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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Scotland: Statute barred/Prescribed date vs 5 year default date anniversary


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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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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

 

  • Like 1

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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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.

 

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dn date will be on your credit files

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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Posted (edited)

OK thanks, I noted them down when I checked the report - 3 have already expired, although if I'm adding the 14 days on then it'll be another week or so for those.

The others are; end of July (so into August is that right?), end of August (these two are the big ones) and a couple of grand on Shop Direct at the end of November but seeing as this furthest one is Lowell and they have already missed those first 3 then I feel pretty safe with that one.

Are these DN dates on the credit report that dates I should be looking at +14 days when their anniversaries come up this year as the time when I can be sure the debts are SB? 

I won't be rushing to send the SB letters anyway until the final one has passed and I can just do them in one fell swoop.

Edited by Consumer Lover
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  • dx100uk changed the title to Scotland: Statute barred/Prescribed date vs 5 year default date anniversary

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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Posted (edited)

Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise.

When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)?

When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way. 

So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway :D

 

edit:  ah..

WWW.SCOTTISHLEGAL.COM

Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...

 

This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)?

Am I understanding this correctly?

 

Edited by Consumer Lover
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  • 3 weeks later...

I had an email last week from Lowell who clearly know the score telling me they weren't going to bother chasing a couple of amounts they were after - this email came one day after the 5 year default date anniversary (and a couple of weeks after they tried to tempt me by letter with a 90% discount).

Now today for the first time I've had an actual parasite at the door - I wasn't in but my older child, despite being versed in "who are you" being the first question admitted I was out and was then given the old chestnut that "it's a personal matter".

Guy stood outside on the pavement writing a card and popped it through - Resolvecall, and this relates to something that is going to its 5 year default anniversary in mid July 2024.

I did stop paying that one in January 2019 though, 

I just want to double check I understood the appeal court ruling mentioned above

- does this technically mean that if push came to shove I can successfully argue that this debt is indeed time barred from the date of my first missed payment?

I suppose being time barred for sure in one month means there isnt really time to take action against me?

I have read up on all this but I suppose I'm just after some reassurance that I am understanding this properly?

edit:  I've just read the ruling again and it is obvious that this means it will be easy to point to this and argue that the 5 year period started from when a loss was first incurred, i.e. my first missed payment.  Sorry for being so scatty, I need to learn not to second guess myself!

But, does any of the below affect me? 

I suppose it can be argued that these card/loan companies/banks could have taken action against me when a payment has been missed and without the need to wait 6 months or more to come up with a default date? 

I'm more confused now with these partial clauses already in law from June 2022!

 

WWW.LAWSCOT.ORG.UK

A commencement order has finally been made for the Prescription (Scotland) Act 2018, with the first changes taking place from 1 June 2022
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pers i wouldn't sweat at all.

stop worrying.

 

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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You're right of course, just jarring when an actual man child is knocking on my door so close to the end.

Anyway, I'll keep this thread updated if ever any exciting does actually happen.

Thanks again.

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