Having a bit of a problem with Scottcall

[simonjohn]

Hi there. I recieved back in June a letter from Scottcall, claiming that I owed money from an old Vanquis card to which I sent this letter.

Dear Sir/Madam
I do not acknowledge any debt to you or any other company or organization that you claim to be representing.
I enclose the sum of £1 whichis the required payment, and under sects 77-79 of the Consumer Credit Act 1974,I am asking for a copy of the original agreement signed by me, and a fullstatement of account showing the dates of any alleged payments, non orotherwise and any interest calculated on the account. To comply with the act Iam entitled to receive this information within 12 working days. Now that I havemade contact with your company in writing, I am asking that any further communicationbe conducted in the same manor, and that any calls made to me by telephone atmy home address or via my place of work may be considered unreasonable behaviour by your company, and will result in your company being reported tothe Office of Fair Trading.


Yours Sincerely etc. etc.

Since then we have had a visit to our home address which I ignored at the time, as if they had returned, then I would of shown them this letter. They have now started calling by telephone to my place of work which is putting me in a very awkward position. I realise I 'said 'that they will be reported, however should I, and more to the point how do I ? etc.
Any advice as to what my next move should be would be greatefully appreciated.
Many Thanks
Simon.

[labman]

Re: Having a bit of a problem with Scottcall

Put in writing and tell them that you will only deal with them in writing, as is your right under the OFT Debt Collection Guidelines 664. Start logging the date, time and place of their telephone calls in case it starts to amount to harassment.

In terms of reporting them, yes, do it! Just Google 'How to complain to the OFT' and it will tell you. The site is down for maintenance at present, so I can't post the link sorry. :beagle:

[simonjohn]

Re: Having a bit of a problem with Scottcall

Thanks Labman this will be a great help. In my letter to them I asked for the usual info to be provided, and Have not recieved anything from them, let alone in the time frame given; Is this something I should include in my reply, or should it be kept for later ?
Either way can you suggest a template letter I might usefor the failure to supply the requested information , I have looked and don't seem to be able to find anything that specific.
Many Thanks
Simon.

[labman]

Re: Having a bit of a problem with Scottcall

Simon,

There are two ways of approaching debts. LB will support you as well as it can with either approach, but only you can decide which you want to take.

The first is basically where you make sure they have the right to collect the debt and everything is as it should be, then set up a repayment arrangement which is affordable and sustainable for you.

The second approach picks up on technical breaches and delays payment for as long as possible, potentially for the full 6 years until it becomes Statute Barred.

Only you can decide which route you wish to take, and that would affect what you do at this stage, so have a think and let us know, then we can suggest where you go from this point. :beagle:

[simonjohn]

Re: Having a bit of a problem with Scottcall

I have got a fairly good idea that That I have made no payments on this debt for well over 6 years.The amount actually owed is also unclear to me. My memory is poor at best for dates And I was initially seeking clarification of dates, amount etc as the alleged sum just seems to be something plucked out of thin air.
Simon.

[labman]

Re: Having a bit of a problem with Scottcall

I have got a fairly good idea that That I have made no payments on this debt for well over 6 years.The amount actually owed is also unclear to me. My memory is poor at best for dates And I was initially seeking clarification of dates, amount etc as the alleged sum just seems to be something plucked out of thin air.
Simon.

A fairly good idea, or you are sure about payments within the past 6-7 years? There's a template letter you can send which is carefully worded not to reset the 6 year period saying you believe the debt is SB. Would you like a copy of this to send?

[simonjohn]

Re: Having a bit of a problem with Scottcall

I know I havn't made any payments for years, I'm un sure of just how long. I foolishly did not send my original letter of reply to them with any proof of reciept at their end, should I re apply for this information first before going down the possible statute barred route ? If you think the SB is the best idea, then yes can I have a copy oif the letter please.
Simon.

[TUTTSI]

Re: Having a bit of a problem with Scottcall

Is this under Scottish Law or English Law?

[Bill-K]

Re: Having a bit of a problem with Scottcall

Is this under Scottish Law or English Law?

Very good point, Tuttsi. You have beaten me to it !!!

[TUTTSI]

Re: Having a bit of a problem with Scottcall

The reason for my question is if this is under Scottish law you have 5 years not 6 as in English Law.

[labman]

Re: Having a bit of a problem with Scottcall

It also requires a totally different SB letter. I can provide one for Scotland as well though!

Out of interest, when was the account defaulted on your credit file?

[TUTTSI]

Re: Having a bit of a problem with Scottcall

Simonjohn - in case I wasn't clear in my previous post- we need to know whether this is being pursued under English or Scots Law. My guess is Scots, in which case you will need the Scots Law template that Labman has now mentioned.
Also - the debt become Statute-Barred after FIVE years under Scots Law, as opposed to SIX years under English Law. So Scots Law would be to your advantage.

[confuciused]

Re: Having a bit of a problem with Scottcall

Simonjohn - in case I wasn't clear in my previous post- we need to know whether this is being pursued under English or Scots Law. My guess is Scots, in which case you will need the Scots Law template that Labman has now mentioned.
Also - the debt become Statute-Barred after FIVE years under Scots Law, as opposed to SIX years under English Law. So Scots Law would be to your advantage.

Hi, sorry to barge in, but could you post or send me the Scottish SB letter as I need to send some out? Also, do you have any info about what the date that one can start counting from is in Scotland? Is it the date of last payment or sometime after that ? Thanks.

[TUTTSI]

Re: Having a bit of a problem with Scottcall

Labman has the Statue Barred template, he will post this up for you.

Hi, sorry to barge in, but could you post or send me the Scottish SB letter as I need to send some out? Also, do you have any info about what the date that one can start counting from is in Scotland? Is it the date of last payment or sometime after that ? Thanks.

[simonjohn]

Re: Having a bit of a problem with Scottcall

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.