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Arrows/Debenhams Card + AKTIV KAPITAL/Topshop card - scottish SB letter needed

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Hi guys just a quick one here,

 

I've looked in the templates but can't seem to find the letter to send DCA's if you definitely know the debt is statue barred?

 

My partners first debt is with ARROW GLOBAL LTD and the last payment was April 2009 (Default date 20/10/2009) and the other one is with AKTIV KAPITAL who didn't even receive a first payment (Default date 09/06/2009) She has been hounded and hounded by phone call from ARK EUROPE and CARS for which debt we don't know

 

My partner has made absolutely no communication at all so she/we are both now thinking these debts are now SB so now need to send the letter for the agencies to stop hounding her and update her credit report.

 

I'm pretty sure there is a letter for this as mentioned but I really can't find it within the templates, maybe I'm looking in the wrong section?

 

Thanks

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LINK

 

Statute barred letter, link above ^^^^^

 

For all draft letters - search the library - top left of the screen highlighted in green - I think there is a link in my signature as well. No there isn't.. but there will be later on today :)


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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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I was reading the letter in the LINK mate and it doesn't state for Scotland willI just add this to the email or would there be a different law procedure for us in Scotty land ? I know I have to change the 6 years to 5

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Ah right.. Scotland.. hang on a bit.. I will be back with a link for that one..


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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http://www.consumeractiongroup.co.uk/forum/showthread.php?387433-Statute-Barred-Leter-SCOTLAND-(update-21.04.2014)

 

Here you go.. Stat Barred for Scotland.. you would have found it in the same library !!

 

I totally missed the fact that you had posted in the Scotland Forum - my apologies.


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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God this website is a bit difficult on an tablet, you can't even edit your comment :( you have to always head over to full website.

 

Ok I'll have a look mate :) thank you

Edited by somethingelseplease
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Hi guys just a quick one here,

 

I've looked in the templates but can't seem to find the letter to send DCA's if you definitely know the debt is statue barred?

 

My partners first debt is with ARROW GLOBAL LTD and the last payment was April 2009 (Default date 20/10/2009) and the other one is with AKTIV KAPITAL who didn't even receive a first payment (Default date 09/06/2009) She has been hounded and hounded by phone call from ARK EUROPE and CARS for which debt we don't know

 

 

 

Thanks

 

God this website is a bit difficult on an tablet, you can't even edit your comment :( you have to always head over to full website.

 

Ok I'll have a look mate :) thank you

 

This is a tricky one.. there has been a lot of debate on this.

 

1st account

 

Last payment - April 2009 - Default date October 2009. Do you recall receiving a Default Notice (totally separate from the Default marker on the credit file) ?

 

It used to be that we would advise people to start the SB clock from the time the first payment was missed. eg.. your last payment was April 2009 - the first missed payment would have been May 2009. However, we are now advising that you add at least 2 months in order to cater for the fact that creditor would need to send a Default notice and it not be remedied for the cause of action to occur - breach of contract. The recording of Default Markers on credit files can take up to 6 months to occur and are not really a good indication of when the DN was issued.

 

So April/ May plus 2 months would be around August. In which case you perhaps could risk a SB letter.

 

The other account which you advise was Defaulted in June 2009 - if no payments were ever made on this I would look at when the contract was entered into - if the Original creditor proceeded as others do with not recording the first Default marker until 6 months are passed, then, it could be that this is statute barred.

 

It might be in your interest to establish when Default Notices were issued..

 

However, you could try to string this out a little longer by first sending a prove it letter or CCA request and also the telephone harassment letters demanding that they cease attempting to contact you in this way. If they don't, then you can escalate your complaint to the Ombudsman.

 

I think even though you are in Scotland, recording of Defaulted accounts still continues for the full 6 years, even though the statute barred time is only 5, doesn't it?


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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what do these relate to? eg cred cards, loans, hp,...?


IMO

:-):rant:

 

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The only letter my partner received in regards to the Debenhams was this:

 

Viking Debt Enforcement 08/08/2009

Then Debenhams sent account statements:

Statement 19/09/2009

Statement 20/10/2010

Arrow Global transfer to Rockwell 20/09/2013

Rockwell 10/10/2013

Rockwell 06/11/2013

Rockwell 20/11/2013

Fenton Copper 20/01/2014

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Ok the first one which Arrow Global are chasing is from a Debenhams Credit Card and the second one AKTIV KAPITAL was a Topshop Store card

5 years in scot re bar, shld be ok then re stat bar re aktiv and arrow.

cld try giving the national debtline a ring to double check.


IMO

:-):rant:

 

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In regards to the type of accounts is this why you have arrived at this conclusion Ford?

 

 

start of limitation period re loans/hp for eg can be different to credit cards.

as citb says, re a cred card, start is usually one/two/or three mths after the last contractual payment ie when in breach (or after any later payment/acknowledgment thereafter which has reset the clock)


IMO

:-):rant:

 

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In answer to your questions Citizenzb

 

No we looked at all the paperwork and there is nothing that suggests the default notice

 

Yes you are correct it's 5 years but remains for a further year on record but can't be chased (pretty sure)

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Once you have told them it is statute barred, then they should cease chasing.. but sometimes the message doesn't sink in. If they do continue, then you should consider making a complaint to the Ombudsman.


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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