Scotland resident confused about statute barred debt

[Browneyes]

Nahh, they make it insanely easy to get these accounts, had daughter ring me yesterday her friend just got a default notice from a catalogue account for £1500... how they give a non working 19 yr old student a credit limit at that level is beyond me. I had one that I'd got when I was a single parent not working initially for £250 making minimum payments each month, before I could sneeze I had a £3k credit limit and defaulted ( unsurprisingly). So we're all a bit stupid at times... and its all sort outable.

How much is on the catalogues ( and which catalogues - presume Shop Direct is involved ) & how much on the PDL's ? ( around abouts)

You assume correct both Shop direct accounts, Very and Littlewoods are involved but I have to hunt through my old letters to check which one I'm actively receiving letters for because they just say Lowell, and Shop direct. I have one recent letter to hand which shows £480.59. Both had the same credit limit at the time so I'd expect them to be similar in balance. However I also owe JD Williams and Look Again. I had more than one JD account though so I have around 7 Lowell accounts in regards to these. I'm deeply ashamed but what's done is done.

The payday loans were all taken out for £100-£150. However the amounts being claimed range from £60-£906. The £906 is one of the two I was originally questioning as it defaulted 21st June 2013 according to my credit file. I tried to find the last statement I was sent and it showed over £500 in fees for sending letters.

The catalogues range from £70.61 to £1181.89.

I said this is a long story and that's because it is.

My mum is disabled and I'm her carer. I've been on benefits for looking after her since I left university to look after her full time, mid 2017.

Earlier this year my cat was diagnosed with kidney failure with an expected lifespan of 2 years if treated with foods and medications. That was expensive enough and I ended up resorting to a credit card to help pay for the fees, and both her food and mine. The account is technically in good standing until the 5th December.

Then in August, my mum had a really hard time and almost lost some jewellery to the pawn which she got from her late dad. After a few nights of hearing her cry herself to sleep, I decided to get a Provident loan so I could at least renew the pawn ticket for 7 months.

In October, my dog began having chronic vomiting and diarrhoea for a number of weeks. Eventually the vets decided that it should be investigated further as she wasn't responding to treatments. I was told the vet won't accept payment direct from insurance and that I must pay it myself and claim it back. They explained they do offer a credit service but its subject to status, and naturally I did not get approved. I applied everywhere I could, to try get my dog what she needs, and I was refused everywhere except Provident so in October I had to take a second loan. My mum even took a loan with them too, in attempt to raise the funds we needed.

In the end, after calling all of the vets in our city, we found the vet school would be willing to accept payment from insurance provided we pay the excess upfront, and it wasn't technically in the city, it's technically outside so travel there ended up being really expensive. Their findings recommended that the dog's diet be changed, and you've probably guessed it, to a ridiculously priced food.

I only get income support and carers allowance as income so of course I'm in a terrible situation now. I've lost a fair bit of weight as a result of the combined stress of debts, pets and caring. I try to eat 2 meals at most a day to stretch the food longer. For the longest time I was paying my card, then when it cleared I'd use it to buy essentials. Debtline told me in no uncertain terms to stop doing this immediately.

To top it off, I'm unwell at the moment, fighting an infection so I'd much prefer to be curled up on the couch than worrying about this but that's life

[Amethyst]

First - do not be ashamed at all - you have done what you can to get through in difficult circumstances and those kind of companies tend to take advantage.

Re your Dog and Cat - https://www.pdsa.org.uk/what-we-do/why-were-special - good to hear you have some form of insurance for them, but it doesn't actually seem to have helped a great deal when you actually needed it so maybe worth looking at.

Put in complaints about the PayDay Loans following the guide on DebtCamels page I linked you to. Are they with Lowell as well as the catalogues? Usually PDL's end up with lower rank Debt Purchasers.

Send your letter to Lowell regarding your circumstances ( Have Stepchange helped you write this letter ? Are you including your IE AND your circumstances with regards your mum ) - you can just do one letter for all the accounts which have gone over to them ( save on stamps ).

Are you getting all the benefits you're entitled to ? and is your Mum ? ( turn2us is good for checking that - https://benefits-calculator.turn2us.org.uk/AboutYou )

What's not with Lowell ? Provident ? Do they still come round each week for payments ? or has that defaulted ?

