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statute barred? Debt company demanding payment in full! scared and need advice!

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I think they need reminding of where you live and I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished.

 

As in no such debt exists now.

dpick

 

 

 


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http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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that's great, thanks for the reply :) do you know of any templates I could use for i am utterly useless at writing letters for matters like this?

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Hi there, ok so I posted off the statute barred letter and I received a reply the other day, they sent me bank statements from January 2006 up to when the account must have been closed in September 2011. It clearly shows on the statements the last ever transaction on that account mas made for £2.72 on 8 July 2008. The had written a letter along with the statements they provided and said " As requested, please find enclosed a statement of your account detailing your transactions and you will note from the information provided that this accounst is not in fact statute barred as you have implied".

 

I was under the impression that they would have had to provide information on me acknowledging the debt within the last 5 years. Even thought it shows that the account was closed in september 2011 this wasnt by me asking for it to be closed as I have not been in contact with bank of scotland at all. What do I do next? Would really appreciate some advice!

 

Yes the "appropriate date" is the equivalent of the cause of action in the SOl it is defined as :

(4)The appropriate date in relation to an obligation to which this paragraph applies is the date on which payment for the goods last supplied, or, as the case may be, the services last rendered, became due

 

The sums under the OD did not become due until they were recalled ,when the account was terminated, there after the SOL clock would have been restarted upon acknowledgment, so the start date would have been when the account was closed.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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so does this mean that even though i've not made payments for this debt or acknowledged it in the last 5 years the time frame for the 5 years for it to be statue barred started again in september 2011?

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so does this mean that even though i've not made payments for this debt or acknowledged it in the last 5 years the time frame for the 5 years for it to be statue barred started again in september 2011?

 

It means that the cause of action did not occur until the creditor was legally entitled to recall the debt, this is when the agreement( overdraft was recalled), there after it would have been reset by an acknowledgment.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Dpicks advice is that should be followed!!


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Dpicks advice is that should be followed!!

 

Hello thought you had retired :)

 

Perhaps a letter to the creditor to ask why they consider the account not to be SB i think they will confirm the legal situation.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Dodgeball, it's the Prescription and Limitation (Scotland) Act 1973, not the Limitation Act 1980 the op's relying on, Scots Law states that the debt has been extinguished after five years with neither payment nor written acknowledgement.


 
 

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http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm28384.htm

 

 

 

Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 12th edition at Chapter4.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.


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does anyone know what would be best to put in a letter back to them?

 

Hi there, ok so I posted off the statute barred letter and I received a reply the other day, they sent me bank statements from January 2006 up to when the account must have been closed in September 2011. It clearly shows on the statements the last ever transaction on that account mas made for £2.72 on 8 July 2008. The had written a letter along with the statements they provided and said " As requested, please find enclosed a statement of your account detailing your transactions and you will note from the information provided that this accounst is not in fact statute barred as you have implied".

 

I was under the impression that they would have had to provide information on me acknowledging the debt within the last 5 years. Even thought it shows that the account was closed in september 2011 this wasnt by me asking for it to be closed as I have not been in contact with bank of scotland at all. What do I do next? Would really appreciate some advice!

 

They claim a payment of £2.72 was made in July 2008 in which case as you are in Scotland, the debt would appear to be SB at this time anyway. See post # 38.

 

When do you believe a last payment was made ? Is the sum of £2.72 the payment you were making previously ?

 

Do you recall making the payment they claim was made ? You can ask them how the payment was made and by whom, and to provide proof of this, by way of cheque details - postal order references = bank references.


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From above

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

The original limitation period commences on the contract termination. I think they will say that this is the case here.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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That has always been the case, DB. Has the OP actually acknowledged or made payment though. This is the question ?


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HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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That has always been the case, DB. Has the OP actually acknowledged or made payment though. This is the question ?

 

I think in this case what they are saying is that, yes the last payment in the account was in 2008, but the account was not closed until 2011 and this is when the SB period begins. Strictly speaking if this was the case they are correct.

 

Generally on here it is a moot point because agreements have been terminated and payment have been made after this, so the SB clock will start on the last missed payment, however in cases like this the account was still active(or so they say) for some time after the last payment.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Morning all

 

Now, slap me down if I am completely wrong about this but isn't there a difference between terminated and closed?

 

The account was closed in 2011 but the OD facility was withdrawn (I believe) a long time before. Once the OD becomes fully due, does that not mean the facility has been terminated??


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An Overdraft is cancelled once its recalled by way of the Notice served under Sections 76(1) and 98(1) of the CCA1974.......Default Notes or Termination Notices are not applicable.

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Morning all

 

Now, slap me down if I am completely wrong about this but isn't there a difference between terminated and closed?

 

The account was closed in 2011 but the OD facility was withdrawn (I believe) a long time before. Once the OD becomes fully due, does that not mean the facility has been terminated??

 

No not really the withdrawal of the ability to draw down credit is not the same as terminating the account, an overdraft can remain active long after you make a payment into it, unlike a repayment account like a credit card, there are no fixed periods of repayment, you may not use your overdrawn account for months and still find it is open, why wouldn't it be.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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An Overdraft is cancelled once its recalled by way of the Notice served under Sections 76(1) and 98(1) of the CCA1974.......Default Notes or Termination Notices are not applicable.

 

This is correct, if the overdraft is agreed drawing(tacit agreement) under the terms of the CA agreement it can be withdrawn and terminated by just issuing a notice under section 76.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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http://www.consumeractiongroup.co.uk/forum/showthread.php?407999-BMW-v-Hart-discussion-thread.

 

I have moved all the BMW v Hart posts to a dedicated discussion thread.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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