Debts in England can they persue me in Scotland.

[clooboo78]

Hi all,

 

I have been reading this with interest and also need some advice. I live in Scotland.

 

I recently received a letter sent to my mothers address chasing me for debt I owe to a bank and a credit card. These debts were ran up in England in the early Noughties - and I THINK I was defaulted or perhaps CCJ'd for both back in 2003 or 2004. However this is me going by memory and I do not think I hold any of the original paperwork from back when I started to get into trouble. When I checked my credit report there was no note of either the Credit Card OR bank I owe on it. My credit report only shows an active catalogue account and another active bank account and I think it is through these 2 forms of credit that they have caught me.

 

This company do not know my real address as I was using my mothers address (with her full knowledge) for catalogue purchases and as my other bank acct is registered to that address and I have topped my mobile up a few times, they are now trying to pursue me for 2 debts unrelated to either the catalogue OR the bank.

 

My questions are as follows:

 

Can they pursue me for these 2 debts at this address just because they have spotted me paying another creditor and my phone via this address?

 

If I shut down BOTH the bank account (I have another, not connected to that address) and also the catalogue account, can they still pursue me, if I shut off all means of contact or connection to that address?

 

Will this action blacklist my parents?

 

Can they send bailiffs to my parent's address if I do not live there and thus have no assets attached there (I have none anyways)?

 

Can they arrest my wages? My other bank account is not connected to my parents address.

 

If this debt was ran up in England, can they still pursue me through Scottish law and Scottish courts??

 

Finally can I get away with sending them the letters I have seen on this thread even if I am unsure of the date of when the last payment/ contact was made?

 

Any help would be greatly appreciated and if you need clarification on anything then give me a holler.

 

thanks in advance

[maroondevo52]

Hello and Welcome,

 

I've started a new thread for you.

 

Regards.

 

Scott.

[bluedogx]

Yes they can pursue you in Scotland. It's what they can do about it that's different.

Sounds like the debt is prescribed if your dates are right - not only is it statute barred, it has been extinguished (5years in Scotland)

In order for sheriff officers (no bailiffs up here) to turn up at your door the creditor has to have taken action to be able to enforce the debt in Scotland. Having a ccj is not enough.

Anyway, the only contact you should make is to tell them that the debt has prescribed. They then have to prove it if it's not.

Get help with the wording from local cab as it's important not to acknowledge the debt (just in case your dates are wrong).

[clooboo78]

Thanks for starting a new thread for me Scott and thanks for the speedy reply bluedogx ...I have a further question, what do you mean by the debt being prescribed???

 

kind regards C

[bluedogx]

It means the debt is no longer there. At all. Prescription and limitations Scotland act (1973 I think). Creditors keep trying because in England I think they can ask you for money but not take court action if a debt is statute barred. They just don't bother to check scots law.

[bluedogx]

That's if it hasn't been acknowledged or court action taken in a five year period

[OnMyWayOut]

Does it matter that on the agreement it may say 'governed by English Law' or words to that effect? If so, does it count the other way round, that an agreement based on Scottish Law has a five year limit?

[clooboo78]

Hi maroondevo52,

 

The bank is HBOS PLC but was Bank of Scotland back in 2001/02 when I was a student and the other debt is for Egg Credit card taken out down in England in 2002/03 (possibly earlier as I think thats when I defaulted back, rather than opened the account). Again a lot of this is going by memory.....

 

The debt collecting agency is Lowell Portfolio I Ltd, based in Leeds. I'm going to the C.A.B tonight for further advice but was wondering if they are able to advise me properly on this, as are they not legally bound to tell me to pay and help me with a payment plan?? An option I do not want to take as I do not want to be back on the radar of these companies as your treated like **** and they prey on your lack of knowledge of the law and fear to get you to pay......

 

The financial industry messed up this economy and were all too keen to dish the dough out to all us students when times were booming - now its bust and they have the cheek to try and pursue us all when they sat back and left us alone for years, whilst reaping the fat-cat payouts and bonuses.....Rant Over !

