Txtloan Complaint Statute Barred

[Clash1265]

Hello everyone. First time posting but a big fan.

First off i should say I am in Scotland so am blessed with the 5 year statute barred and debt extinguished

In early 2012 I took out a series of loans with Txtloan (who are now myJar) I only remembered about them when look through old bank statements for something else.

My last contact with them was when I failed on my last one in May 2012 so I believe this are now statute barred.

I see from emails that they let Lucascredit try and collect the debt from me at the end of 2012. I did not respond.

Now this in where it gets complicated. Txtloan did not notify me of default until 2015. The default date on my credit file is 2012 but they didn't tell me they were defaulting me until more than 3 years after the account was basically abandoned. They did put 2012 on my credit file at least.

So my question is should they have instructed some company to collect on my behalf before serving the default notice? Everything I read says default notice means they can start collections using an agency.

My other question is, debt is now statute barred since it is more than 5 years. If I was to complain about irresponsible lending and get awarded the interest and payments for all the other loans then could it be offset against the principle on the one outstanding? I know nomally the answer would be absolutely yes in England but up here my debt is extinguished.

Anyone help please? Very confused and most of the debt stuff on google relates to rules outside Scotland.

[Elihearts]

Re: Txtloan Complaint Statute Barred

Hi Clash

For a PDL Reclaim if the debt hasn't been sold on to any Debt Purchaser then yes - They can offset it. However with Scotland laws, I believe the debt becomes extinguished so its hard to say.
They may attempt to claim it but I am unsure on this one. Was the contract taken under English or Scottish law.

[Clash1265]

Re: Txtloan Complaint Statute Barred

The debt has not been sold on but as we know, the confusing bit is it that it is statute barred.

I think I am going to send the statute barred letter first and sort that out before I complain about the unaffordable lending on the previous loans.

I have no idea what you mean about was the contract taken under English or Scottish Law.

It would have been the contract that came with the company being English but regardless of that, Scottish Law trumps that and it is statute barred. As far as I know the only difference to the contract would be that and the fact we have different debt recovery rules about what is allowed and not allowed.

But yeah I have lived in Scotland my whole life and that debt is under my Scottish address

Hi Clash

For a PDL Reclaim if the debt hasn't been sold on to any Debt Purchaser then yes - They can offset it. However with Scotland laws, I believe the debt becomes extinguished so its hard to say.
They may attempt to claim it but I am unsure on this one. Was the contract taken under English or Scottish law.

[Kati]

Re: Txtloan Complaint Statute Barred

Was the contract taken under English or Scottish law.

I have lived in Scotland my whole life and that debt is under my Scottish address

It would come under Scottish Law then I believe [MENTION=551]pt2537[/MENTION] am I right??

[Elihearts]

Re: Txtloan Complaint Statute Barred

It would come under Scottish Law then I believe @pt2537 am I right??

After digging around, if you were a legal resident of Scotland when taking the loan then it would be under scottish law.
English law - The debt remains after 6 years but you can politely tell them to disappear but they can offset - but it wouldnt reset the Satt Barred Status.

My concern is that for Scotland they may attempt to offset when actually they shouldnt be doing so.

Tell me more about how much is owed etc how many times it was relent / rolled over - I might be able to help.

[Clash1265]

Re: Txtloan Complaint Statute Barred

I am trying to get a summary of borrowings off them but it looks like I had 8 loans in 6 months and I logged into my account and can see they have information of my employment and it says my wages were 1200 a month. I can see they have a section on their website for outgoings and dependent children and stuff that is all blank so presumably that has been introduced since I used them

So they know I had an income of 1200 but they have no idea of what my situation or outgoings were

If it is helpful I can quickly get the payment info from my bank statment

[Elihearts]

Re: Txtloan Complaint Statute Barred

Please if you can get as much info now itll help you in the long run.
The more info you can give me - the more I can help.

[Clash1265]

Re: Txtloan Complaint Statute Barred

Okay so I'll just do them in order
+ means they gave me money
- means I was repaying

3/1/12 (+100)
21/1/12 -145.40

21/1/12 (+100)
6/2/13 -143.13

6/2/13 (+200)
21/2/12 234.00

21/2/12 (+300)
14/4/12 -533.60

15/4/12 (+300)
4/5/12 -389.60

4/5/12 (+300)


So that's the loans. As you can see I was taking one out as soon as I could in almost every one of them.

Looks like the payment in April was late as prior to that they had all been on two week terms.


So I was thinking of complaining about the irresponsible lending but do you think the default notice being served 3 years too late is something as well considering they had already assigned somebody to collect on their behalf way way before that.

[Elihearts]

Re: Txtloan Complaint Statute Barred

IRL has nothing to do with a default. But a resolution can be to remove it if the loan should have never been lent in the first place.
Go forward and complain - If you need any more advice let me know.

Good thing you have your bank statements - You will need these as evidence.

[Clash1265]

Re: Txtloan Complaint Statute Barred

No I know IRL has no relevance to the default.

Im thinking that is a different issue. I am sure I read on the website that they can't start debt collection before a default is issued

[Elihearts]

Re: Txtloan Complaint Statute Barred

They can - In their T&Cs there is usually a provision that says they can transfer their rights and liability to another firm at any point.
Plus accounts that are in arrears can be transferred to a collection agency. EE do it with Moorcroft before they default it permanently.

[Clash1265]

Re: Txtloan Complaint Statute Barred

Yeah I'm on the phone to FOS and they have said as long as I was told by the company that I owed money and how to pay it and ignored them then they can pass to collectors without a default being served.

She is going to ask about a statute barred debt in scotland and if it was found in my favour would I be expected to offset

[pt2537]

Re: Txtloan Complaint Statute Barred

It would come under Scottish Law then I believe @pt2537 am I right??

what does the contract say, that is the question, as if it states its exclusively English Courts then no

[Elihearts]

Re: Txtloan Complaint Statute Barred

Clash do you have the original CCA?

[Clash1265]

Re: Txtloan Complaint Statute Barred

Everything for me is Scottish Law because I am scottish and was in scotland when the contract was agreed.

No I don't have the original CCA. It was Txtloan who became MyJar