,

In proving foresight may be vain:

The best laid schemes o' Mice an' Men,

Gang aft agley,

An' lea'e us nought but grief an' pain,

For promis'd joy!

 

 

 

Still, thou art blest, compar'd wi' me!

The present only toucheth thee:

But Och! I backward cast my e'e,

On prospects drear!

An' forward, tho' I canna see,

I guess an' fear!

 

(Robert Burns) :)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thats a lovely wee poem :) care to translate :p


 
 

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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Nah, doesn't scan too well in translation. :p


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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;)

 
 

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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Guest wino

Sorry to butt in not being Scottish but...

 

Mop2009 have they contacted you recently because if they have not then I would be inclined to say nothing to them. Don't write or phone. If they have then do send the letter as previously advised.

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Hi Wino thanks for the reply I moved from the address I was registered at in feb 2003 and have not spoke to them or any DCA's since or wrote to them A friend tipped me off to just ignore no matter what, Also lol at the poem above this timourous wee beastie is through the winter now hopefully! so will try in the new year to open a basic account as some seem not to have to credit check. Would you also advise just dont contact them and present the above letter if needed to only? this my thinking thanks for the input. Martin

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yes

 

ida x


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