scotcall limited

cupoftea2 · 22 June 2011 at 1:01PM

I wonder if anybody can help me.

I had a debt with lloyds tsb some time ago..the last payment i made to them for this debt was almost 6 years ago i dont know the exact month i just know it was the summer of 2005. This debt got passed to various creditors, i have had the odd letter over the years the last one was a couple of months back from Aktiv Kapitol. I have never replied back to these letters. I rang the national debt line last year and they said to send them the letter about not having any contact for 6 years but i didnt as it hadnt been this that long.

This morning i have had a letter from a company called Scotcall saying they are going to pay me a personal visit. Im not sure from this letter if the debt has been taken on by themselves or they are collecting on behalf of Aktiv. As its only another month or two until the 6 years are up i dont want to contact them and put my foot in it. How likely is it that they will have proof of my last payment to Lloyds tsb in 2005?

Please dont judge me on this i had a really hard time around the time the debt started and i constantly contacted tsb asking them to be patient whilst i tried to sort it out but they kept hounding me to a point where i was suicidal, after i got back on my feet i just couldnt think about all this debt without breaking out in a sweat and dealt with it by burying my head in the sand.

fermi · 22 June 2011 at 1:28PM

I wouldn't worry about Scotcall.

It's very unlikely that anyone will turn up.

Even if they do, they have no rights or powers to do anything. You just tell them to "bog off". If they cause hassle or won't leave, then you call the police.

It's sounds likely that the debt is already statute barred, but as you say, it's best to wait until you are totally sure.

Then you can send them the appropriate letter from this link.

https://forums.moneysavingexpert.com/discussion/2606811

cupoftea2 · 22 June 2011 at 3:47PM

Is it true if you open your front door or leave a window open these people can come in? Or is that only for debts such as unpaid council tax etc...

If i just open the door to these people and say i have no knowledge of this debt what will they do?

fermi · 22 June 2011 at 3:58PM

You are thinking of court bailiffs.

These people ARE NOT bailiffs. They have no legal powers at all.

The postman has more legal right to set foot on your property than these people do.

They cannot enter you house without permission, and if they took anything it would be THEFT.

If you tell them you dispute the debt, then they will have no choice but to bu**er off. As said, if they refuse or cause trouble, then you call the police to make a complaint and have them removed.

gillypkk · 22 June 2011 at 4:07PM

ive had dealings with scotcall!! had to call the police!!

they do turn up. i told the "lovely gentleman" not to come back onto my property then he came back a couple months later shouting the odds and threatening me infront of my 4 year old while my 1 year old was asleep upstairs and refused to leave my property as it was council and i had no right to tell him he couldnt be there as only the council could do that (nope ive no idea where he picked this little gem up from but he was laughed at by me and cautioned by the polcie about it!!) i was clever enough to take down the reg of his car coz he refused to give me his name so the police quickly traced him and called scotcall then the guy voluntarily handed himself into the station for interview.

funniest thing ever was he was over 6 foot, absoloutly massive, shaved head with tattoos on his scalp and im 5 foot 1 yet he says he felt threatened by me?!?! hahahaha! he has now been told if he returns a 3rd time he will be arrested i doubt he is stupid enough to come back here!

i would send the letter by email or recorded then if someone does turn up you can truthfully tell them there no longer is a debt owed and to get off your property and never come back before slamming the door in his face.

fermi · 22 June 2011 at 4:11PM

gillypkk wrote: »

they do turn up.

By far the exception rather than the rule thankfully.

Welshdebtor · 22 June 2011 at 4:24PM

Send them a letter along the lines of ...... (amend as you see fit)

Thank you for your letter dated______ where you mention it is your intention to arrange a “doorstep call”. Please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384
. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Or just wait for the visit and use your rights to tell him/her to leave and never to come back. If they wish to return they will need to arrange an appointment and your appointment fee is £200 each time :rotfl::rotfl:

In serious terms what I mean is either send the letter or do what others suggest if you do get a visit.

cupoftea2 · 22 June 2011 at 4:24PM

Phew this has put my mind as ease i was thinking they were bailiffs when it said they were going to pay me a visit......im glad they have no rights.

Cant believe they were shouting infront of your children, at least you didnt give in to them and phoned the police, i will be doing the same when they come.

I will leave it a couple of months until im sure the six years are up then il fire off that letter.

Does anyone know though if these companies have the original documents and agreements from the original creditor? Like i said it was with tsb but has been passed to a few different companies. If i was to send the letter now do you think they would be able to prove i made a payment in the summer of 2005?

Welshdebtor · 22 June 2011 at 4:31PM

cupoftea2 wrote: »

Phew this has put my mind as ease i was thinking they were bailiffs when it said they were going to pay me a visit......im glad they have no rights.

Cant believe they were shouting infront of your children, at least you didnt give in to them and phoned the police, i will be doing the same when they come.

I will leave it a couple of months until im sure the six years are up then il fire off that letter.

Does anyone know though if these companies have the original documents and agreements from the original creditor? Like i said it was with tsb but has been passed to a few different companies. If i was to send the letter now do you think they would be able to prove i made a payment in the summer of 2005?

Maybe, but that is not important, more important is if they can proof you paid/made contact in 2006.2007,2008,2009,2010 or so far during 2011. Which they can not as you say you have not.

fermi · 22 June 2011 at 4:33PM

cupoftea2 wrote: »

I will leave it a couple of months until im sure the six years are up then il fire off that letter.

Does anyone know though if these companies have the original documents and agreements from the original creditor? Like i said it was with tsb but has been passed to a few different companies. If i was to send the letter now do you think they would be able to prove i made a payment in the summer of 2005?

Sometimes they can get the agreements and payment details. Sometimes they can't.

They will quite often be able to get hold of the last payment date or default date though, so honestly I would be tempted to hold back until you are as certain as you can be before writing any letter.

fermi · 22 June 2011 at 4:36PM

Basically, don't write in any shape or form until you are certain the 6 years is up.

Then send:

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

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 Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I/we 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 or payment of this debt was made over six 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 Section 5 of the Limitation 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 contrary to section 40 (1) of the Administration of Justice Act 1970".

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

scotcall limited

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