Advice Needed Soon Please

SallyUK

Hello Everyone

I've been sent a letter from a company in Scotland who say they are going to execute a charge for payment, which means they'll freeze my bank account.

I can't go into detail except to say that my husband was very violent in the past and forged my signature on several documents which resulted in him disappearing and the marital home being repossessed. I was forced to move from Scotland to live in England. That was in 2002.

Since then I've been traced and have been getting letters from debt collectors sent to me, and then this latest one arrived yesterday.

I'm really worried now as I will have no money to live on, if they do freeze my account.

Our local CAB office has closed recently, due to lack of funding, so where can I turn please?

Thanks,


S

scaredy_cat

you could call National Debt Line, they may be able to give you some advise.
http://www.nationaldebtline.co.uk/

Hannah_10

Any debt you yourself ran up during 2002 or before 2002 is statute barred anyway. That means debts which have not been contributed to or otherwise acknowledged for 6 years in England and Wales or 5 years in Scotland are too old to be persued, actually in Scotland they're not even owed at all anymore. 6 years ago was Septemeber 2004!

Anything which has arisen since 2002 when you left Scotland wasn't you (even of it was your name) and therefore it is fraud and you're not liable for crimes committed against you.

Debt Collection Agencies (DCA's) are the biggest corporate liars in Britain today. They CAN'T freeze your bank account without getting a court order to do so. They CAN'T get a court order if you defend because your defence would be either A- it's statute barred (and therefore not legally enforcible) or B- it's fraud.

So lets start with phase one of defending against it...

Send them the prove-it letter...

never-in-doubt wrote: »

Dear Sirs,

Account No: 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 I have no knowledge of any such debt being owed to (insert company name). I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours faithfully




Sign digitally

Sign digitally means use a curley font, not your own hand. This is especially important for you because this is suspected fraud. Your ex might have had all your details but his forgery and your real signature aren't the same. Remember I've said DCA's are liars? Well it is not unheard of for them to copy and paste your signature from the letter you send this month onto something from years ago.

There are all sorts of different ways they might reply... But for now the Prove-It letter is the best first step.

When you get a response come back to us and we can take it from there. Regrettably the man who I would really like to reply to this post is Never-In-Doubt himself, who sadly has more or less left MSE. He is still contactable though and has just started his own forum at http://forums.all-about-debt.co.uk/index.php I recommend you join it, the distilled wisdom that is MSE's finest is generally already there... Oh and me, winging it !

The right other people to go to are...
National Debtline
Consumer Credit Counselling Service
See this... http://www.moneysavingexpert.com/loans/debt-help-plan

If you still feel nervous, let us know who the original debt was allegedly owed to (eg. Barclaycard, Nat West bank, Egg) and I will find you a safe new place to bank where there is no possibility at all of your money being creamed off. Unless you owe the Britannia Building Society Co-Op Bank is safe for nearly everyone, and they'll give anybody a "cashminder" account no matter how bad thier credit file is. Although the DCA can't freeze your account and wont get a court order too while you're defending the original lender can dip thier sticky little mitts in if the new banl account and the old debt are part of the same banking group. Read this... Setting Off Rules: DON'T bank where you’ve got debts

Other good advice..
Everything in writing... Never call a DCA or one of your creditors, they will just bully you and lie to you and then lie about what you said, so don't.
Email doesn't have the same legal standing as letter.
The DCA will pretend not to get a letter it didn't like unless that letter was sent signed for (which isonly 74p more than normal post). So always do.
Keep calm Honey, the Prove-It letter buys you about 4 weeks. After that we will see what they do (or more likely do not) have.

Nottoobadyet

Fantastic post, Hannah.

Best of luck, OP, hopefully you can get this behind you where it belongs.

savingholmes

Fab post hannah - good luck

SallyUK

Thank you for the replies everyone and especially to you Hannah, that was brilliant.

I suspect though that in this case it will be a bit different, as I've been told that this company are different from debt collectors, and that they're actually sheriff officers?

If you don't mind Hannah, I'd like to send you a PM, if that's ok?

Thanks again everyone,

Sal
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NorthernLas

Sally - I think you need specific Scottish advice, someone to give you a non biased opinion on the letter you received (and what letters you have receievd about this debt in the past).

I've found a document that explains what sherriff's officers are (seem like the Scottish version of bailiffs)

http://www.aib.gov.uk/guidance/publications/debtbankruptcy/debtandconseq/debtcons

If your creditor has been to court and depending on the debt, they may still have some redress. However, if you have had no letters about it, I would have thought that you should be able to hold action until you understand what you can do.

Do you know what the debt is for ... if not your first step is the prove it letter?

In the link there are lots of Scotland specific organisations. My first suggestion would be to call National debtline (Scotland).

Hannah_10

Yes Sherriffs Officers have more power, if they are instructed by a court they are a bit like baliffs. Council tax, which is what the debt is, is different to a credit debt.

That said you still don't have any knowledge of the debt and you still do need them to prove that there is a debt and that you owe it, so it's still the prove it letter. Sending it is like a way of putting it into dispute, formally, in a way that is understood. Which as I said above, buys you time and then you will find out what they have on you or not.

SallyUK

Hello NorthernLas

Thanks for replying.

It is for council tax and the charge year is Pre 2008. I haven't lived in Scotland since 2004.

I've been advised by a knowledgeable person (thanks to Hannah) that this should be stature barred now.

Sal
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RAS

Hi Sally

CT does not get statute barred in the same way, I do not think and is a joint liability. However, you should be able to get the court actions reversed if you were not notified in advance.

I suggest you speak to NDL's Scottish section ASAP http://www.nationaldebtline.co.uk/scotland/

SallyUK

Hi Ras

Thanks for your reply.

I thought the same as you that Council Tax didn't get statute barred, but I was sent this link.


http://www.insolvencyhelpline.co.uk/deb ... on_act.php


Sal
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