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    • hi   Thank you for your reply.   nice link . thank you very much.   I know I will get my refund. it has been offered. I have been told I am right about the situation. It does seem like this is in debate but this was clarified a long time ago.   Do you think I would be wasting my time to try and stop it happening to others?   I just would not want this happing to anyone else.   Thank you again                
    • Just ask for the refund you appear to be entitled to.  They'll either pay it or they'll explain to you why they won't.  Forget everything else.   Or you could try here:  https://www.railforums.co.uk/forums/disputes-prosecutions.152/
    • you stated :   "I would expect revenue officers are quite aware of the time of day they are manning barriers. i'd also go as far as to say they don't bother to do this in off peak times... as there would be little point, no loss of revenue to protect".     They were there when I should have had an off peak option, they did not give it me!! I asked for the lower fare. they refused!! And threatened a fine!! ( i did not know the jargon , that is true)  but "lower fare option "  should be o.k for them to understand.   When I say, to the effect, that there was a lower fare option listed on your computer before I left the station  Please can I have that as this higher fare seems far too much. Is there another option?   No.   I had full fare or a hefty fine options only.   you stated:   "your intended return was off-peak, but you didn't tell them.."   I asked for the lower fare, they refused. repeatedly. They had the option to charge the low fare but absolutely refused and threaten a fine.   I do not have to know any jargon.  I just said it was too much and there was a lower option before i departed and  why can't I have that? They said no and that I had to pay the high fare.   Which is untrue. They should have said that was o.k and gave any restrictions on the ticket!   you stated "this thread is getting boring and repetitive. "   You could help me and the many others  who may read this) who would like advice and offer suggestions of things to ask or mention with the complaint.   What would you say? How can I stop this from happening to others?   I have been told I was right by the staff at the station. So I know I am in the right.   Please can you be a bit more friendly and helpful?  Come on, lets try and do some good here.   I was hoping people might suggest some ideas.   Perhaps we can move onto the questions I should ask or things I should state regards my complaint. with time running out?  If not for me,  for other travellers, who will be going through this same ordeal if we do not help them.   kind regards.          
    • yes because 1000's of people believe a DCA is a bailiff and they are not and that penalty charges are lawful, they are not, so blindly cough up...   worth a few letters / free emails to try it on pays for the staff drinks down the pub that night with free money.   dx  
    • they have already 'outsourced' it ..........to a dca [crs - well that's harlands anyway] watchout for Zinc next.. but don't look at the bottom of the letter as you'll see its the same address again...}   forget about it go enjoy your life.    
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When is a debt Statute Barred in Scotland?

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Hello,

 

I'm looking for a bit of help or guidance please.

 

my brother got a letter today from cabot telling him that his cc debt has been passed on to Optima collections. He's at his wits end as he thought all this had 'gone away'.

He lost his job a few years ago (2008), through depression and marital break up, and asked the CC company to take reduced payments as he did not have much money coming in, they said no. Then he wrote and asked them to confirm they had a CCA and said the account was in dispute - they never replied and he assumed the lack of response meant they did not have one. He wrote to them again in Dec 2008 asking if they would take reduced payments as he did not want to 'shirk' the debt but still no answer.

They passed the debt on to cabot as they wrote to him last year but he simply ignored the letter. Anyhow he has received another today telling him it's been passed on to Optima and they will be in touch but he's worried sick that they will come to his door!

Can anyone tell me if there is anything he can do? is the debt statute barred now? he's made no payments since Aug 2008 and no contact since Dec 2008? Should he write and tell them the account is in dispute?

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Hi,

 

I very much doubt anyone will come to brothers door, if they did he could tell them where to go. In Scotland The Prescription and Limitation (Scotland) Act 1973 sets out the rules on how long a creditor has to take action against you for a debt.

 

If no payment or written acknowledgement has been made on the debt during a five year period, the debt is ‘extinguished, this means that it no longer exists and there is no debt for the creditor to pursue.

 

As you point out your brother has written to the Credit Card company trying to sort out some sort of payment plan, I would take this as the starting point for any Statute Barring timelines.

 

More than likely best to ignore them for now and see what they send next, by the end of the year I'd think you could then argue that the debts Statute Barred.

 

Let us know if your brother gets anymore letters.

 

Have you any idea how old the card is and if there was any PPI or charges.


 
 

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Thanks Maroondevo52 I'll let him see your comments and try and reassure him.

I've no idea how long he had the card but I'll try and find out although I suspect he won't want to do anything about PPI or charges or anything as I think he really did think it had 'gone away'.

He's decided not going to answer the door, or the phone too keep his stress levels down so all they could do is write to him

I'll keep you all posted!

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Optima Legal are merely mouthpieces for Cabot, (nothing to worry about) doorstep collectors are extremely rare these days. In the HIGHLY unlikely event that anyone does appear the second word is off.

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