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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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Advice please, can no longer pay


chrismk
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Hi all

 

Mine and my wifes financial situation has changed over the last few months, work hours have been cut and we are now in a situation where not everything can be paid.

 

My salary has near enough stayed the same but my wifes, being self employed has taken a dive. So now my salary covers all the household expenses and day to day costs.

 

Unfortunately there isnt enough money left to pay my debts. I have a personal loan with nationwide, a credit card with nationwide and a barclaycard. Also a small overdraft with nationwide. I cant pay any of these this month or for the foreseable future.

 

I bank with nationwide so to protect myself i have started using an account elsewhere, my question though is how to proceed? Should i wait for them to contact me or call and tell them I cant pay. Im preparing myself for the onslaught of endless telephone calls from them.

 

Thank you in advance for any advice

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Had a similar situation myself a few years ago, £70k and am almost now debt free. You can set up a payment plan with them yourself or use somebody like CCCS and they will agree an amount with you based on affordability and issue amounts out to all your creditors. This is all assuming you do not see a light at the end of the tunnel in the near future.

 

I had a cc with Nationwide, CCCS managed to stop the interest charges with them and then within 6mths I got a bit of money together and paid the a partial settlement of 25% of the outstanding balance ( if you can do this get letters confirming anything you do for records). Believe me its the best thing I ever did, fair enough I cant get credit at the moment but then hey ho I save up for things. I had 7 creditors and nationwide and barclaycard were 2 of them, I didnt get a default with either of them so just set up an affordable amount, even £1 a month if thats all you can afford but do something that way you are making an effort. Doing nothing will lead to all the phone calls but then dealing with someone like the CCCS or setting up a payment plan yourself will stop all calls. Barclays were the worst with me and set up a default straight away. Good luck

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Hi thanks for the comment and help, Its nice to know others are in a similar situation and even better to know this site is here to offer support and advice.

 

All of payments are due within the next 5-10 days so I think I will just wait for them to contact me, then I will write explaining the situation and offer what I can afford.

 

Can anyone offer some thoughts as to what is likely to happen?

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Hi

In my opinion, it's always better to be up front with your creditors. It shows that you are not ignoring your liabilities.

 

If you want to do this yourself, there are some template letters HERE to help with your negotiations.

You could check out CCCS

http://www.cccs.co.uk/

or payplan

http://www.payplan.com/

to see if they can help

 

It could also be useful to give national debtline a call

 

http://www.nationaldebtline.co.uk/

 

Remember that when you work out your income and expenditure, that you allow yourself spare cash for emergencies and to have a life

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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chris

and note that under the Lending Code for eg (which all these bankers subscribe to) ......they 'should consider reducing or stopping interest and charges when a customer evidences that they are in financial difficulties. Such reduction/suspension decision should be based upon an income and expenditure statement indicating that they are unable to make repayments sufficient to meet contractual terms. Where a customer is able to make only token payments, their debt should not increase as a result of interest and charges levied. The assessment should reflect the customer’s lack of ability to pay rather than the stage an account has reached in the arrears cycle or whether they are using free sources of debt advice. Where a firm declines to allow concessions, they should be prepared to explain why to the customer or their adviser if requested to do so.'

 

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  • 2 weeks later...

Hi All

 

Thanks for all the advice and help so far. I have now started to get letters about missed payments etc. The debts I can no longer pay are all now around 1 week overdue. I intend now to write to them all explaining my situation. I dont however no what to put. Should I at this stage just let them know I cant pay and ask there advice or should I make a token payment offer. Any advice on the best way to proceed is very much appreciated, I am getting text messages, phone calls etc inviting me to call them butt would rather do it all in writing.

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depends how you want to deal with matters?

when were the accounts taken out?

if you want to check the agreements, then could do a cca request for each account. see what they come back with. then post back. in the meantime make token payments.

or, could also inform them of your financial difficulties. in which case they must under the lending code be 'sympathetic' and act accordingly such as freezing/reducing interest perhaps with a repayment plan.

also request any communication in writing only. they should comply with this under the lending code.

you may be defaulted soon, so bear that in mind. in which case it may go to debt collection agencies. and there may be a default(s) on your credit files.

depending on your circumstances, consider some poss options for dealing with debts. for eg see here http://www.nationaldebtline.co.uk/england_wales/page.php?page=35_options_for_dealing_with_your_debts

also, have a read around cag including the blogs.

imo

Edited by Ford
typo
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Have a look in the library (top left) to give you some ideas of what to put in your letters.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Thanks for the replies so far. I think at this stage I will just write back to them explaining that I can no longer afford the repayments and see what they suggest. Is it worth at this stage sending a breakdown of my expenditure, or should I wait untill they ask for it?

 

Im not expecting them to play ball if im honest!! but I just cant pay it so will send a letter and see what they come back with. When they respond should I start a thread in the relevant sections. i.e Nationwide and Barclaycard or just continue this one.

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It is better to start a separate thread for each debt thereby getting more tailored help from people who have dealt with the relevant creditor.

 

When you write back, ask them if they will accept reduced payments and to stop all interest and charges.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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.....Is it worth at this stage sending a breakdown of my expenditure, or should I wait untill they ask for it?

 

........

 

up to you.

according to their lending code they would require some evidence of financial difficulty for them to consider freezing interest etc. this could be seen from recent payment history on the account. or, notification. such as a template budget sheet from for eg the CAB (available online). or could just do your own. or just do a letter. if they kick up, remind them of the code. note that, according to the code, token payments would justify a freeze of interest. etc

imo

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