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    • pdf's merged and properly named. thread title updated. word fine replaced by charge in post one....they are not fines mere speculative invoices. just type no need to keep hitting quote.   dx  
    • Nice work dx, much what I thought and glad to have it confirmed by the expert. Radio silence remains my game plan, I have been resident in Scotland since birth and although I had moved a couple of years prior to defaulting, all addresses were updated and I am confident all begging letters are coming to my current home address. I appreciate the info that they probably wouldn't get a claim in by Aug anyway - I think I'll hunt out my big box of badness in the next few days just to see if I can find any default notice letters so I can pin down some dates to satisfy my semi-OCD. Much obliged, and unlike some others i will look to update in the future as I certainly intend to send them the SB letter as I like to pull the chains of these types of cretins! Of course i'll be back to confirm the correct procedure if I get any "proper" legal letters other than the usual Overdales toilet paper type of scare tactic.  
    • 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.  
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DR+, then Zenith, now TLT solicitor letter?- Scotland


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Have received 4 letters from DR+,

 

last letter was the debt had been passed on to Zenith Recovery

offering 'reduced payment of £80'.

 

Just received a letter from TLT Solicitors-

'Should our client not receive full payment from you within 14 days

we will recommend that they issue proceeding against you

and obtain a Sheriff Court Decree which will incur further costs.' etc.

 

How should I proceed from here?

What does this mean?

Is this just like the DR+ letters and is just trying to scare me?

 

Interestingly this letter is telling me to pay DR+,

but I just got a letter saying I was now to pay Zenith previous to this TLT letter.

 

Cheers for any help!

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no such thing as speculative invoices anywhere

esp in Scotland

 

totally ignore

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Don't worry yourself too much Zenith is a trading title of Debt Recovery Plus. Its not uncommon to find the same signature - pen squiggle - on letters from DR+ and Zenith but showing different names.

 

Don't be too phased by the threat to obtain a decree. Firstly, no private parking company yet has displayed the cajones to take their case to court north of the border and based on previous experience despite the involvement of TLT the chances of one doing so are somewhere between slim and zero. Secondly, the process of "obtaining a degree" is not quite the simple rubber stamping that the letter implies - there would have to be a hearing if you defended the matter. Thirdly, this all assumes that the PPC could show that the case had arisen in the jurisdiction (you haven't made it clear whether the "parking event" occurred north or south of the border).

 

Remember that debt collectors only ever make money if they persuade you to pay up so their letters are always couched in strident, aggressive tones - and that includes those that come from solicitors. DCA's often work together (each sending letters, one after the other) in an effort to increase the pressure on the recipients but at the end of the day all that they can actually do is to ask you to pay - even if it looks like they are threatening you with all manner of gloom and doom.

 

HTH

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The alleged event did occur in Scotland. Cheers very much- I thought as much but the legal sounding letter had me a bit nervous- so I suppose it did what they wanted! Any idea if there is a pattern to these letters- are they likely to eventually give in and stop wasting paper?

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I agree fully with Old Snowy on this one, for years I have tried to get a number of these companies into a Scottish Court without success, at one stage DR+ wrongly implied on their website that they had succeeded in Scottish courts. This information was removed and it now states that we may recommend that our client apply for Decree. (To date this has never happened) You do of course know that you are under no obligation to name the driver in Scotland, therefore any correspondence should include the following statement.

The registered keeper/owner of a vehicle is under no obligation to provide details of the driver or any other information to a commercial company of no legal status whatsoever. (Scottish Juridiction)

Transferral to a debt collection agency and the threat of additional charges is also in my opinion questionable for the following reasons taken from the Office of Fair Trading Debt Collection Guidance.

 

2.6 Paragraph H.

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for money.

 

2.8 Paragraph A

Sending demands for payment to an individual when it is uncertain that they are the debtor in question.

2.8 Paragraph J

Requiring an individual to supply information to prove they are not the debtor in question.

2.10 Paragraph B

Misleading debtors into believing that they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision. .

 

Don't give in to begging letters

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Who do TLT say they are representing, DRP/Zenith or the original issuer?

 

The letter reads 'Creditor: UK Parking Control Ltd' and also says 'We act for Debt Recovery Plus Ltd., the debt recovery agents for the above creditor, instructed to recover the under noted parking charge(s).'

 

On the 25/11/13 Zenith wrote saying 'As of the date of this letter all communication and payments in respect of any amounts outstanding regarding to this charge should be made to ourselves.' Even if I did want to pay the 'charge', I don't know who I would be expected to pay!

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In Scotland, there is no such thing as trespass and any contractual matter raised by parking would be with the driver of the vehicle and since they have not indicated what evidence of a contract they have then they cannot pursue you as Registered Keeper for anything. Best just ignore them as the letters are just untrue waffle.

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