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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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The Holte41 v A&L ***WON***


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Good luck Holte41!!!!!

 

I'm also sending my LBA on Friday 11th August. Bring it on!!!!!!!

 

Just read all of the court stuff and start preparing your defence in case they take it to the last straw!

 

Cheers

 

Jase

I agree with making sure you know what to expect from A&L, and understanding the legislation, but without knowing how they will respond when it gets to court it is hard to prepare too much. Also A&L are the ones who need to prepare a defence as defendants. Please don't take this as a telling off as you are obviously still learning, just a (very) little lesson in the legalities. You would need to defend if they counterclaim, but to dateI don't think A&L have done this. It does show the importance of preparation though and an excellent point to prepare well.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Thanks Jase and Caro,

I know that I should be better prepared than I am - but call it bad timing or whatever, I am in the middle of moving house - relocating over 500 miles away!!! As a single parent still working full time and arranging a house clearance, new schools, doctors, debtists etc and removals I have very little time to hand. I do check the site whenever I get 5 minutes but havent found anything that could helpo me prepare a defence. If anyone could give me an idea where to start looking it would be mych appreciated!!!

Many thanks!!

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A&L have been expeditcious with their response to my LBA - bog standard letter *******/UNFAIR2 received today - a whole 6 days ahead of the deadline!!! I AM impressed! :p

Can I proceed with legal action and submit my moneyclaim now or do I have to wait until next Tuesday - the deadline for reply?

As stated - I have received a reply, insigned but from a C COUGHLIN at Customer Services:

the usual " noted your comments........ charges ar reasonable and are competitive........ OFT ruling refers to credit card payments........ I cannot accept that you have been unfairly charged....... I am unable to agree a refund of charges on this occasion" etc etc.

I know it is a standard reply, but can anyone advise if I go ahead now, or stick to 14 days before submitting moneyclaim? Given posts on here I could have my cheque from A& L within a week if I go ahead now - very handy for a single parent about to become unemployed and relocating 0ver 500 miles away this weekend!!! Any advice much appreciated.

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Hi Holte41!

 

Well done on continuing with this under difficult circumstances!:o

 

The reference that A & L have used on their reply to your LBA is the same reference on what I received from A & L following my 2nd letter (one before LBA!)....it looks like A & L are just sending a standard letter out to all of our letters.

 

As per the guidance on this website I would wait until the 14 days have expired then hit'em with the moneyclaim, however I would await for Caro or someone else who's in the know for a second opinion on this.

 

My deadline for A & L reply to my LBA (A & L received it 14th Aug) is 28th August -and will be submitting a claim then.

 

Best wishes to you - keep me posted as we are at a similar stage (no luck required):)

 

Jase

A&L Claim SETTLED IN FULL 16/09/06 :D

HSBC -Claim settled in full 26th Oct 06.

HSBC PPI - Premium settled in full 1st Jan 08

HSBC PPI Interest - 1st request for refund issued,due 17th June 08

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LBA received by A & L on 14th Aug. A & L replied 16th Aug!:)not the bog standard letter ref: unfair 2 but appeared to be personalised!They've offered me £150.00 :mad: as a 'gesture of good will' (i'm claiming for £504.00) but I have checked my bank balance and A&L have deposited this £150.00 to my account automatically without any agreement from me!:confused:

 

I have queries: -

 

I'm waiting until 14 days have passed from A & L receipt of LBA before submitting moneyclaim -is this ok to do this as they've offered me a part refund?

 

I'll be submitting my summary of charges, but do i include the original charges or do i leave out the part refund amount?

 

Any advice greatly appreciated! I hope to contribute 5% to CAG on any monies refunded!

 

Jase

A&L Claim SETTLED IN FULL 16/09/06 :D

HSBC -Claim settled in full 26th Oct 06.

HSBC PPI - Premium settled in full 1st Jan 08

HSBC PPI Interest - 1st request for refund issued,due 17th June 08

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Where did you send your letter to and which letter was it?

 

I sent my DPA and request for claim letters to Bootle address, then on my LBA i sent to Bootle and a copy to Narborough via recorded delivery. I received the 'non standard' letter from Bootle.

 

Agree with you on the inconsistency (i got the UNFAIR 2 letter following my request for claim) rather than after the LBA as some other people have experienced.

 

Don't think it matters how large the claim they will try enything to confuse or baffle you to upset your claim process - just like they have with me with the refund scenario.

 

Good luck!:)

A&L Claim SETTLED IN FULL 16/09/06 :D

HSBC -Claim settled in full 26th Oct 06.

HSBC PPI - Premium settled in full 1st Jan 08

HSBC PPI Interest - 1st request for refund issued,due 17th June 08

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  • 2 weeks later...

Hi Holte41!

 

How are you and your progress with A&L charges??

 

I'm at the stage of filing a claim on moneyclaim with the added 8% interest!

 

Watch this space!

Jase

A&L Claim SETTLED IN FULL 16/09/06 :D

HSBC -Claim settled in full 26th Oct 06.

HSBC PPI - Premium settled in full 1st Jan 08

HSBC PPI Interest - 1st request for refund issued,due 17th June 08

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Hi folks - sorry for delay in continuing my tale (been busy relocating over 500 miles)!!! Jase, I attempted to file moneyclaim online yesterday but am not sure the process worked. On pressing submit - nothing else appeared to happen. There was no rquest for payment of fee for example and no opportunity to add/attach my spreadsheet of charges with interest. Any advice would be much appreciated.

