Jump to content

  • Tweets

  • Posts

    • 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. 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.


      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

creditor threat to use insolvency act

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4986 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts


I have received a letter today for my creditor stating that if i did not pay the £861 they will use the insolvency act to recover the money. The debt is for electrical equipment paid for in installments. can you advise me if the credit act applies to this debt, should i have received a default notice etc. Can they use the insolvency act for this amount?

Link to post
Share on other sites

You mention electrical equipment paid in installments...is there any kind of written agreement ? Also they can only use the insolvency act if the amount you owe is OVER £750, it might be a wise move to get the figure under the £750 mark...

Link to post
Share on other sites


They can issue a statutary demand if the sum owned is more than £750. If you have not paid the sum, or apllied to have the demand set aside, within 21 days they could oetition for your bankrupcy.

If you can pay them the difference of £111 they cannnot issue a statutary demand in which case they cannot petition for your bankrupcy.

Bear in mind that it will cost them £1,000- £1,500 if they do try to bankrupt you and they will be at the end of the line when any assets are divided. HMRC come first, then any secured creditors such as a mortgage and possibly a secured bank overdraft. They could spend a lot to get 1p in the £.

I would try to pay the £111 if you can and then negotiate a payment plan for the balance.

Link to post
Share on other sites

There was no agreement, just to pay an interest free installment for 5 months. I offered to return the goos when i could not pay for them but the retailer refused. What if i bring the debt below £750 and they add interest to bring it back uip again. I cannot afford to pay a monthly installment plan because i haven't enough left to pay my creditors at the end of each month. My debts are over £140k so am having to prioritize at the moment. i will have to check but the original debt was about £600 so £200+ is made up of charges, i will have to check to make sure on this.

I could gather the £110 as a last resort to prevent them issuing a SD. What if i offer to pay the £110 but they refuse to accept it, where do i stand if this happens, do i just pay it to them anyway?

Link to post
Share on other sites

Good morning,

If the debt was £600 and the balance is made up of interest and penalty charges which have been applied unlawfully ( you say there is no contract) then your reason to set the SD aside would be that the debt was below the £750 threshold.


If you owe £140,000 and cannot meet your monthly obligations I would be inclined to write to the creditor outlining your financial position and offering a full and final settlement figure that you can afford.


I don't know your full financial position, you may be asset rich but cash poor, however, as I have stated above it will cost the creditor well into 4 figures to petition for your bankrupcy and by the look of it they will not see a great return on their outlay.


Only you know your true position and CAG generally suggests you avoid bankrupcy however with your kind of debt I am sure that you must be under great pressure. I would suggest that it is something you should look at look at for your own wellbeing.


Martin g

Link to post
Share on other sites

Thanks for the reply, i want to avoid bankrupcy and save myself the sense of failure. I have no assets what so ever. I have not means to repay my debts in full. I have made some full and final payment offers to some creditors but never heard anything back from them. I can only assume the offer was too low for them. I have recently had another SD set aside successfully. I don't think it is in their interest to issue a statutory demand as they will not get anything at all, they are way down the list to get anything. Do you think it is worth writing to the DCA and telling them that making me bankrupt would not be in their interest.

Link to post
Share on other sites

Bankruptcy is still a dirty word, but nowhere as bad as it used to be. Although its still a bit of a bad stigma, most people who declare themselves, or indeed anyone who has been petitioned are usually relaesed from it within 12 months. this was introduced under The Enterprise Act 2002 I believe.


If you have a genuine consience and truly want to pay your debts, then why not go into an IVA. this will last for six years and once youve made the arrangement with the IVA Practitioner, youll only have to pay what you can afford. Its on your credit file for 6 years, but so is everything else, like defaults, CCJ's, the lot.


If as you say youve got no assets, then the liklihood that anyone will chace you with diligence is unlikely. No one in thier right mind will petition you considering what it costs them aganist what they are going to get out of you. If you got debts of 140k, you could pay 25% of that over 6 years. Thats just under 6k per annum.


As you have no assets, you are in a position of control. Just say to them, well look this is what Ive got, this is all you're getting - end of. If they dont like it well then tough, say petition me !! Dont tolerate crap from these bully boys, you have to take control of the reigns and make the rules.


SD's are abused in may ways, and to my knowledge the only creditors who will really go for Bankruptcy big time is Government depts like HMRC for example. They do it as a matter of principle, regardless of cost, just to eatch someone a lesson. Ive been told that by a friend of mine in HMRC Litigation.


The choice is yours to make, only you know the full extent of your problems.

Link to post
Share on other sites



I obviuously don't know you, however I really think that the sensible thing for you to do is to go bankrupt. I appreciate that this may make you feel a failure but many businessmen and women who are successful today have been bankrupt in the past, or have declared a business insolvent.

In the States venture capitalists have no problem with ppeople who have been bankrupt on the basis that we learn from our mistakes.

I would suggest that you phone the National Debt Helpline who are, I beleive, sensible, non judgemental and who will give you unbiased advice.


Martin g

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...