1999 SLC SCOTTISH 1a small claims Decree, now rebadged by shoes/eruido - think i'm stuffed? No, I WON

[dx100uk]

cash the cheque and leave them to it.

they'll soon work it all out...eventually.

[saintalan]

Afternoon DX100 et Al

So home today to another letter.

We refer to our response letter 29th August. Copy enclosed.   (This was the compo letter with the cheque)

Our client blah blah blah.

Unless agreement in 14 days instructed to commence court actions etc etc.

 

So now am I being harassed ? or are they entitled to still write to me ?

The debt is no longer legally enforcable due to the 20 year prescriptive period.

Should I respond or simply ignore now ?

I believe if I respond I should refer to 

 

Prescription and Limitation (Scotland) Act, 1973

 

Further to above I have just once again dug out their letter (Post 66 mentioned) of 19/11/14 where they inform me that "a court decree is subject to a 20 year prescriptive period, therefore this account is not statute barred"

 

I guess referring them to their own letter may be the way to go ?

[dx100uk]

 

 

well the 20yrs bit yea.

 

wind 'em up why not.

 

further harassment will force me to raise a serious complaint with the relevant authorities concerning your actions.

esp in relation to your admission in your letter dated 19/11/14 [copy enc]

 

I shall also seek financial compensation

this will be carried out with no additional notification to yourselves should you fail to desist.

 

there is a Scottish SB letter in the legal section of our library to add too the above

 

 

 

[saintalan]

Sorry for being dumb.

Gone to here and not sure what you mean by Scottish SB ?

 

https://www.consumeractiongroup.co.uk/forum/299-legal/

[dx100uk]

ah its moved

debt collection section sorry

[saintalan]

Well thanks again and good morning.

 

Shoosmiths do seem to take things a bit more seriously now rather than ignore me and bombard me.

 

this morning I receive another letter.

Blah blah

Please accept this as acknowledgement of your complaint that our letter demanding payment is harassment, as it falls outside of the specific 20 year prescription period detailed in our letter 19 Novv 2014.

 

Carry out full review etc in accordance with FCA rules and respond within 8 weeks.

 

 

Now I wonder where this can possibly go.

Either my complaint is upheld or they find something beyond the 20 year prescription period ?

[dx100uk]

they cant argue

the decree is clearly stamped

the prescribed period of 20ys has expired.

extinuquished..dead gone parrot.

 

dx

 

[Old Cogger]

Polly Gone = Dead Parrot that is what they got

[saintalan]

Should get an apology and Compensation again possibly.

We shall see. 

Thanks folks.

Shows the arrogance of "their client" refusing my near 50% payment offer much earlier in the thread.

Posts 24 and 25

Edited October 26, 2019 by saintalan

[saintalan]

It is all over 

Thank you to everyone who has taken an interest and particularly DX100uk who has helped keeping me on the right tracks.

Today received the following

 

Having reviewed the matter I do agree that the 20 year prescription period ended on 20 August 2019 and you should not have received further correspondence from us requesting payment after this date. I apologise and you will receive no further correspondence regarding this matter , and I will ensure your account is closed.

 

Conclusion

I confirm I uphold your complaint and I apologise that you have had to raise this. On this occasion I do not consider we have met the high standards I expect. I have provided feedback to the line manager , so that processes can be reviewed in order to ensure these errors are not repeated, and in order to allow staff training surrounding prescription periods.

In light of our error in contacting you, a cheque for £20.00 shall follow. Retaining this payment won't affect your right to refer this complaint to the FOS. 

 

 

etc etc.

 

So to end this happy story does anyone believe I should let the "FOS" know ?

[unclebulgaria67]

Yes let the FOS know, if you are happy to close your complaint.

[dx100uk]

sorry without going back

did you involve the FOS before..only on a small phone at present

 

shoos ineptitude and shear volume of correspondence designed to harass IMHO might deserve a great compo figure?

 

dx

 

[saintalan]

Thanks what I meant was I have never been to the FOS.

I am happy it is over but can the FOS take any additional action that helps me ?

[dx100uk]

yes they can.

esp if you consider that the communications have been harassment and the customer experience overall has been poor.

 

now harm in ringing the FOS and asking their view on opening a complaint.

[saintalan]

Technically the only complaint I have relates to correspondence after the 20 year period. They were entitled to harrass me up till then. 

When I got my previous £50 compensation my complaint was not upheld but the compo was for not dealing with in the correct timescale.

I could I suppose also use this as bad service.

[dx100uk]

pers i'd do it for all the others that have had it happen and are sadly too scared of erudio and their dogs

 

so I have an issue with a company called erudio and their solicitors concerning a slc student loan. etc

 

just remember this,it's costs erudio +£450 if the fos get involved.....regardless to anything you might get..