The Credit Card - are you just paying the minimum payments on it ? I completely agree with Debtline to stop using it to pay for stuff. You're just juggling and it's costing you about double. Once it defaults ( and tbh it's not going to damage your credit file if it defaults ) the interest/charges stop ramping it up constantly and you can get it under control on your terms.

Are you and your mum on top of the priorities - rent, council tax, utilities ?

Obviously I'm not a debt adviser by any stretch of the imagination - just wondering if the MAP is a bit extreme. if the write off requests don't come off - and Lowell are pretty good now at helping when you are in a vulnerable situation ( which it sounds like you are )

You could also send CCA requests to the whole lot of them ( but I'd wait till after the 'write off' letters have been responded to )

Did Stepchange talk through the 'consequences' and whatnot of the MAP ?

Debt Camel is far more clued up on the formal debt solutions ( and the payday loan stuff ) so hopefully she will be able to pop in - Scotland can be a bit different but principles are the same ( the MAP sounds very much like the DRO here ?)

[Amethyst]

oops nearly forgot.... I still wouldn't respond to 247 Money until there is a bonafide threat of anything actually happening court wise.

[Browneyes]

First - do not be ashamed at all - you have done what you can to get through in difficult circumstances and those kind of companies tend to take advantage.

Re your Dog and Cat - https://www.pdsa.org.uk/what-we-do/why-were-special - good to hear you have some form of insurance for them, but it doesn't actually seem to have helped a great deal when you actually needed it so maybe worth looking at.

Put in complaints about the PayDay Loans following the guide on DebtCamels page I linked you to. Are they with Lowell as well as the catalogues? Usually PDL's end up with lower rank Debt Purchasers.

Send your letter to Lowell regarding your circumstances ( Have Stepchange helped you write this letter ? Are you including your IE AND your circumstances with regards your mum ) - you can just do one letter for all the accounts which have gone over to them ( save on stamps ).

Are you getting all the benefits you're entitled to ? and is your Mum ? ( turn2us is good for checking that - https://benefits-calculator.turn2us.org.uk/AboutYou )

What's not with Lowell ? Provident ? Do they still come round each week for payments ? or has that defaulted ?

The Credit Card - are you just paying the minimum payments on it ? I completely agree with Debtline to stop using it to pay for stuff. You're just juggling and it's costing you about double. Once it defaults ( and tbh it's not going to damage your credit file if it defaults ) the interest/charges stop ramping it up constantly and you can get it under control on your terms.

Are you and your mum on top of the priorities - rent, council tax, utilities ?

Obviously I'm not a debt adviser by any stretch of the imagination - just wondering if the MAP is a bit extreme. if the write off requests don't come off - and Lowell are pretty good now at helping when you are in a vulnerable situation ( which it sounds like you are )

You could also send CCA requests to the whole lot of them ( but I'd wait till after the 'write off' letters have been responded to )

Did Stepchange talk through the 'consequences' and whatnot of the MAP ?

Debt Camel is far more clued up on the formal debt solutions ( and the payday loan stuff ) so hopefully she will be able to pop in - Scotland can be a bit different but principles are the same ( the MAP sounds very much like the DRO here ?)

I literally just got an email from a company called Asset Collections, which I noticed had the same address as the active securities one. This is for a different payday loan of £197.21. So far the Payday loans seem to be companies like I mentioned, and Opos, which used to belong to a company called Kapama apparently. Lowell only seem to have the catalogue debts.
My mum is the tenant so she receives housing benefit, DLA and ESA, in addition to some council tax reduction. I had already checked with turn2us and found out about a warm home discount my mum is eligible for so have sent off for that. Aside from that, we were already claiming all the benefits we could.
The letter I've got drafted has included a copy of my budget sheet statement in each envelope to be sent off. I asked debtline about sending a blanket letter to Lowell to save on postage, and I was advised it should be fine as long as I include all the account numbers so that was how I drafted the letter anyway. They linked me to a sample letter and I amended it to fit for me.
In terms of the PDSA, my mum is already a registered client. In October either last year or the year before, the PDSA changed their rules from 3 pets treated for free, to 1. My mum already had an asthmatic cat registered so that became her free one. Any other pets are still subject to fees, so we've been told. And they won't let us pay up as apparently too many people don't pay up.
Provident have still had payments from me because they have to come to the house for my mum's loan and I felt really pressured. My friend was helping me with this until I explained the money I owe her may have to be written off if I do have to pull the nuclear trigger, she's no longer speaking to me. My mum is upto date on rent; council tax and water and sewage come off her benefits as she couldn't pay the traditional way and tv licence is paid fortnightly by a payment card.
Credit card payments was either the exact minimum or rounded up to the next pound, they told me my limit would increase twice, but they did give me an option to refuse it.

