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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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Found 10 years of vintage bank statements from NAT WEST


Justabout done
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Hello,

I've found that I had kept every bank statement from mid 1980's to 1998 with Nat West.

I had a couple of mortgages, several loans and what appear to be excessive bank charges,

I will send an SAR, but it is likely that I have more information than they hold, unless they're very good at archiving.

During the course of reading each one I found various bodies who had received money regularly from me,

but I don't have a clue who they were/are, some seem to be directly connected to the bank account.

 

I would appreciate any help with identifying the following, I have tried googling but haven't had much success.:-

 

MSD Premium Funder.

Forward Trust.

Lombard Tricity.

Fredrickson IN Ltd.

Bishop Court IBA.

Bradford Insurance.

Edited by Justabout done
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Well not alot you can do now anyway

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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MSD Premium Funder....loan co.

Forward Trust...loan co

Lombard Tricity...loan co

Fredrickson IN Ltd...DCA

Bishop Court IBA.??

Bradford Insurance. Insurance co

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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Share on other sites

Thank you for giving me this information.

 

Bishops Court IBA took money from my account from 1992 until 1998, it appears to be related to amount of money owed in my " Credit zone".

 

As far as I know I was never involved with any debt collection agency.

 

I have never taken out any Insurance with Bradford Insurance who took varying amounts of money from my account by SO from 1993 until 1998, which was when any outstanding money owed to NAT WEST were all paid up from redundancy payment.

 

Thank you for your help but -

I don't understand, do you mean that I can't claim anything although I have evidence?

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Outside of 6yrs

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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Share on other sites

Wrongful payment or mistake. P'haps but not with SO's as you must have authorised them

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... 

Link to post
Share on other sites

I must have authorised them, but was I capable of making an informed decision at that time due to learning difficulties?

 

I am more concerned about the Mortgages & loans with PPI I had.

 

As to SO's being authorised, I have recently been diagnosed as Autistic, hence I am and always have been a vulnerable adult, to whom the bank was throwing money.

When I went over my overdraft I was offered the "Credit Zone"-- more money to spend-- yippee.

 

I think I must have got off on the wrong foot with my original post.:?:

 

I took two mortgages and several loans with NAT WEST between early 1980's until 1998.

 

The following firms took money from my account by DD the sums vary and appear to be related to the amount of various monies the bank had loaned:-

MSD Premium Funder.

Forward Trust.

Lombard Tricity.

Fredrickson IN Ltd.

Bishop Court IBA.

Bradford Insurance.

 

Whether by ordinary loan or their * CREDIT ZONE *. I was almost always overdrawn within my overdraft limit, then they offered several thousands of overdraft facilities with this credit zone.

 

I was a lot younger, naive and believed everything I was told by anyone with authority!

 

Are you saying that I can't claim back any PPI sold or excessive bank charges because I've only just realised this had happened?

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I would suspect there is PPI there yes and you've confirmed to have 'products' that would have had it now. [ what I thought - you've ppi that what those companies provided]

 

I doubt you'll get penalty charges back unless it was caused by any mis sold PPI.

 

so the only way to know is to sar natwest and hope you get all your mortgage/loans stuff in return which comfirms PPI on them

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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Share on other sites

Thank you. :)

Is not the "outwith 6 years." legally from the time one realised or found out that X was so? I'm sure that I read that somewhere.

 

 

It is from "actual" or "constructive" knowledge, whichever is sooner.

So, if you didn't actually know, it is 6 years (the 'limitation period' for contract law, as here) (but 3 years for personal injury!) from the point at which you should have known, or would have known once you made inquiries

The thorny issue with constructive knowledge is "should you have made inquiries".

 

For insurance law : apparently not.

https://www.rpc.co.uk/perspectives/professional-and-financial-risks/who-knows/

The prevailing view seems to be that the company will have constructive knowledge of facts that should have been revealed by an internal enquiry that was actually undertaken. However, there is no duty to undertake a reasonable enquiry – thus the company is not deemed to know facts that would have been discovered had a reasonable enquiry been undertaken. Yet, if a fact would have been discovered but for the wilful turning of a 'blind eye', the company will be deemed to know.

