Nolands for old cydesdale OD .court claim Need Help ** SCOTLAND **

[tactical]

Good day

I am hoping you can Help me.

 

I had an overdraft with the Clysdale Bank for £3000 many years back and

 

suddenly they took it off of me demanding I repay it at £200 a month

then decided to go £100.

 

Neither I could afford and I had no choice but ignor it .

 

They sold it on and on and on and at one stage I got offered a 50% discount. If only I had the money.

 

Its now owned by ME III Limited Marline House.

 

I think it may be over six years old now and I have never paid a penny to wards it.

 

I do remember we did ask the Clysdale Bank through a debt advisor

to give us time to sort all my debts but they just were one of the worceand as I remember refused.

 

I need some help and wondered how I find out if it is a Bared Debt.

 

I have read stuff on here but all beyond me.

 

No one wants to be in debt and I think most off us if we could would have sorted ourselfs.

 

Please advice needed.

Edited July 9, 2014 by tactical

[citizenB]

Hi, have you received a claim form from the court ?

 

In respect of statute barring. When was the last time you made payments to the account ? Did you receive a demand or default notice from the bank prior to them selling on the account.

 

If a claim has been issued against you, then please have a read of the following link. Provide us with all the information requested and post the answers in this thread as soon as possible. We can then advise further.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[Conniff]

If you're not certain of the dates, but believe that it could be Statute Barred, then do a Subject Access Request to the bank which will get you all the details you need to ascertain the dates.

 

 

There is a template letter for you to use here - http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

 

 

You will have to enclose £10 with your request.

[tactical]

Thank you I will go and read it and post info.

 

Really worried as I have £9000 on my mortgage arrears another long story

which my solicitor tells me I can fight for the fees back only once I pay it off. How unfair

 

I have been paying them on an agreement and are holding on.

This could so easly Knock us down again.

 

There demanding 8% interests and costs . which planet are these nasty prople on.

 

Will get back to you both with info you asked for . thank you for your quick reply .

[gerson]

As this is Clydsdale Bank are you based in Scotland?

 

If so then the limitation is 5 years from the 'cause of action'

[tactical]

yes Scotland . Clysdale was the first bank to call my overdraft in all thoughs years ago. Just like that. I waspaying the interest and managing to keep it below the £3000 but they didnt care. No customer suport. Nasty bank .

[citizenB]

Ah righto, if you are in Scotland then if you havent paid for over 6 years, then it might well be statute barred. But provide us with the information requested and we can take from there.

[tactical]

Would it be easyer for me to scan the info they sent me to you?

[citizenB]

If you can depersonalise and upload it to the forum, that would be good. You need to convert images to pdf format.

[tactical]

it is a small claims summons i have resevied with a return date of 8/8/14 and a hearing date of 22/8/14.

i took out the overdraft on the 13/11/96 and the claim is for 2810.23 with interest of 8% annually from the date of service together with expenses.

[citizenB]

I will pass this information on to the site team for you. As this is a Scottish Claim, I have no understanding.

[BankFodder]

Ah righto, if you are in Scotland then if you havent paid for over 6 years, then it might well be statute barred. But provide us with the information requested and we can take from there.

5 years in Scotland

[tactical]

Thank you very much CitizenB . I thought that these companys would never go after me after reading my credit file. I just struggle on hoping to survive it all. Young family so real concentrated on the mortgage and other bills that affect their lifes . thanks again . We will try send the document to you. thanks again

[gerson]

If it can be proved that the debt is SB'd (more than 5 years without acknowledgement or payments since CoA) then the debt does not exist in any shape or form - SCOTLAND ONLY

 

Therefore it is important to verify the dates as Conniff suggested in post #3, so get the SAR off pronto. They then have 40 days from receipt to supply all information requested. Although the information may not be with you in time.....