Regards

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I'll have to try moneyclaim and let you know how i get on!

 

You have an alternative method (the traditional one) of filing an N1 form to your local court where you can attach hardcopies of the schedule of charges etc.

 

I've been told you need to send 3 copies of this, but unless I have similar problems to you with moneyclaim I do not endeavour to go down this route.

 

Jase

A&L Claim SETTLED IN FULL 16/09/06 :D

HSBC -Claim settled in full 26th Oct 06.

HSBC PPI - Premium settled in full 1st Jan 08

HSBC PPI Interest - 1st request for refund issued,due 17th June 08

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Moneyclaim issued!

 

Didn't find any problems with submitting, although it is a pain to fit all of the particulars of claim in 1080 characters/24lines!

 

Have you attempted to submit your claim again holte41?

 

Acknowledgement due by 19th Sept.

 

...Watch this space!

 

Jase

A&L Claim SETTLED IN FULL 16/09/06 :D

HSBC -Claim settled in full 26th Oct 06.

HSBC PPI - Premium settled in full 1st Jan 08

HSBC PPI Interest - 1st request for refund issued,due 17th June 08

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Holte41!

 

4got to mention that you have to include your charges that you're claiming for and interest within the particulars of claim section.

 

Once you have submitted it will request for your payment details etc and you will need to print off the claim number as you will need this for future correpondence with the court at Northampton (all MCOL claims go through this Court) you cna also check progress etc.

 

Hope this helps.

Jase

A&L Claim SETTLED IN FULL 16/09/06 :D

HSBC -Claim settled in full 26th Oct 06.

HSBC PPI - Premium settled in full 1st Jan 08

HSBC PPI Interest - 1st request for refund issued,due 17th June 08

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Following submission of moneyclaim, i'm thinking that the N1 method would probably be more suitable for my claim too as the schedule could be included and there' s more space for your particulars of claim.

 

Good luck anway -let me know when they give in!

 

Keep you posted on my claim.

Jase

A&L Claim SETTLED IN FULL 16/09/06 :D

HSBC -Claim settled in full 26th Oct 06.

HSBC PPI - Premium settled in full 1st Jan 08

HSBC PPI Interest - 1st request for refund issued,due 17th June 08

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Okay the big day!!!! (I know I dragged my heels a llittle, but with moving home and sorting new school - excuses done now time for action)!

Got myself off to County Court this morning, handed in N1 forms and schedule of charges with interest and the relevant fee. Now await the next correspondence from A & L which it seems will be a letter stating that they will defend the action. Ah well - after that my cheque?????:rolleyes: Will keep you all updated.

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Well done for getting this far and good luck (not as you will need it!):D

 

No theard anything from A & L yet issued 31st August (official issue date 5th Sept, with 19th Sept being the deadline).

 

Don't forget to inform one of the moderators about your claim and claim number etc so they can record on the litigation list!

 

 

Jase

A&L Claim SETTLED IN FULL 16/09/06 :D

HSBC -Claim settled in full 26th Oct 06.

HSBC PPI - Premium settled in full 1st Jan 08

HSBC PPI Interest - 1st request for refund issued,due 17th June 08

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hi there ive done all that the same as you but when i sent lba for my claim of 2460 without 8% interest i cnt be bothered with adding that on so i didnt bother after 5 days of sending that i received a letter saying they are sticking to there 1st decision and said about the ofts and all that then said sorry if im still dissapointed but they are 1 of the top banks and all that so do i go ahead with starting court proceedings on the 14th day or do i just give in as i dnt know if they will do owt cos they are adoment can you help hehe and if i go ahead with proceedings how do i start thanx

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Go ahead with your claim. The letter is a standard one designed to put people off taking any further action and attempting to justufy the banks day light robbery.

Complete your moneyclaim form on line or N1 form and print off - (take three copies to the court with you). Links to the moneyclaim site and/or N1 forms are in the template library and I used the wording given in the templates to complete my forms.

Just heard on radio OFT are investifating the charges made by banks now so these letters "OFT ruling refers to credit cards blah blah blah" will become obsolete in the very near future. Wonder if A&L will settle my claim before the OFT comes to a decision and forces the banks to do something about these overinflated charges?

Go for it

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Just A Quick 1 Ive Found Money Claim On Line Anything Over 1500.00 You Have To Pay 120.00 For Claim Is That Right And If I Do It On Line Do I Still Need To Take 3 Copies To County Court As It Says They Do It All On Line But It Isnt A Templated Letter It Just Asks You For Basics As Ive Just Had A Look At It,OH YEAH AND GOOD LUCK

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Yes the fee is £120 for anything over £1500. Will cost the same whether you use moneyclaim online or go to the court. The fee will be paid back by A&L when they settle your claim.

If you claim online there is no need to take forms to court. I did it that way as there was not enough space on the online form and I couldn't see anyway of attaching the 2 x A4 sheets of the charges!! It's an either - moneyclaim online, or - take three copies and your fee to your local county court. Just received my notice of issue from the court so will sit back and await my cheque!!!!

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