Scotland resident confused about statute barred debt

[Browneyes]

First ever post so I expect I will make many mistakes and I apologise wholeheartedly.
I have a bit of a long story and problem with debt, and I've been trying to gather information on all my debts.
Two of them haven't had a payment since early 2013, and defaulted 3 months later.
Stupidly I buried my head in the sand, for way too long, but now I'm trying to deal with it.
Anyway I didn't contact either of these creditors since I stopped payments and I haven't had court papers. It was upon trying to find my documents that I found some terms and conditions which state the credit agreement is governed by English law.
Can that be enforced?
The reason I ask is because under Scottish governed agreements, it would be SB after 5 years from the last payment or default as long as there was no written acknowledgement of the debt, but 6 years in England and Wales.
If Scottish Law applies, it's already SB but if not, it would become so early 2019 under English law, and so they have started writing to me trying to push me to contact them.
I won't go into my other issues on this first post, as I don't want to confuse things for anyone but some advice one way or the other would be great

[ploddertom]

Who's writing to you - Creditor themselves or a Debtt Collector?

[Browneyes]

Who's writing to you - Creditor themselves or a Debtt Collector?

Accidentally replied to myself and I'm not sure how to delete it. Here's what I meant to send in response: One is a debt collection agency, the other is saying its a debt collection agency but at the bottom it says that they are a trading name of the original creditor

[Amethyst]

Sorted

Can you say who it is?

[Browneyes]

Sorted

Can you say who it is?

Thank you! Sorry I'm new to all this. Yeah so one is a payday loan owed to 247MoneyBox. Their collection letters have been from a company called Active Securities Limited but at the bottom it says that 247MoneyBox are a trading name of Active securities

[Amethyst]

Ahhh, yes - https://register.fca.org.uk/ShPo_Fir...000000kh3waAAA

Are they quite open about being the same company or are they being a bit misleading that they are a more serious ( lol ) debt collection company ?

I was just going to say, no, limitations isn't contractual and Scots 5 years would apply but I had a look to find a reference for that and came across this article by Mike Dailly - https://www.linkedin.com/pulse/paper...ts-mike-dailly - I can't see a resolution on it so I've asked him.

Are they threatening action or just starting chasing and trying to get you to make contact ? Unless there's a serious indiciation of pending court action I think I'd stay under the radar for as long as possible.

[ploddertom]

I would guess they are hoping you don't know about the 5 year rule in Scotland and unlike England/Wales the debt is extinguished I believe, maybe Amethyst could confirm that?

[Amethyst]

Indeed. In Scotland once you're past 5 years that means the debt no longer exists and that's that. In England it still exists and they can still bug you for it, although under FCA rules they should stop when you inform them it is statute barred.

Ref https://www.legislation.gov.uk/ukpga/1973/52/section/6

(1)If, after the appropriate date, an obligation to which this section applies has subsisted 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:

[Browneyes]

Ahhh, yes - https://register.fca.org.uk/ShPo_Fir...000000kh3waAAA

Are they quite open about being the same company or are they being a bit misleading that they are a more serious ( lol ) debt collection company ?

I was just going to say, no, limitations isn't contractual and Scots 5 years would apply but I had a look to find a reference for that and came across this article by Mike Dailly - https://www.linkedin.com/pulse/paper...ts-mike-dailly - I can't see a resolution on it so I've asked him.

Are they threatening action or just starting chasing and trying to get you to make contact ? Unless there's a serious indiciation of pending court action I think I'd stay under the radar for as long as possible.

Its hard to say because its addressed and headed from Active Securities but they do have it down the bottom. That's not really my concern though as the terms and conditions say the loan is governed by English law. I checked my credit file, and this one was defaulted March 2013. The other one defaulted June 2013. I already drafted and printed a letter to send to deny the debt based on statute barred but I won't be able to send it off until Monday but I'm fairly sure their response will be that it is governed by English law. I can't send until Monday as I don't have money for postage until then. I read that link you sent, I wish an update had been posted of the outcome!

[Browneyes]

Indeed. In Scotland once you're past 5 years that means the debt no longer exists and that's that. In England it still exists and they can still bug you for it, although under FCA rules they should stop when you inform them it is statute barred.

Ref https://www.legislation.gov.uk/ukpga/1973/52/section/6

Sorry in terms of the content of the letters and emails, it says that payment is now overdue so collection activities will be carried out using all information they have for me, including home, work and mobile. The email then says to click a link to see what available discount offers and repayment plans are available but I have not clicked it

[Amethyst]

If you can bear a few letters and blocking their number for calls I think hold on before replying to them - you're 6/7 months from them being stat barred regardless of which Law applies and the letter does just sound like a chaser rather than a specific court threat - if you did get a court thread/ letter before action then respond, but just general 'get in touch and pay us' letters you should be safe to ignore.

[Browneyes]

If you can bear a few letters and blocking their number for calls I think hold on before replying to them - you're 6/7 months from them being stat barred regardless of which Law applies and the letter does just sound like a chaser rather than a specific court threat - if you did get a court thread/ letter before action then respond, but just general 'get in touch and pay us' letters you should be safe to ignore.

Well the reason I was looking to dispute it is because I may have to file for a form of bankruptcy for my other debts. I do have a large amounts of debts but these two are the only ones so close to being SB. I spoke with stepchange and detbline and they both recommended that I write to all my creditors to explain my situation and request they write off the debt but should they be adamant they will not do this, I will need to apply for something called Minimal Assets Process bankruptcy. This in itself if causing me worries as my phone contract and my mum's contract are in my name. I was able to call my bill provider and request to change my one to Pay as you go as it was out of contract but the one I give to my mum isn't even a year on this contract and I don't want to cause her to lose he number or phone, she's disabled.

[Amethyst]

That'll be the long story part then...

• Your debts are more than £1,500 and less than £17,000

Are most of these debts of a similar type ? ( high cost short term credit / payday loans etc )

( thinking https://debtcamel.co.uk/payday-loan-refunds/ )

[Browneyes]

That'll be the long story part then...

Are most of these debts of a similar type ? ( high cost short term credit / payday loans etc )

There's around 3 or 4 payday loans but the majority of the debts are actually catalogue debts. The last payday loan was from 2014 but the catalogues were opened 2015 and defaulted 2016. Lowell and Cabot are the ones who control or own these.
I know I was stupid, and I made it worse by ignoring it. But I'm trying to get a handle on it now but I just have no money left after I and E by stepchange and debtline.
I've drafted the letters to ask for the debt to be written off but for the same reason, I can't post until Monday due to postage. 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.

[Amethyst]

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)