Having a bit of a problem with Scottcall

[TUTTSI]

Re: Having a bit of a problem with Scottcall

I will leave this to Labman to sort out jurisdiction for you as he is the expert.

Hi there ... I live in England, however Scottcall are based in Glasgow if it makes any difference. In answer to my credit file, I have never seen a copy of it, I am new to all this.
simon.

[Bill-K]

Re: Having a bit of a problem with Scottcall

If it helps, the Scottish version of the LA is the Prescription and Limitation (Scotland) Act 1973. Part 1, Section 6 says:-
" Extinction of obligations by prescriptive periods of five years.

(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... "

[TUTTSI]

Re: Having a bit of a problem with Scottcall

All we need now is for Labman to sort out the jurisdiction and to post up both copies of the SB debts letter one in scots law and one in English law to help both posters.

If it helps, the Scottish version of the LA is the Prescription and Limitation (Scotland) Act 1973. Part 1, Section 6 says:-
" Extinction of obligations by prescriptive periods of five years.

(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... "

[labman]

Re: Having a bit of a problem with Scottcall

ENGLAND AND WALES:

Statute Barred Debt (England and Wales)

Please bear in mind you should never admit that you had the account, it should always be referred to as an 'alleged account' or ‘the account you refer to.’ Do not use the term 'My Account' or you risk resetting the 6 period. Also ensure you sign it using a computer font, not your own handwriting. This applies equally to Scotland.


Dear Sir,

Re: Statute Barred Account No/Reference No XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I 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 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 to 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 in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me 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 statue barred could amount to harassment.”

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully,

Type your name

__________________________________________________ __________________________________________________ _______________

SCOTLAND:



Dear Sir,

Re. Statute Barred Account No/Reference No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 states:

If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 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 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 of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.
I look forward to your reply.

Yours faithfully,

Print Your Name in Computer Font

[confuciused]

Re: Having a bit of a problem with Scottcall

Thanks a lot for the SB letter for Scotland.
I wonder if you can clarify whether I can use it: I moved to Scotland from England over 3 months ago and am now being pursued for a debt where the last payment I made was in August 2008. There has been no contact or acknowledgment since then but out of the blue a DCA has started sending me letters to my old English address demanding full repayment which have been forwarded to me. Can anyone tell me whether the Scottish SB rule is applicable as I have been resident in Scotland for 3 months now or whether it would only apply after I have been resident for 6 months? I was resident in Scotland for about 4 months in 2011 and then moved back to England and now I am back in Scotland permanently. I have read on some posts that you need to be resident for 6 months in order to claim that the Scottish rules apply but I can't find any reference to an actual statute. Elsewhere I read that there is a law that says 3 months residence is sufficient. Any advice would be really appreciated. Thanks again.

[labman]

Re: Having a bit of a problem with Scottcall

I can't answer your question I'm afraid. I think Bill K might be your best bet for that, but I'm not sure. I am not at all clued up on Scottish Law - sorry:beagle:

Don't know if this link is any use though?

http://www.govanlc.com/suedinengland.htm

[ODC]

Re: Having a bit of a problem with Scottcall

Labman sorry to pee on your parade but the letter you supplied does not apply to Northern Ireland Statute Barred Law which is The Limitation (Northern Ireland) Order 1989

[simonjohn]

Re: Having a bit of a problem with Scottcall

Thanks Labman, but sorry to sound a bit thick, but how do I determine the date of action as I have had none of the information that was requested from the collection agency? Also if a credit report is what I need, there seem to be many companies offering this service, do you have a prefered one?
Simon.

[labman]

Re: Having a bit of a problem with Scottcall

Labman sorry to pee on your parade but the letter you supplied does not apply to Northern Ireland Statute Barred Law which is The Limitation (Northern Ireland) Order 1989

Thanks ODC - very useful. It's always good when others point out mistakes - much appreciated, and post edited accordingly. :beagle:

[labman]

Re: Having a bit of a problem with Scottcall

Thanks Labman, but sorry to sound a bit thick, but how do I determine the date of action as I have had none of the information that was requested from the collection agency? Also if a credit report is what I need, there seem to be many companies offering this service, do you have a prefered one?
Simon.

Simon, I'm am sort of going to duck your question for a reason. The 'cause of action' can be a complex thing to work out. National Debtline have an excellent factsheet HERE on this. I've copied and pasted below if this is easier for you.