 

Would following this be of any help to tactical: http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

In the meantime can you scan, or type out verbatim, what is stated on the demand or answer the questions from http://www.consumeractiongroup.co.uk...TED-April-2014**

 

Do we still have Idainfife or Maroondevo on site-team and can admin ask them to pop-in?

 

P.S. I am Scottish but NOT legally trained so information is based on my understanding only

[AndyOrch]

The following may be of assistance in responding to the Summary Cause.

 

[ATTACH]52145[/ATTACH]

 

Regards

 

Andy

[dx100uk]

why not ring Clydesdale and ask the last payment date

or when they called the debt in.

 

 

 

dx

[tactical]

So in Scotland is it last contact or last payment ? Going to send of the SAR today to Clysdale. Its good to have so many great people on here. Makes you feel you are not alone. Thanks all

[citizenB]

Please make sure you read the document linked in andyorch's post #15 and ensure you stick to any court deadlines.

[tactical]

Morning all.

A quick update.

 

Sent of to Clysdale Bank the original Debt holder before they sold it on

and got a letter requesting my signature and date of birth to prove who I was.

 

This I replyed with and today they sent me another letter telling me they cannot find any accounts from the information that I provided.

 

They are now requesting old addresses and any changed names.

 

I have been in my current house for over five years and are wondering if they have lost my information.

 

What next?

 

Do I give them more?

 

tactical

[tactical]

I meant to say that when Clysdale Bank sold debt on I received a letter to this current address from them to inform me of this . So very strange .

[Crocdoc]

You could forward the following to the pursuing Solicitor and see how they respond as it is up to them to prove that the debt exists.

 

If this fails and you are liable you can apply for a Debt payment Programme under the terms of the Debt Arrangement Scheme (Scotland) Regulations.

 

This blocks any enforcement action, Stops al interest and charges even the 8% Statutory and allows you up to ten years to repay with no admin fees.

 

 

Dear Sir/Madam Your Ref

 

I refer to yourcorrespondence dated the XXXXXXX , for ease of reference a copy is attached.

 

In response, I would ask youto consider the following points:

 

1) This alleged debt has now prescribed under the Prescription and Limitation (Scotland) Act 1973 as the debt has subsisted for a continuous period of five years-

 

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

 

And

 

(b) Without subsistence of the obligation having being relevantly acknowledged,

 

Then as from the expiration of that period the obligation shall be extinguished

 

A relevant acknowledgement in a consumer credit contract would normally be an unequivocal written admission by the debtor

that the debt still exists or by making payments to the debt

 

I would further advise you t at in Scotland unlike England and Wales the debt is totally extinguished and ceases to exist.

 

Unless you have contrary and irrefutable proof to the above we would ask that you refrain from making anyfurther claims.

 

I look forward to your detailed written response in advance of the pending court action.

 

 

Yours faithfully

 

GOOD LUCK

[tactical]

Thanks Crocdoc I will do that today. Should I sign it or not sign it?

tactical

[tactical]

Should I send them the recent reply from back requesting more info as they cant find my account info? Is this normal for Banks?

[Crocdoc]

Sorry for the delay in responding as I couldn't find the original post due to a problem with my laptop e-mails.

I would send the SB letter to the pursuing solicitor by recorded delivery and see how they respond as it is then up to them to prove that the debt exits.

I would also ask for proof assignment, this will force the solicitor to obtain the information from Marlin in prove that they have right to raise the action.. By recorded delivery.

 

If the information is not provided before the hearing, provide copies of correspondence to the court and seek continuation on these grounds.

 

It may be that the bank no longer hold records due to the age of the debt, however this in itself brings us back to the SB question. If you have not acknowledged the debt IN WRITING OR MADE PAYMENT in the past 5 years THE DEBT DOES NOT EXIST in any shape or form.

[tactical]

Crocdoc thanks for you help. I have sent that off today. Should I send the Bank any more information to aid their search or should I write back and ask how it is possible for them to not be able to find the infomation on me or just leave it and get my £10 back ? tactical