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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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Dog on lead bit another dog not on a lead


Brian2009
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My wife took our Labrador out for a walk on the beach. He was on his lead. Another dog came towards my wife, and because my wife was walking on seaweed she slipped when he pulled. She did not let go of the lead. The two dogs had a coming together, which resulted in the other dog getting bitten. The owner has now present me with a bill. While I agree that my dog was the cause of the injury, he was at all time on the end of short lead (3 foot long) which my wife still had hold of, whilst the other dog was running free. Why should I be responsible for the other owner not having his dog under control?

How do I respond to his bill?

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If your dog bit the other, it makes no odds that it was on a lead. Under control means on a leash and muzzled.

 

 

What injuries did the other dog sustain? Is there any proof?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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The proof is only the vets bill. If one takes your version of Under control as being on a lead and muzzled, why do the police or dog wardens not take action against every dog owner who fails to muzzle their dog? And why is a dog on a lead not considered more 'under control' than one running free?

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If a dog bites another dog , then by definition it was not under control. Im a dog owner myself and the only reason I don't use a muzzle is because my collie is only a year old and was brought up both before and after I rescued it, around kids and plenty of other dogs so he knows how to behave.

 

The bad part about your predicament is that because your dog did bite another then it would be considered 'not under the owners control'.

 

Imagine if your dog had bitten a person, you could be looking at losing your dog.

 

 

Can I ask a question?

 

What was the other dog doing to cause your dog to attack? Im thinking you could use mitigating circumstances and come to a compromise.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Check on the local legislation and whether the dog should have been on a lead. If so, tell the other owner to take a hike. Your dog was under control and the other dog was not and probably was the instigator. If the other dog had been on a lead, the incident would not have happened.

If it was our dog which was on a lead regardless or not whether there is legislation there is no ways we would pay because as far as we are concerned our dog was under control and defending itself.

If it was a human and the human got bitten, then the human would be at fault as they should not have approached a strange dog without the owner's permission and tried to pet it or similar!

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Renegadeimp

The other dog came to sniff bits, I suspect, but as my wife was on the ground, having slipped on wet seaweed, possibly our dog went into protection mode.

 

Having spoken to the local police dog handler, his view was, 'Your dog on lead, other dog loose, responsibility for control lies with other dog owner, therefore they will be very lucky to get judgement in Small claims court.'

 

Happy to compromise, I pays for cleaning wifes clothes because of smelly seaweed, and compensation for loss of dignity, and he pays his own vets bill, and puts his dog on a lead if it will not obey his commands!

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Ahh gotcha brian. The problem you will have now is actually proving it. It doesnt matter what the police officer thinks, in court it is the evidence that is presented before the judge. I would suggest some kind of mediation and see how that goes. If you are willing to try mediation ( means you accept partial fault, but not complete and still want to find a favourable outcome) then courts look more favourably on it as it is achieved without a CCJ etc.

 

Can i ask what type of dogs were involved?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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problem is the animals act of 1971 is a bit vague as to what is "damage" and forseeable. The damage in that legislation is for dogs biting humans, not other dogs and that seems to recognise that dogs do bite so it is down to what is forseeable. Is the breed of the dog classified as dangerous? does the dog have a history of biting? Is the use of a lead properly "restraint"? Now, the last bit is really the nub of the matter as it can be argued that any action that allows a dog to bite anything is not proper restraint so the liklihood of a court deciding one way or the other is akin to tossing a coin.

A judge may well decide that dogs biting other dogs is outside the legislation so without previous history there is no case to answer or they may decide that you fall foul of the restraint bit that catches just about any situation if interpreted that way.

Do you have leagl cover on your house/pet insurance? Be worth checking out before taking a decision to pay or defend. Personally I would suggest that the owner of the bitten dog has the most to lose by going to court so perhaps an offer of 50% of the bill without accepting liability might end the matter.

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Was the other dog aggressive in anyway or just coming to say 'hello' ?

If your dog was defending itself then, then they should pay their own vets bill.

However IMHO if their was no aggression by the other dog and just being a dog, then you should pay, irrespective of any other circumstances.

If as you say your dogs behaviour was caused by your wife slipping over, then why should the other owner have to pay for that ( cause and effect ). just one of those things that happen.

I don't think any body will label your dog as aggressive because of this.

Agree with ericsb and maybe offer 50%.

Seen it all before a dog comes up to have a 'sniff' ( on or off the lead ) all ok for a few seconds then one has a go and bites the other! aggression! so the aggressor should pay.

Just because a dog is on a lead does not ensure control.

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