Factsheet | Liability for debts and the Limitation Act

Quicklinks

1. What is the Limitation Act?
2. What does 'statute-barred' mean?
3. When can I use the Limitation Act?
4. When does the limitation period start running?
5. Office of Fair Trading
6. Financial Ombudsman Service
7. County court judgments
8. Joint debts
9. Sample letter

What is the Limitation Act?

The Limitation Act 1980 sets out the rules on how long a creditor (who you owe money to) has to take certain action against you to recover a debt. The time limits do not apply to all types of recovery action. Also, the time limits are different depending on the type of debt that you have. This fact sheet outlines when you can use the Limitation Act, and includes a sample letter you can use.
Limitation periods for debts are important, because if the creditor has run out of time, you may not have to pay the debt back.
Back to top Phone us for advice 0808 808 4000
What does ‘statute-barred’ mean?

If a debt is barred under statute, it means that by law (the Limitation Act), the lender has run out of time to use certain types of action to try and make you pay the debt.
Statute-barred does not mean the debt no longer exists. In some circumstances, the creditor, or a debt collection agency, can still try and get money from you. You can choose to pay if you wish. Even if the debt is statute-barred, it may still be on your credit reference file. This may make it harder for you to get further credit.
Fact sheet We have a fact sheet on Credit reference agencies, which may be of assistance to you. Phone us for a copy on 0808 808 4000 or see www.nationaldebtline.co.uk.
Back to top Phone us for advice 0808 808 4000
When can I use the Limitation Act?

This depends upon the type of debt you have. We cover the main types of debt in this fact sheet. If your type of debt is not included, phone us for advice.
Back to top Phone us for advice 0808 808 4000
When does the limitation period start running?

Whatever the limitation period is, for example six or twelve years, it is important to understand exactly when the time limit started. Under the Limitation Act, time starts to run from the 'cause of action'. This is not the same for all types of debt, so be careful. In this fact sheet, we look at the cause of action for the main types of debt. If your debt is not included, phone us for advice.
Unsecured credit debts

Unsecured credit debts are things like credit cards, store cards, personal loans and catalogues. When using the Limitation Act, these debts are often called ‘simple contract debts’.
The Limitation Act says that the limitation period for simple contract debts is six years.
The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This is normally after one or two missed payments. Sometimes, a debt will have no set repayment time. For these sorts of debts, working out the cause of action is more difficult. Phone us for advice.
A simple contract debt will normally be statute- barred if:

• the creditor has not already obtained a county court judgment (CCJ) against you;

and

• you or anyone else owing the money (if your debt is in joint names) have not made a payment towards the debt during the last six years;

and

• you have not written to the creditor admitting you owe the debt during the last six years.

What should I do next?

If you are being contacted about one of these debts, and you think it may be statute-barred, you can use the sample letter at the end of this fact sheet. Write to the creditor telling them about the Limitation Act. Keep a copy of any letters you send.
Advice Burden of proof
Once you have told the creditor or debt collection agency that you are disputing the debt because you think it is statute-barred, it is up to them to prove otherwise. Don't be afraid to ask for evidence if they tell you a payment has been made, or a letter received.
If you have one of these debts, but you have not heard anything about it for some time, you could choose to ignore it. However, debts can appear again ‘out of the blue’, so you need to accept this might happen.
Information If your debt is regulated by the Consumer Credit Act, you may still get letters even if the debt is statute-barred. This is because the law says that some ‘notices’ must still be sent even if the debt is over 6 years old.
You also need to check whether any court action has already been taken. This is because if it has, time limits may not apply and you could be at risk of enforcement action such as bailiffs. See the later section ‘County court judgments’ for more information. If you are not sure whether court action has taken place, you can check your credit file, or the official Registry of Judgments, Orders and Fines. Phone us for advice.
Advice If you have made payments towards a debt where the limitation period of 6 years has already gone by, and no court action has already been taken, the debt is probably unenforceable. Phone us for advice.
Back to top Phone us for advice 0808 808 4000
Office of Fair Trading

The Office of Fair Trading (OFT) has issued debt collection guidance which looks at whether a debt is being collected fairly. Although the OFT cannot investigate individual complaints, you can still use their guidance when disputing a debt on the grounds of limitation. All of the guidance applies, no matter how old the debt is. On limitation in particular, the OFT considers it ‘an unfair business practice’ for a creditor to:

• “pursue the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period. If a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt (section 3.15 (b) i).
• mislead debtors as to their rights and obligations (section 3.15 (b) ii).
• continue pressing a debtor for payment after he has stated that he will not be paying a debt because it is statute barred (section 3.15 (b) iii)”.

