Scottish debt issues.

dekaspace

Ok, I contacted Lowell about disputed debts recently and they were different than I thought.


The short way of saying this was I had identity fraud over a period of about a year 6 years ago, for credit taken in Scotland whilst I was at time and still do live in Scotland (so simpler than I thought)


One is credit card theft when I didn't use my card for about 12-18 months and had a shared letter box and new one was stolen along with id the scammers used to pass security checks to activate card.


What happened with that was around June 2012 I got a letter stating debt had been passed on so I contacted credit card company who refused to do anything unless I either paid at least £20 a week (not month) or paid of whole debt and at time I was dealing with mental health issues, the drug dealing neighbour and his clients stealing post, other identity theft etc and I blocked it out and it genuinely slipped my mind.


I contacted them recently and they said to get action fraud details from the period in question and get back to them, I could not get this as was told time frame was too long, and when Lowell contacted me again explained this and their response was basically I have no proof its identity theft, so best thing is if I pay it off.


One the debt has now passed the 5 year mark in Scotland, two when they mentioned if I even had proof I spoke to card company I said I did (as I told them various times even on same phone call) and they tried catching me out which makes it seems they think I was lying and then bringing up the fact that £19 was taken from my bank account in May that year therefore I was aware of the debt so it couldn't be identity theft, I told them I disputed this and as it was 5 years ago I couldn't remember every transaction and I had multiple direct debits going out all the time (I was trying to imply that I couldn't remember if I did a direct debit chargeback or whatever they are called)


At which point they hang up on me!


So its been 5 years.


The 2nd debt with same company is that my downstairs neighbour who was a speed addict opened at least 6 accounts in different names but with HIS address i.e I am flat A property 100, he would be flat C property 100, and got many Jacamo clothes sent there, well for one every other person in the block was skinny and I knew he was done in past for massive theft, his wife currently in jail for stealing 50 grand from a pensioner with dementia.


Sorry you may not see that as relevant but the main thing there is the wrong flat number, the wrong date of birth they had for me, a phone number and email address that don't exist.


And again past 5 years.


So the 5 year Scotland thing is relevant there so best way to deal with it?


Oh of course writing to them may be best advice but I am worried how to word it.

molerat

https://www.nationaldebtline.org/S/factsheets/Pages/statute-barred-debt-scotland/time-limits-for-recovering-debts.aspx#

If you are certain that you have not admitted the debt or made any payments towards it in the last 5 years then, unlike England and Wales, the debt no longer exists. Send them this.
https://www.nationaldebtline.org/S/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx

dekaspace

Well their own words were a payment was made in May 2012 for the credit card so thats over 5 years


The other I never even paid anything as I never opened the account.


Thanks for that.

dekaspace

In a i'm guessing not suprising turn of events I got a letter this morning mentioning the usual rubbish and dated the same day as they rang me.


I forgot to say they hung up on me when I explained my standing a few days ago but I wouldn't put it past them to "edit" the conversation due to how they tried to get me to admit guilt at the time and implying that because I didn't chase it up at time (though I did report it to police but have no proof) then tone of voice and implied I was making it up (which is shortly before they hung up on me)


Will get round to that template this weekend thanks, just thought I would update.