 

Yours in silent protest... C

[cerberusalert]

Send Lowell this; http://www.consumeractiongroup.co.uk/forum/content.php?424-Statute-Barred-Letter-SCOTLAND

 

The onus is then on them to prove otherwise.

[bluedogx]

Does it matter that on the agreement it may say 'governed by English Law' or words to that effect? If so, does it count the other way round, that an agreement based on Scottish Law has a five year limit?

 

No. Debt collection has to be carried out according to scots law if you live in Scotland and English law if you live in England. Doesn't matter if the agreement says governed by English law. I know what our local sheriffs would say to that one !!!

[OnMyWayOut]

Thanks, I'd often wondered how it worked.

[cerberusalert]

It'll be another a/c Lowells paid peanuts for, a portfolio of Statute Barred debts. The problem is even if one in ten of their victims paid up they'd be in profit.

[maroondevo52]

Hi all,

 

I have been reading this with interest and also need some advice. I live in Scotland.

 

I recently received a letter sent to my mothers address chasing me for debt I owe to a bank and a credit card. These debts were ran up in England in the early Noughties - and I THINK I was defaulted or perhaps CCJ'd for both back in 2003 or 2004. However this is me going by memory and I do not think I hold any of the original paperwork from back when I started to get into trouble. When I checked my credit report there was no note of either the Credit Card OR bank I owe on it. My credit report only shows an active catalogue account and another active bank account and I think it is through these 2 forms of credit that they have caught me.

 

As you are unsure regarding dates ect, I would tend to send the 'Prove it' letter, I would think as these debts were taken out whilst you were staying in England that English Law would apply regarding Statute Barring

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

 

 

This company do not know my real address as I was using my mothers address (with her full knowledge) for catalogue purchases and as my other bank acct is registered to that address and I have topped my mobile up a few times, they are now trying to pursue me for 2 debts unrelated to either the catalogue OR the bank.

 

My questions are as follows:

 

Can they pursue me for these 2 debts at this address just because they have spotted me paying another creditor and my phone via this address?

 

It's the only address they have, what address did you use when taking out these accounts

 

If I shut down BOTH the bank account (I have another, not connected to that address) and also the catalogue account, can they still pursue me, if I shut off all means of contact or connection to that address?

 

Would'nt make any odds in my opinion.

 

Will this action blacklist my parents?

 

No, I would'nt think so.

 

Can they send bailiffs to my parent's address if I do not live there and thus have no assets attached there (I have none anyways)?

 

Can they arrest my wages? My other bank account is not connected to my parents address.

 

They would first have to obtain a 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, CCJ's

 

If this debt was ran up in England, can they still pursue me through Scottish law and Scottish courts??

 

They would have to, if they issued a court claim from a English Court and you are domiciled in Scotland (e.g. Scotland is your usual home) and entered into the contract as a consumer then the action will be incompetent, upon the grounds that the County Court does not have legal jurisdiction to hear the case.

 

Finally can I get away with sending them the letters I have seen on this thread even if I am unsure of the date of when the last payment/ contact was made?

 

You would have to send a Subject Access Request to the origional creditor

 

Any help would be greatly appreciated and if you need clarification on anything then give me a holler.

 

thanks in advance

 

Regards.

 

Scott.

[bluedogx]

Hi clooboo

 

CAB is not duty bound to get you to pay. They should be checking prescription etc. My only worry is the ccj. Did you definitely have one registered to you? For both debts? And were you living in England at the time? The fact that nothing is on your credit report means that it could be worth a prescriptions letter anyway. They would have to register the decree in Scotland then serve you with a charge for payment before doing anything - assuming the ccj gives them the right to pursue longer.

[cerberusalert]

If a CCJ is older than six years they would have to apply to a court for permission to pursue and this is rarely if ever given.

[clooboo78]

Hi Scott,

 

Could you further explain a Subject Access Request - I think I know what it means. Is it me asking for the last correspondence from them before the debt was passed on?? If I did this would it adversely affect me in that the debt collectors would now be able to keep chasing me.

 

thanks again

[clooboo78]

and to bluedogx

 

I think the ccj was served in England after I left and I only actually spotted that on my credit file way after I'd left England and am actually unaware what it is for.

