Sub Prime Credit Thread Part III

seeya23

yes it is staute barred after 5 years in Scotland nid will do you a letter

ElkyElky

seeya23 wrote: »

yes it is staute barred after 5 years in Scotland

It is?!? My mother has avoided debt collectors for about 5 years and some months and still gets letters demanding payment. We're from Scotland.

never-in-doubt

jipp05 wrote: »

Not sure how to post quotes but NID said this: Do not respond - after 6yrs it becomes statute barred so whatever you do ignore it! Look here for details of what i'm on about: http://forums.moneysavingexpert.com/...674391&page=25

Thanks for that. I live in Scotland and read that it becomes staute barred after 5 years and the debt is 5 and a half years since the default was placed so is this correct and also im worried now my ringing them this morning invalidates this, will it? the whole situation has got me so stressed just when i was beginging to get myself on my feet again

Ok, i'll post you a letter to send. Just confirm for me, who the debt belongs to (original lender or the dca - i.e. who is writing to you?)

When did you last make a payment? what is the default date? these dates have to be accurate! Also, does the default amount on the Credit Report tally with the amount asked for in the letter you got and is it the same lender/dca that wrote that added the default?

Stay online for the next hour and answer my questions and your letter will be ready to use and send off tomorrow lol :beer:

To quote, click the button and not the .....

By the way - NEVER RING - YOU MUST GET PROOF (LETTERS ONLY)!

seeya23

there is a staute barred letter on here somewhere on the net ( i know nid is good at letter) i use it for debt that was 9 years old had no more letter since

never-in-doubt

ElkyElky wrote: »

It is?!? My mother has avoided debt collectors for about 5 years and some months and still gets letters demanding payment. We're from Scotland.

you never told me that! lol, ive sent you that many links and you should have spotted that! its always 5yrs in scotland but you guys forget to tell us these little things - we are not psychic!

scottish law is different from english law!

claire6hy

wooooo
scotland rocks

never-in-doubt

Statute Barred is 5yrs in Scotland, 6 in England.

Good Luck.

---

Statute Barred letter to send (Scottish version)

---

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sirs,

Ref: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged;

then as from the expiration of that period the obligation shall be extinguished..."

I would also point out that the Office of Fair Trading (OFT) say under their Debt Collection Guidance on statute barred debt that:

"It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last written acknowledgement/payment of this debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment from me in the relevant period under Part 1 Section 6of the above Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that:

"continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

Sign digitally

ElkyElky

never-in-doubt wrote: »

you never told me that! lol, ive sent you that many links and you should have spotted that! its always 5yrs in scotland but you guys forget to tell us these little things - we are not psychic!

scottish law is different from english law!

lol Oops. My mother did call one of the DCA's to request a payment card last year, however I couldn't imagine that 'resetting' the statue barred, since they can't exactly prove it was her calling.

never-in-doubt

ElkyElky wrote: »

lol Oops. My mother did call one of the DCA's to request a payment card last year, however I couldn't imagine that 'resetting' the statue barred, since they can't exactly prove it was her calling.

did she actually pay or not? regardless, if it was after 5yrs and they wrote asking her to pay or whatever then they broke the law so wouldn't matter and she'd get refunded.

Just tell her to act daft and send that letter - they will sort it out, they have to! :T

jipp05

your fantastic! karma will come back to u :-)

Hope this is right, on my eqifax file the debt is from aktiv kapital but im getting letter from buchanan clark and wells the sum they are wanting is £780. I could have swore i made a full and final payment on it when it was defaulted but its not saying and it was defaulted on 10/11/2003

Will my ringing them and offering them a payment today going to effect it?