 

 

Within personal injury cases the Court of Appeal has decided that each case stands on its own merits, ..... confirming "Dyson LJ’s test in Whiston"

http://insurance.dwf.co.uk/news-updates/2014/10/constructive-knowledge-and-limitation-revisited-and-restated/

 

the issue of constructive knowledge should be determined by reference to the knowledge which a person might reasonably be expected to acquire, which must depend on all the circumstances of the case.

 

 

which doesn't actually set out a single yardstick....

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for ppi it works like this :

PPI CCL 3yrs letters final fg12-17.pdf

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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Share on other sites

"(if later), more than three years from the date on which the complainant became aware (or ought reasonably to have become aware) that they had cause for complaint.

 

5. Whether and when a customer becomes aware (or ought reasonably to have become aware) that they had cause for complaint for the purpose of our time limit rules is a matter of fact that will depend on the individual circumstances of each case. A customer’s previous experience of the PPI policy and dealings with the firm about it may impact on the extent to which the customer may be aware (or ought reasonably to have been aware) that they had cause for complaint."

 

I am elderly, Autistic and have a degenerative disease, all of which impact upon what I do and how I think. I think the above quote would cover my situation.

 

I have read but not seen that The Ombudsman have been running a campaign about PPI, but I don't watch television, so have not seen any of this.

 

I was aware of PPI, but didn't believe that it applied to me until last year when I found a lot of vintage credit card statements, I asked for help from the forum on how to pursue this and was given very good advice which I much appreciate.

 

This year I have found the NATWEST bank statements, I don't know if I paid PPI, but the statements suggest that I did, I believe that it's worth pursuing, I only have the time to loose, not anything else.

 

Separately, I am unable to manage a mobile phone, I need a desktop PC, so am only able to see posts others have made if I come into the room to look.

 

I have tried to edit my signature to reflect this, but am unable to do so, can anyone help with this?

 

I know that phone users often expect a quick response which I am unable to give. :|

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no you respond when you can no rush

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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Share on other sites

  • 10 months later...

test

 

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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Share on other sites

I have details taken from bank statements, of one bank loan taken out in 1983.

 

£500. 00 loan repaid over 24 months, the repayments and interest were deducted separately from my bank account. I added up the 24 repayments the total of which was £543, excluding setting up charges, please can anyone advise if this £43 is likely to be PPI, or could it be some other charge that was commonly applied to loans in the 80's?

 

Since that loan, it seems that I took out many similar loans over nearly 20 years, so if it is likely to be PPI, I need to  get to work scanning another 800 pages, if not, it's probably not worth pursuing.

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you would need to look at the agreement you signed to see if PPI is stated [life ins etc etc medicare]

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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Share on other sites

you would need atleast the loans account number to even put in a speculative claim using their website ppi link I think?

 

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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Share on other sites

All I have is Personal loan No.1 (1st payment)..£xxxx

                     Personal loan interest...                    £xxxx.

 

No account or any other numbers.

 

How would they justify the extra £43.00 paid overall?

 

One of the loans is for £2000.00 which I haven't yet added up, but I think that would be quite a bit more than £40.+

Edited by Justabout done
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you have to PROVE PPI was levied not GUESS.

 

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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no harm in trying.

simply put what banking facilities you had with them

 

https://personal.natwest.com/personal/support-centre/how-to-complain/ppi-complaints.html

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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Thank you dx100uk,

I have found other information via Google.

 

"back in the late '80s early '90s, Natwest didn't generally disclose the loan account numbers to customers, because the loans were supposedly linked to your current account and as far as I'm aware you couldn't get a loan without having a current account. You didn't get any statements for your loan accounts. The only time you potentially got to see sight of the loan account number is if you made an overpayment and if they happened to give you a receipt or something with the loan account number written on it.

The other little wrinkle is that the PPI Premium was paid behind the scenes and only the base amount you were borrowing got paid into your current account. Sometime between 1991 and 1993, this changed, and they started depositing the total amount borrowed into your current account and then the PPI Premium was taken from your current account on more or less the same day."

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