 

in terms of wages arrestment, decree or ccj's (apologies if im getting the terminology wrong) - would they have to give me fair warning, with the right to reply before continuing down this path?? I'm worried in case they have the power to go ahead and arrest any wages without my knowledge and I only see it when I get a short paycheck one month.......

 

See, the fear is beginning to work on me now......

[harrassed senior]

I can understand your anxiety, but it really is best to take one step at a time. Follow the advice already given, and come back at each stage for further help and advise.

[bluedogx]

Cerebrualert says that permission to pursue a ccj over 6 years old is rarely given.

So - IF they get permission they still have to register a decree in Scotland and then serve you with a charge for payment before they do anything. Ask cab to send a prescriptions letter. They have to prove it hasn't prescribed.

I doubt if anything else will happen.

[cerberusalert]

Cerebrualert says that permission to pursue a ccj over 6 years old is rarely given.

So - IF they get permission they still have to register a decree in Scotland and then serve you with a charge for payment before they do anything. Ask cab to send a prescriptions letter. They have to prove it hasn't prescribed.

I doubt if anything else will happen.

It's in post #9

[clooboo78]

C.A.B advised me 2 things - 1) sending any letter acknowledges the debt but they were willing to send the prescription letter on my behalf, and in addition, when we were discussing it, I recalled more info such as one of the debts is from 2001/ 02 and the other from 2003/ 04 - surely this is time barred now and Lowells are just after a profit??

 

and

 

2) Continue to ignore, until such times they escalate proceedings, then go back and see them

 

I was not advised which way to go, I was just given the options and the possible outcomes. Im going to close both the catalogue and bank account connected to that address but keep an eye on things to see where I can go next.....all in all - they will have to give me fair warning of any escalation and I will have a time limit to respond......plus one debt was with Bank of Scotland which is now HBOS - does that not count for something? The fact my debt is with an 'old' bank (apologies for the oversimplification but you know what I mean)

[bluedogx]

1. A prescription letter does not acknowledge the debt. It tells them that the debt has prescribed and invites the creditor to prove otherwise.

 

2. A debt with bank of Scotland is still a debt to HBOS.

 

Wait for a reply, if any, to letter. If they don't reply they'll have closed their file.

[clooboo78]

Thanks all for your help. ok update:

 

I didn't send the prescription letter on the advice of the CAB as they said it was acknowledging the debt, now a week later they have escalated their letters and have passed my debt onto ANOTHER company (also based in Leeds) called Red Debt Collection Services and they're stating they are specialists in assessing accounts for litigation and they will be obtaining a copy of my credit file to review my circumstances.

 

They're threatening legal action - even though I'm in Scotland and are saying they may apply to the Sherrifs Court for a decree and if successful they will apply to secure the debt against my property - I rent privately so I know they're screwed there - or they will deduct straight from my wages or instruct a sheriff to remove good from my house. Alternatively, instead of a decree, if my account meets "certain criteria", serve a statutory demand upon me where I do not then repay petition for my sequestration and if I was made bankrupt, I could lose rights in relation to property....what does this last part mean?? What tactics are they trying to pull here? I have also just received a call from my mother stating that they have called her house, with a recorded message saying that she was to push "1" to listen to a message and it stated that they were looking for me and I was to call a tel no urgently today.

 

I am going to the CAB again tonight and I was wondering if I should just send away that prescription letter to them in the meantime? They are intimidating me and my family now and I am so fkn angry at their ****ty tactics - I will go to court and lock horns with these b@stards if I have to and these debts are over 10 fkn years old..

 

Please help me

[bluedogx]

"I didn't send the prescription letter on the advice of the CAB as they said it was acknowledging the debt"

 

A properly worded letter will not acknowledge the debt. Have a look on the templates here or Govan law centre web site to get a prescriptions letter.

 

Property - don't worry about this if youre renting but check your tenancy agreement. Never heard of anyone being evicted if rent arrears are not included in s bankruptcy though.

 

Send the prescriptions letter. They should not escalate recovery action unless they can prove the debt is still 'live'.

 

B