Please help...

rog2

cazaline wrote: »

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).

This just can not be correct - if that were the case, then English 'debtors' who move to Scotland would 'benefit' from Scottish Law on their 'English' debts. I somehow doubt it.

cazaline

Must admit thats what i thought Rog2...Capquest rang twice last night now agreeing that we could have a full and final settlement for £6500 today and then £500 at the end of the month but it was a one off offer and that we should realise how lucky we are!!! :mad:

Told them that we would only communicate by writing and asked them not to contact us again..hopefully they will have recieved the letter today requesting the CCA

rog2

cazaline wrote: »

Must admit thats what i thought Rog2...Capquest rang twice last night now agreeing that we could have a full and final settlement for £6500 today and then £500 at the end of the month but it was a one off offer and that we should realise how lucky we are!!! :mad:

This is because they know that they are unlikely to be able to 'enforce' the 'debt' and they are hoping to divert your attention away from your legal rights in the hope of still making a fast buck out of you.
Stand your Ground against these thugs.

GeorgeUK

I read through the regulations (and it is soooooo boring) but it just tyed me in knots. Couldn't really understand the legalese as the document was so big, but it makes not mention of governing laws.

If you're really in doubt about this, i suggest being sneaky. Go to a RBoS Branch or call them and say you were thinking of opening an account at some time in the future - not right now, but say you may be moving to Scotland (which is why you aren't opening it right now) and were wondering if the law covering your agreement would change from English to Scottish if you moved. They'll probably ask why you would want to know, but just say your hubby asked you to check (and shrug).

I know this is overkill, but i am betting whoever "advised" you was just guessing.

Got this from the FSA site

Consumer Contact Centre
Our Consumer Contact Centre can answer general enquiries about financial products and services. We can also tell you if a firm is authorised and point you in the right direction if you don't know who to contact.

You can contact us by calling our Consumer Helpline (call rates may vary):

0845 606 1234

GeorgeUK

Did a few emails as i was surprised at the national helpline response.

George

It is my understanding that the applicable law is the one stipulated in
the contract. In the case you have outlined that would be Scottish
law.
However, and not withstanding that Consumer Action suggested you
contact us, it might be in your best interests to seek a definitive answer from
a solicitor.

##### ########
Technical Advice Desk
020 79641400 (tel)
020 79641401 (fax)
technical.advice@financial-ombudsman.org.uk

So the financial ombudsman says it is also Scottish law. I don't suppose you have the old paperwork to check the T&C?

I would still send off that statute barred letter. If they don't think it is barred, they will soon get back to you about it.

cazaline

Received my letter saying the account is on hold for 28 days until they provide us with the cca...by my reckoning the 12wd+ 2d if I posted the letter on monday the 19.11.7 will be thursday 6.12.7...is this right Thanks all again

rog2

cazaline wrote: »

Received my letter saying the account is on hold for 28 days until they provide us with the cca...by my reckoning the 12wd+ 2d if I posted the letter on monday the 19.11.7 will be thursday 6.12.7...is this right Thanks all again

Quite correct, caz.

cazaline

Hi there

Just to ask what to do next? The 12wd+2d was up yesterday and we have not recieved anything back from capquest...what should we do now and does this mean they can not now keep hassling us? Should I contact them to see if that is the end of the matter?

Thanks once again to you all, you have been great help:A

RAS

Hi love

The CCA really is irrelevant.

This debt is statute barred and you need tio send the statute barred letter. Then they have to go away.

Will find it.

RAS

Hi it was in the link that rog provided and anoother OP mailed up previously.



Dear Sir/Madam

Account No: _____________________________

I do not acknowledge any debt to your company.

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)