how do i find out if my debt is statute barred?

DAVID_BOWIE_2

Hi

how do i find out if my debt is statute barred? I live in Scotland and I am sure I havent paid anything in the last five years and definitely not admitted to the debt in writing. The debt was orginal with HBOS and now is with lowell, there is not any default on my credit file regards this debt.

Any help would be great

cheers

David

savingmummy

If you have had NO contact at all you can send a letter regarding this i will get the link for you.

savingmummy

http://forums.moneysavingexpert.com/showthread.html?p=26870341#post26870341

DAVID_BOWIE_2

talked to them on the phone but the problem is that my auld man shredded all my old bank statements from the hbos, so i cant find out if the debts are over 5 years old.

savingmummy

Oh this may be a bit different then.
The person you need is Tixy, she is a fab support and is really good regarding financial issues on here.

If she is isn`t about i am sure someone who knows more can advise you.

DAVID_BOWIE_2

Cheers

Another quick question. I have recently paid a full and final payment to rouxbergh for a debt i had with the nationwide. This was all done over the telephone, managed to get them down to £300 on a orginal balance of 1500. This debt doesnt show on my credit file. But will it now i have paid it??

savingmummy

Well done getting it down!! wow!
It is on your credit report for 6 years as far as i know but will be marked as settled i would of thought. Again others will tell you this for a definate answer.

(i dont know where everyone is - watching footie maybe!)

Tixy

Hi David

If you think a debt is statute barred ("extinguished" in scotland) but are not sure you have a couple of options
1) send a subject access request (under the data protection act) costs £10, they will supply you with a complete record of all transactions on the account etc. Then you can look to see if there has been a 5year break.
2) if you are fairly certain its SB then take a punt and send the SB letter (make sure you send the scottish version), if its not SB they'll soon let you know, but the onus is on them to prove its not and that you still owe the money.

Talking to them on the phone is not generally advised (but it won't affect whether the debt is SB)- also see this scottish factsheet - http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

You say no default shows - does the debt show at all?

Tixy

David
Regarding the roxburge debt - have you paid the F&F yet? if not its best to get written confirmation first that it is in full & final (so they don't come chasing you for the rest is 3years time) - see here http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=19_full_and_final_settlement_offers you'll also see that you are advised to request that your credit file is marked as satisfied.

The_Moog_2

The limitation period for most legal proceedings is 6 years.

nandj_2

It's 6 years in England The Moog, 5 years in Scotland.
So, my old sparring partners at Lowells are still trying to collect Statute Barred debts, they might just as well as everything else they try and collect is completely unenforcable lol.
Onto the serious stuff for David Bowie, send them a Statute Barred Letter for Scotland, template letter below, send via recorded delivery and DO NOT SIGN YOUR NAME, ONLY PRINT, Lowells have employed someone with an IQ above 5 and they have learnt how to copy and paste using paintshop.
A word of warning, watch out for the £1 token payment on your account, Lowells love doing this just so it's not statute barred, it's upto them to prove you made the payment and not for you to do all of their donkey work for them, and report them to Information Comissioners Office, TS via Consumer Direct and the OFT.
Lowell's are at the moment hanging onto their consumer credit license by a thread so please report them.
If you do get any other letters from either Red Debt Collections or Hamptons Solicitors, this is the same Company, just how they press the keyboard to which headed paper the threatogram machine sends you.

Address

Date

Dear Sir/Madam

Acc/Ref No 4563210025897412

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 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 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 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 acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

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

I look forward to your reply.

Yours faithfully