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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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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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IS + DLA & Over 25 - Housing Benefit


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Hi, - case in hand - older sister who is now over the age of 25 and claims I.S and low rate DLA.

 

A few weeks ago we received our yearly rent statement (now changed to quarterly) and it shows us down in arrears by £740. Estranged I phoned up our landlord who told us that the rent has not been paid in full for the last year.

 

I phoned the housing benefit department and I was told that my older sister now has to pay £15 a week towards the rent because she receives I.S. I asked why and was told that it is due to her now being over the age of 25. (she is now 26.)

 

Is this really the case with people who receive I.S and reach the age of 25? It's the first time I have ever heard this. If not, who do I turn to for help?

 

Thanks!

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I was on IS and low rate DLA and i still got full HB. Im 52 single and live on my own. But it varies from person to person. They work out how much money u have coming in and if ur over a cerctain amount they will cut the HB u get. But they should of sent u a letter to tell u how much u will get. The only prob i had with HB was it got cut by £6 a week when my IS got stopped and only had DLA @£20 a week to live on. But they were happy to pay it all when i had IS and DLA. My council told me i get all my rent paid when im on IS and DLA but it will be cut even more if i claim JSA now i cant get IS or ESA anymore. That dont make sense to me as JSA is less money than IS/ESA/IB. I do know that all councils have put a cap on how much HB they will pay. That came in in april. How much its cut by varies from council to council. U need to go to ur local council HB dept and ask them how much they r paying u now and why it was not being paid at full rate before april. What might of happened is they overpaid u at some point and deducted a bit out of ur HB each month to pay it back. Also if ur IS went up or was more than a certain amount they will reduce HB as well. But they should of sent u letter to tell u before they cut any HB to u. My council told me a month before the DWP told me about my IS being stopped. But again it depends on the council. Some r better than others at letting claiments know whats going on. IE when i had a labour council they were very bad at letting me know. But when i had a tory council they were very helpful and told me 2 or 3 months in advance what they were doing with my benefits as well as DWP benefits. I was overpaid HB when i had a labour council. My old land lord carried on claiming my rent for 6 months after he kicked me out. I eneded up having to pay it back myself even though the landlord was committing fraud by claiming i was still there while he rented the place to someone else. It took me a yr to find out about it and ended up having pay it back @£15 a week over 2 years. Bloody landlord didnt even tell me he was kicking me out. He waited till i went out then changed the locks and kept all my stuff. Claiming i hadnt payed rent when HB was paying him direct. So in ur case it might be that u were overpaid at sometime and their just taking a bit back each month to pay it off. Only ur HB office can tell u why. Age doesnt come into it as under 25,s get less than over 25, in benefits. When my niece turned 25 her HB went up as did her JSA. She had to pay a topup of £5 a week on her rent but when she hit 25 they paid full rent. But that was before the rent cap got reduced in april.

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