compensation for cancelling court case - Scottish SB debt

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BigHubby_2
BigHubby_2 Posts: 18 Forumite
in Debt-free wannabe
Hi all im wondering if you can give me some advice on my situation i have for the last year or so been hassled by a debt collector and lawyers chasing me for a debt that is 6 years old i live in Scotland and the debt was taken in Scotland about a month and a half ago i revived court appearance papers from the lawyers saying they were taking me to court over this so called debt which was a personal loan unsecured i sent letters to the claiming this was now statute barred and the lawyers said they will be proceeding with this case but will send for the original credit agreement yesterday i revived an email saying this is statute time barred and the lawyers are cancelling the court case and will be sending me a letter to say this matter is now closed but my question is because of the constant chasing getting sent letters from the D.C.A and lawyers and the stress this has caused me and my family over the last year or so i feel i should be able to look into some form of compensation as the D.C.A and lawyers clearly never looked into this before harassing me and raising a court action its made me a nervous wreck and sick to the pit of my stomach and made my family situation some times unbearable can anyone please advise me if i can or should i try and claim back on this as they were clearly in the wrong and if so how would i go about this without going to some expensive lawyers many thanks in advance.
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  • DevCoder
    DevCoder Posts: 3,361 Forumite
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    What provable financial losses have you suffered?

    If you are trying to sue for emotional distress then you must bone able to *prove* that the DCA intentionally and deliberately set about in such an extreme manner the intent to cause you distress.

    I'd advise you just move on with your life.
  • tberry6686
    tberry6686 Posts: 1,135 Forumite
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    Even though the debt is statute barred they are still allowed to try and get you to pay. Statute barred only means that they can't use the court to enforce payment, not that the debt is extinguished. What you could possibly hope to claim for I have no idea.
  • McKneff
    McKneff Posts: 38,823 Forumite
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    Your post is extremely difficult to read.
    No full stops
    No commas
    No sentences
    No paragraphs
    No capital letters


    etc. etc. etc.....
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • marleyboy
    marleyboy Posts: 16,698 Forumite
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    No, you cannot claim compensation for stress of having an unpaid debt chased up. Be grateful it is now statute barred and look at it as a small inconvenience to getting away with having to pay it back.
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  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
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    Bad idea to post on a weekend, the "serves you right" brigade are in full force.
    I do Contracts, all day every day.
  • bris
    bris Posts: 10,548 Forumite
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    Op what you have to understand is you still owe the money, true it is statute barred but that only means that they can't sue you for it so for all intents and purposes they have no chance of recovery.


    This however doesn't mean they can't still write to you in the vain hope you will do the right thing, they can continue to ask for it, but this will now stop.


    As for compensation they have done nothing wrong, you how ever have.
  • Lily-Rose_3
    Lily-Rose_3 Posts: 2,732 Forumite
    edited 12 October 2014 at 11:39AM
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    Marktheshark wrote: »
    Bad idea to post on a weekend, the "serves you right" brigade are in full force.

    Nobody is saying it serves him right, or that anyone is perfect. Lots of people get into debt that they can't pay back.

    It's the fact that he is seeking compensation for 'harassment' and 'emotional distress,' because the financial institutions who lent him money, want it back, and are badgering him for it! Yes, it's been written off now, but many financial institutions still keep pestering the ex-customers; most people manage suck it up though, until it stops.

    You had my sympathy 'Big Hubby,' until you started bleating about claiming compensation. I think you have a massive nerve to be honest, and you should be on your knees, thanking society for allowing the debt to be written off.

    Now just write to the companies concerned, send the letter by recorded delivery, and keep a copy of the letter. Once you have written, then leave it at that. They will stop eventually.

    Most people get annoyed by the constant badgering of the creditors, especially when the debt has been written off/bankrupted, but it's a cross you have to bear for the luxury and convenience of not having to pay the debt back!

    Oh, and if being hounded by creditors sends you into a massive spiral of anxiety and gives you severe emotional distress; how on earth are you going to cope when you encounter a really bad occurrence in your life?

    Get some perspective. And move on with your life. You are very fortunate that your debt has been written off.
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  • Monkeyballs
    Monkeyballs Posts: 1,935 Forumite
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    Yeah, sorry Op but your question isn't one which is likely to hearten you to anyone on this forum...

    You may do better on the Debt Free Wannabe forum but even then I doubt you'll get any more positive feedback as general most people would accept that they're in the wrong and your stress incurred is as a direct result of your own actions and to be expected.

    MB
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
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    Op what you have to understand is you still owe the money,

    This is incorrect. In Scotland a Statute Barred debt is written off, unlike in England and Wales. (Not sure about Northern Ireland).
    I used to think that good grammar is important, but now I know that good wine is importanter.
  • Hanky_Panky
    Hanky_Panky Posts: 767 Forumite
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    iolanthe07 wrote: »
    Op what you have to understand is you still owe the money,

    This is incorrect. In Scotland a Statute Barred debt is written off, unlike in England and Wales. (Not sure about Northern Ireland).

    You misunderstand what 'written off' means.
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