Originally posted by Amethyst
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Scotland resident confused about statute barred debt
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This thread is very long and I may have missed something important, so can I ask some questions...
You are not the tenant, your mum is? Is this private or social housing?
How large are your mum's debts?
How large are your debts that you are not paying - could you list these saying what the debt collector os and what the original creditors was for each.
Has legal action been started for any of these - not threatened, actual court claim started?
How large are your debts that you are paying? could you list them and say how large the debt is and what you are paying every month.
The payday loans - had you borrowed a lot from those lenders before you defaulted?
I know little about Scottish law. But if MAP is the right route, then I can't see it matters if any of the debts are statute barred or not? Unless including them would take you over the 17k bar?
The write off letters that you send - I would combine these with a request for the CCA agreement. "I would like you to write off this because blah blah. If you decide not to, I would like you to send me the CCA agreement for the debt and I enclose a cheque for £1 blah blah" Take the wording from a standard CCA request letter. This speeds things up rather than doing them separately. Also I think creditors may be more likely to agree to the write off if they know they can't produce the CCA.
I don't know much about MAP. If you were in England it would be ESSENTIAL that you stopped paying anything to Provident and your credit card and any other debts as a DRO (the English equivalent of MAP) can be rejected if you have recently "given preference" by paying some creditors and not others. You either need to pay them all nothing or pay them all £1.
Provident will actually be OK about this. It is a normal part of business for them and they are usually much easier to deal with than other high cost creditors. You just have to pluck up the courage and say No, I cant pay you.
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Thank you DC your input is greatly appreciated on this xxx
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Originally posted by Debt Camel View PostThis thread is very long and I may have missed something important, so can I ask some questions...
You are not the tenant, your mum is? Is this private or social housing?
How large are your mum's debts?
How large are your debts that you are not paying - could you list these saying what the debt collector os and what the original creditors was for each.
Has legal action been started for any of these - not threatened, actual court claim started?
How large are your debts that you are paying? could you list them and say how large the debt is and what you are paying every month.
The payday loans - had you borrowed a lot from those lenders before you defaulted?
I know little about Scottish law. But if MAP is the right route, then I can't see it matters if any of the debts are statute barred or not? Unless including them would take you over the 17k bar?
The write off letters that you send - I would combine these with a request for the CCA agreement. "I would like you to write off this because blah blah. If you decide not to, I would like you to send me the CCA agreement for the debt and I enclose a cheque for £1 blah blah" Take the wording from a standard CCA request letter. This speeds things up rather than doing them separately. Also I think creditors may be more likely to agree to the write off if they know they can't produce the CCA.
I don't know much about MAP. If you were in England it would be ESSENTIAL that you stopped paying anything to Provident and your credit card and any other debts as a DRO (the English equivalent of MAP) can be rejected if you have recently "given preference" by paying some creditors and not others. You either need to pay them all nothing or pay them all £1.
Provident will actually be OK about this. It is a normal part of business for them and they are usually much easier to deal with than other high cost creditors. You just have to pluck up the courage and say No, I cant pay you.
Its a housing association, in my mum's name. I don't know the full scope of my mum's debts but I'd estimate between £5000 and £8000.
Essentially I am not paying just about all my debts. My credit card is due payment on the 5th December so that will also fall into the non payment category. Provident are not expecting payment from me until the 18th December, so that's when that will be registered as non payment.
I have 7 Lowell accounts now, that I can find anyway but I believe there could be an 8th I'm missing. These are for shop direct, Grattan(Look Again) and JD Williams. The one I think I'm missing is a shop direct account, Littlewoods.
I'll try structure this the best I can :
Lowell - Grattan(Look Again) £430
Lowell- Shop Direct- Very- £481
Lowell- JD Williams - £1126
Lowell - JD Williams - £212
Lowell - JD Williams - £545
Lowell- JD Williams - £774
Lowell -JD Williams - £496
Lowell - JD Williams - £71
Robinson Way - JD Williams - £515
Cabot - JD Williams - £1190
Asset Collections - Uncle Buck £198
Active securities - 247MoneyBox - £400
MotorMile Finance - Zebit/Lending Stream - £140
BW Legal - Payday UK - £130
Opos - MiniCredit - £906 (loan was for £100)
Opus Credit card - NewDay - £1600
Provident -£927 in total.
La Redoute - £99
I have not received any court claims yet but there's always tomorrow! Showing preference in Scotland, I don't think it can have the application rejected but instead you can have restrictions placed on you for upto 15 years. Someone correct me if that's wrong.
Come 18th December, all my debts will not have received a payment,
That is as upto date a list as I can create right now, i'm missing information on a littlewoods account, not even sure which DCA it went to.
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