You can make a complaint to your local trading standards department, who can look into your case. You can also complain to the OFT, as they can look into companies' behaviour, even though they cannot deal with individual complaints. See ‘Useful addresses’ at the end of this fact sheet, or phone us for advice.
Back to top Phone us for advice 0808 808 4000
Financial Ombudsman Service

You may be able to complain to the Financial Ombudsman Service (FOS) about the way a company has dealt with your account. You must follow your lender's complaints procedure first. You can only use FOS to complain about events that happened from April 2007 onwards. See ‘Useful addresses’ at the end of this fact sheet, or phone us for advice.
Council tax

A council should not go to the magistrates' court and ask for a liability order for council tax, more than six years after the council tax became due. This is under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992.
The cause of action (when the limitation period starts running) for council tax, is when the council first sent a bill to you. Unreasonable delays in sending bills could be grounds for making a complaint to the local authority and, if unresolved, the Local Government Ombudsman. Phone us for advice.
Warning Once the council has obtained a liability order, there is no time limit for enforcing it. There may be limits on how the council can enforce old liability orders. Phone us for advice.
Mortgage shortfalls

A mortgage shortfall can happen if your home is repossessed, and not enough money was raised by the sale to pay the balance owing on the mortgage and any secured loans. Your lender may then chase you for the remaining amount.
The Limitation Act says that the limitation period for mortgage shortfalls is twelve years for capital owed, and six years for the interest part of the shortfall.
The cause of action (when the limitation period starts running) for mortgage shortfalls, is usually when the lender is entitled to be repaid in full. Under the terms of most mortgages, this is normally after two or three missed payments.
Mortgage shortfalls can be complicated, if you have one of these, phone us for advice.
Fact sheet We have a fact sheet on Mortgage shortfalls, which may be of assistance to you. Phone us for a copy on 0808 808 4000 or see www.nationaldebtline.co.uk.
Income tax and VAT

There is no time limit for recovery of tax, duty, or any related interest. However, National Insurance is not classed as a tax and is therefore subject to a six year limitation period.
Factsheet We have a fact sheet on How to deal with business debts, which may be of assistance to you. Phone us for a copy on 0808 808 4000 or see www.nationaldebtline.co.uk.
Benefit overpayments and social fund loans

The Limitation Act says that the limitation period for benefit overpayments and social fund loans is six years.
The cause of action (when the limitation period starts running) for benefit overpayments, is when a final decision is made on the overpayment. This is most likely to be a final decision by a local authority, the Department for Work and Pensions (DWP) or a tribunal.
For social fund loans, the cause of action is when the loan becomes due for repayment.
Information To recover overpaid benefits, the DWP and local authorities can use the normal county court route. There is also a fast-track process of registering the debt in the county court, as if it were payable under a county court order. If this happens, phone us for advice.
If the local authority or DWP tries to issue a county court claim against you for an overpayment of benefit, and you think it is statute-barred, you can put in a defence. Phone us for advice.
However, if you are getting ongoing benefits, the DWP or local authority can take money directly from your benefit to repay overpayments. This is a complicated area, and the law may soon change. Phone us for advice.
Student loans

There are ‘old style’ and ‘new style’ student loans. Old-style student loans are for students who started their university course before September 1998. New-style student loans apply to students starting their course from September 1998 onwards.
The Limitation Act says that the limitation period for student loans is six years.
The cause of action (when the limitation period starts running) for old–style student loans, is usually when the loan became due for repayment in the April following the conclusion of your course. However, if you asked for it to be deferred within the six year limitation period, this would have restarted the limitation period.
For new-style student loans, the cause of action is likely to be when your earnings reach the set level at which deductions from your wages can begin. Because the Student Loan Company can take money directly from your wages, it might be more difficult to use the Limitation Act. Phone us for advice.
Child support agency (CSA)

If you owe money to the CSA, the limitation rules can be complicated. From 12 July 2006, there is no time limit within which the CSA must apply for a liability order. Once the CSA has a liability order, a six year limitation period applies for them to use certain types of enforcement, such as bailiffs. There is no time limit for them to use enforcement such as disqualification from driving or imprisonment.
Advice You might be able to complain if you think there has been an unreasonable delay in action being taken. Phone us for advice.
There are some ways the CSA can try and make you pay that do not require them to have a liability order at all. These include taking money from your wages, benefits or bank account. Phone us for advice.
Back to top Phone us for advice 0808 808 4000
County court judgments

