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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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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Ofcom announce new codes of practice from JAN 2011


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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Perhaps so, but the real story is rather than start immediately, there is a further 6 months before consumer can benefit. Secondly, this only affects fixed network providers (not mobile/wireless). This is unusual, as there are supposedly more mobile conenctions than fixed, so why concentrate on the least important? It would have made sense (in view of the timeframe) to offer complaints resolution across all providers, irrespective of technology.

 

Better than nothing, perhaps - but the reality is mobile users will still have at least another year (at best) before wireless joins the party.

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Ofcom are requiring that the mobile industry introduce several changes in the way that they do things, changes which by and large the operators oppose. The fixed line industry has already implemented these measures previously as they have been ordered to do so by Ofcom as part of a seperate programme, so the fixed line operators have computer systems in place to meet the requirements the code places on them, also all of their staff have been trained in how to use these systems. The mobile operators have not had a chance to do any of this.

 

The operators have to have some lead time to implement these changes, if Ofcom announced that the changes were to take effect immediatley, the operators would scream bloody murder and quite rightly so.

 

As it is the mobile network operators are going to have to crash develop IT systems or make substantial amendments to their existing systems to cope with Ofcom's new rules, along with retraining all of their customer service staff in how to use these systems and what the new code means to their business.

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Yes agree.

The mobile markets tend to toe the line at the last minute.

If they have been given xxx date to comply,then there is no reason for them to comply earlier than they have to.

We saw the same with their lowering of European call and sms.

At least this is a push in the right direction.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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You overlook the point being made - they've concentrated on the easiest part of the process, AND given it a massive lead time. There is nothing preventingf OFCOm putting the network operators on notice NOW for changes to be made in 2011, but there has been none. Not a dicky.

 

As for 'implementing changes' the bulk of these are simply enforced policy changes - what software is required to do that? Anything else can be implemented afer-the-event. There could also be a moratorium on full implementation if certain firmsa are unable to comply and could seek a delay if they could justify it. What you describe is what will happen, a last-minute enforcement, not because they cannot do it earlier but because there is no requirement for them to do so.

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"What you describe is what will happen, a last-minute enforcement, not because they cannot do it earlier but because there is no requirement for them to do so."

 

Yes I know-thats why I said it.

I am not privvy to knowing or understanding the inns and outs of the decisions behind OFCOMs announcement in allowing the mobile markets more time to comply.

 

If you know those answers then lets hear them ..........

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Besides the fact that they are a toothless quango? :lol:

 

 

Am I right in saying all this does is tell the telecoms companies to inform customers what rights they have for complaining, and give the complaints bit from the Code of practice on a bill rather than the customer requesting their complaints procedure? I don't see what major overhaul of systems this will add as by rights they should be trained to send out a copy of the "code of practice" if requested anyway. I wonder if the telecoms companies are going to charge more for a paper bill now with it needing the extra paper for the "relevant dispute resolution service" to be printed on :roll:

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The Mobile network operators need to be able to assess whether each of the millions of telephone calls and tens of thousands of letters/emails they receive each month are an either express or implied complaint.

They then need to track whether or not that complaint is resolved, if it is the subject of a repeat complaint which is also not resolved, so if any customer contacts an operator twice or more, after eight weeks if the complaint is not resolved they then need to write to customers to explain their rights regarding ADR.

The networks need to get MUCH better at tracking complaints along with their route causes, keeping a record of outcomes and assessing whether or not each unresolved repeat complaint is eligible for arbitration.

Ofcom reckons that 3 million complaints go unresolved, I think that's probably low, from memory Ofcom's requirements from this report run to 20 or 30 pages of A4 text requiring operators make changes to basically every aspect of their complaint handling process. I agree that the lead time is long, I didn't think the ADR stuff had a 12 month lead time I thought that it all had to be done within six months.

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