[ploddertom]

"I plan to send my letters by recorded delivery and I have a few to send off so it's going to end up costly for me."

You can save on the cost of this by getting a free Certificate of Posting for each from the Post Office. You may find that some of who you are planning to write to may refuse any post they have to sign for.

[Browneyes]

"I plan to send my letters by recorded delivery and I have a few to send off so it's going to end up costly for me."

You can save on the cost of this by getting a free Certificate of Posting for each from the Post Office. You may find that some of who you are planning to write to may refuse any post they have to sign for.

I hadn't heard of this. Will this be enough to show it was received though, or can they just play dumb and say they didn't get it so must be lost in the post?

[Amethyst]

Ah Asset... they're getting a bit popular on here. Probs want to do a thread for each debt so you have a bit of a diary and don't get confused

Yip Recorded post isn't necessary - just a posting receipt will do xxx

[Browneyes]

Ah Asset... they're getting a bit popular on here. Probs want to do a thread for each debt so you have a bit of a diary and don't get confused

Yip Recorded post isn't necessary - just a posting receipt will do xxx

Oh my goodness! You both have just singlehandely saved me a small fortune already! I thought for sure the responsibility laid with me to make sure my correspondence reached them. I was expecting them to claim no knowledge of receipt and so the only way to avoid that would be recorded delivery. Honestly, I'm still sceptical about them. Do any of you guys know how friendly or harshly Lowell and Cabot tend to respond to this request? I know its different for every case but I'm just looking for a sense of their historic attitudes to know how little hope I actually have.
I'm still a bit of a tech newbie, especially for being a damn millennial (lol!) so I'm not sure how to make more threads? Pretty sure I made this one in the wrong group as it is haha

[ploddertom]

All you have to do is prove you posted an item and onus is on whoever "receives" it to prove they did not get it. Posted 1st Class it is deemed delivered after 2 working days and for 2nd Class 5 working days. Can't quite remember which section it is but think it might be Section 7 of the Interpretation Act - am sure someone else will correct me if need be.

[Browneyes]

All you have to do is prove you posted an item and onus is on whoever "receives" it to prove they did not get it. Posted 1st Class it is deemed delivered after 2 working days and for 2nd Class 5 working days. Can't quite remember which section it is but think it might be Section 7 of the Interpretation Act - am sure someone else will correct me if need be.

That's perfect! I have copies of everything I'll be sending anyway. So I can take my envelopes into the post office, attach the required amount of stamps and get proof I've sent them?

[ploddertom]

You have to make sure they understand you want a COP for each one & not just 1 for the whole lot. Reason being they should enter the Postcode of each on to the Certificate - just ensure you don't go in 10 minutes before they close otherwise they may tell you to do one and come back.

[ploddertom]

Have a read of this thread https://legalbeagles.info/forums/for...1978-section-7

[Amethyst]

My post office put all the postcodes in as they print the stamps off and then print me a receipt with them all listed. ( Think I just have a really lovely post office though )

[Browneyes]

You have to make sure they understand you want a COP for each one & not just 1 for the whole lot. Reason being they should enter the Postcode of each on to the Certificate - just ensure you don't go in 10 minutes before they close otherwise they may tell you to do one and come back.

You are a star, thank you so much!

[Browneyes]

My post office put all the postcodes in as they print the stamps off and then print me a receipt with them all listed. ( Think I just have a really lovely post office though )

Oh I hope its that easy for me just knowing this has saved me a lot in postage. I have 4 envelopes to send in total, thanks to my bundling all my Lowell account's into one letter. So I can either get one receipt with all 4 postcodes on, or 4 individual ones with the postcodes? I'm not too fussed I suppose, I'm still thrilled at saving postage