Once a creditor has a county court judgment (CCJ) for a debt, the Limitation Act does not put any time limits on how long they have to enforce that judgment.
Advice If your CCJ is more than 6 years old, and the creditor wants to use bailiffs or High Court Enforcement Officers, they must first get permission from the court.
If you think the creditor has been to court and got a CCJ against you after the six year limitation period has passed, you can ask the court to ‘set aside’ the CCJ so you can put in a Limitation Act defence.
Factsheet We have a fact sheet on Setting aside a judgment in the county court, which may be of assistance to you. Phone us for a copy on 0808 808 4000 or see www.nationaldebtline.co.uk.
Advice If a creditor already has a county court judgment (CCJ) against you, there is no limitation period to make you bankrupt. If there is no CCJ, there is a 6 year limitation period to make you bankrupt (as long as you owe more than £750).
Back to top Phone us for advice 0808 808 4000
Joint debts

If you have a debt that is in joint names with another person, this means your creditor can chase either or both of you for the full amount. You do not only owe 50% each.
If you think your joint debt might be statute barred, you need to check if the other person has made any payments. If they have made a payment within the limitation period, this means the time limit restarts again for both of you.
If the other person has not made any payments, but has admitted to the creditor that they owe the debt, the time limit will only restart for them.
If you are having problems finding out if the other person has made any payments, phone us for advice.
My Money Steps

My Money Steps is a secure, confidential, online debt advice service, available from National Debtline's website www.nationaldebtline.co.uk.
If you would like to use My Money Steps you will need to enter some details about your circumstances, including your income and expenditure. My Money Steps can help you to work out a budget and give you personalised advice about what options you might want to consider to help you deal with your debts.
Please be aware My Money Steps does not help you complete a business budget sheet. If you are self-employed, please contact Business Debtline for advice on 0800 197 602.

Back to top Phone us for advice 0808 808 4000
Debt is statute-barred - sample letter

Use this letter to help you dispute liability for ‘simple contract’ debts. You must be reasonably sure that you have not made a payment or written acknowledging that you owe the debt during the six years. Keep a copy of all letters you send.

(Your home address)
__________________
__________________

Date:______________

To:

Without prejudice

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 point out that in their Debt Collection Guidance, the OFT regard the following unfair or improper business practice for a creditor to:

• pursue the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period.
• continue to press a debtor for payment after he has stated that he will not be paying a debt because it is statute barred.

The last payment or acknowledgement 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.
I/we await your written confirmation that no further contact will be made concerning the above account and that this matter is now closed.
Yours faithfully
(Your signature)



Re. the Credit Reference Agencies, there's the free one Noddle, but I'd send £2.00 to each of these to see what is recorded.

Experian Ltd
Consumer Help Service
PO Box 8000
Nottingham
NG80 7WF
Tel: 0844 481 8000
www.experian.co.uk
(You can also order your credit report on the internet or by telephone.)



Equifax plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US
Tel: 0844 335 0550
www.equifax.co.uk
(You can also order your credit report on the internet.)



Callcredit Ltd
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ
Tel: 0870 060 1414
www.callcredit.co.uk


I hope that helps you. :beagle:

[confuciused]

Re: Having a bit of a problem with Scottcall

Cheers Labman, that is a really helpful link, it looks as if 3 months residence is sufficient. Thanks again for your help.

[ODC]

Re: Having a bit of a problem with Scottcall

Thanks ODC - very useful. It's always good when others point out mistakes - much appreciated, and post edited accordingly. :beagle:

Snotcall probably wouldnt even know anyway

[labman]

Re: Having a bit of a problem with Scottcall

All we need now is for Labman to sort out the jurisdiction and to post up both copies of the SB debts letter one in scots law and one in English law to help both posters.

Letters posted Tutts! Sorry - my health demands I sleep in the afternoon, so there was a gap in me being online. I have a dog that needs walking as well lol!

Just for reference, I make no claims to be an expert in any of this. I'm a VERY keen amateur, but importantly, when it comes to Scottish Law, I honestly have not got a clue, so I leave jurisdiction to the Govan Law Centre who are pretty competent - link provided. :beagle:

[labman]

Re: Having a bit of a problem with Scottcall

ODC - I've been Googling to try to find a template letter for Northern Ireland. Would you mind looking at the one for E&W, and seeing if one could simply replace the name of the legislation or not? It would be good to have all UK bases covered. :beagle:

[ODC]

Re: Having a bit of a problem with Scottcall

Will do. I have one on a hard drive somewhere.