Please help...

cazaline

As far as we are aware my husband defaulted on the loan in May 2002 according to the experian report we have on him and he is sure that he never contacted them or that they contacted him...is there any way we can find this out so we can make sure it would be statute barred? \Thanks everyone

itsnever2lateisit?

Hi Caz

As rog2 says once it is statute barred it remains forever statute barred. If they do turn up the CCA then it may be worth sending the template letter regards statute bar. I have the feeling from there track record that they wont be able to find the CCA, and while they will probably change tactic and tell you you have a moral obligation the fact will remain that there is four fifths of nothing they can do:p

If experian have a default at May 2002 then that is probably fact, and if you are certain that either no written acknowledgement or payment towards it has been made since then May 2002 is the date to work from

cazaline

Just been looking into things further and on the experian report it states that the 3 loans which total the above amount were defaulted on the 4/5/2002 but one ot them (the smallest amount) was defaulted on the 4/3/2006?

We both know that there has definatley not been any payments made to the RBOS since 2002 so how come it says this and who would we contact to find out about it?

Thankyou

itsnever2lateisit?

Take it one step at a time Caz, get that letter off requesting the CCA, deed of assignment and statement. If they can't do that then they fail at the first hurdle, and everything else is acedemic:D

cazaline

itsnever2lateisit? wrote: »

Take it one step at a time Caz, get that letter off requesting the CCA, deed of assignment and statement. If they can't do that then they fail at the first hurdle, and everything else is acedemic:D

Thankyou...just panicking! havent slept all night and cant eat with worry! I have never even had an overdraft myself never mind a debt and it worries me sick

GeorgeUK

I agree that the debt is statute barred Caz.

The Royal Bank of Scotland is Registered in Scotland but it can depend where the agreement was signed for the different laws to apply. I just checked the General conditions for my CC and it states that:
If your address is in Scotland, this agreement will be governed by Scots law.
If your address is anywhere else, English law shall govern the agreement.

As the agreement was taken out in Scotland and the original agreement will have a Scottish address - it is governed by Scottish law. Accordingly, the last time a payment was made or the debt was acknowledged in writing is the date from which the 5 year countdown would have taken place.

The debt is statute barred.

Do not be surprised if you keep getting hastled from the DCA. They are bullies and have told people in the past that they will take away peoples homes. It's all a pile of poo!!!

Just send away the Statute Barred letter that's within Rog2's link.

Edit: May as well put it up.

'Without Prejudice'

Dear Sir/Madam

Account No: _____________________________

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

I/we 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/we 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 acknowledgment/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 or written contact from me/us in the relevant period under Part 1 Section 6 of the above Act, I/we suggest that you are no longer able to take any court action against me/us 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/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully

(Your signature)

I would suggest trying to contact the relevent branch that the loan was taken out from for that other query. It may just be a computer thing, but if the debt is statute barred and has been sold on then they may no longer have the details.

Oh yes - and make sure you send the letter by recorded delivery. That way you can prove it was received by them.

cazaline

Thanks George UK

The agreement was taken outin Scotland and was also defaulted on in Scotland in 2002. Since then no contact or payments have been made and my husband moved to England in May 2003.

Spoke to National Debtline this morning and they said that as he is now in England that English law applies so it would indeed be 6 years (was gutted to find this out). Have sent the above letter totay requesting the CCa and assignment details with the postal order and see what comes back... if they provide these it may still be worth trying to go for the statue barred???

RAS

Caz.

I think you need a second opinion on this as I believe that a debt taken out under Scottish law remains subject to Scottish law even if OH moved to England in May 2003. You need to talk to the debt advisor in Scotland about it , not the National Debtline.

cazaline

what is the debt advisor in scotland please? (sorry to be so thick:o)

GeorgeUK

I'll have another look to see if i can find any documentation on this. It must say something within the CCA regulations (same for both Scotland & England).

One of my fathers friends was visiting this evening (ex bank manager & head office guy at LTSB). When i asked him about it he said it was definately Scotland. Otherwise people would just move across the border to avoid paying their debts. Will let you know if i find anything in documentation.