TSB Debt - lowell/BCW letters after 7yrs - Statute Barred Scotland???

[poppy111]

Hi just joined so a bit unsure how to go about things i,ll give it a try

what i would like to know is how do you go about finding out if your dept

is statute barred thanks

[emmaf01]

If you start a thread in the Debt Action Group section of the site, everyone will be happy to help.

 

If your debt is over six years old, with no payments or correspondence in the last six years it may be statute barred. Have you any more information you can give?

[poppy111]

Hi

Could anyone tell me how to go about finding out if a dept is statute barred. thanks

[maroondevo52]

Hi, poppy.

 

 

 

Law relating to debts: statute-barred debts

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

 

Under the Limitations Act 1980 the time limits are

 

* in simple contracts (credit cards, loans, etc.), 6 years

* in contracts under seal (mortgages), 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

 

 

Regards.

 

Scott.

[sam614]

hi. if you are not sure when last payment was made,you could sar the oc.

is the debt on your credit file?

SAM:pLOWELL DETESTER

[poppy111]

hi. if you are not sure when last payment was made,you could sar the oc.

is the debt on your credit file?

SAM:pLOWELL DETESTER

Thanks for info last payment was about 7-8years ago not sure about

credit file been a while since i checked it although have been refused a credit card last year

[sam614]

Thanks for info last payment was about 7-8years ago not sure about

credit file been a while since i checked it although have been refused a credit card last year

MAYBE DEFAULTED A WHILE AFTER LAST PAYMENT ,SO STILL SHOWING ON FILE.BUT IF YOU HAVE NOT PAYED FOR 6 YEARS AT LEAST.....

 

STATUTE BARRED

CONGRATULATIONS

SAM:pLOWELL DETESTER

 

[poppy111]

Hello again thanks to everyone who gave advice on statute barred and apologies for not replying to everyone.

new to this and still trying to find my way round the site.

 

just so you don,t get the wrong impression i did not set out not to pay this debt and was paying it up to about 7-8 years ago but when i ran out of bank pay-in slips i applied for more to the DCA who was handling it they never got in touch again

they did,nt bother so neither did i. not right but!!

 

It was last year that i got threatening letters from LP1 and then this year from BCW on their behalf so as i,ve not paid for at least 7 years i think i,ll just keep ignoring their threats and see what happens. thanks again to all

[poppy111]

Hello all

just a update on how things are going

the demands continue to arrive.

 

I,am beginning to wonder if as in my case as this debt is statue barred

do these D.C. know it,s statue barred and are just trying bullying tactics to try and get money from you

 

As the threats range from severe to nearly begging me to pay something.

(1) Do i continue to ignore if i do answer does that mean the debt is restarted?

(2) Do i send my own threats claiming harassment if they don,t stop sending demands.

 

If anyone has any advice it would be appreciated. thanks

[clemma]

Have you sent them the letter telling them this is statute barred?

[MARTIN3030]

More info needed.

1.When is the alleged debt from ?

2.Have you ever acknowledged it ?

3.If you are aware of the debt is it a live account or has it been sold on-if so was you sent default notices and any details of the sale ie assignment.

4.Who is the original creditor/lender

5.Who is chasing the debt ?

6.How much are we talking ?

[maroondevo52]

Three threads merged...........

 

Poppy111, please stick to this thread with any more updates

 

Thanks.

 

Scott.

[poppy111]

Have you sent them the letter telling them this is statute barred?

Hi no i,ve not sent anything.Have not even acknowledged any of there letters they stopped in sept started again april same contents last warning or final demand

[clemma]

Can you give the information Martin3030 asked for above? It will help us to give you better advice

[42man]

Hi Pops....if you have not made a payment or acknowledged the debt in 6 years (5 in Scotland) then it will be statute barred, please send this letter here by recorded delivery - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred.html

 

Once you state that you have no intention of paying towards a debt that is statute barred they HAVE to stop harrassing you... this is what the OFT say

 

2.14 (b) -

• continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

[poppy111]

hello

will tell you what i know

1. 1999

2. Was paying it to some DC can,t remember who up to 7yrs ago pay-in book was finished never got a new one they never got in touch again.

3. L.P.1 said it was now theirs year past FEB have never acknowledged their letters

4. TSB

5. Was L.P.1 now BCW on there behalf.

6.£3500

Thats the best i can do.

hope thats enough info

Moved house 4yrs ago have never paid anything here and was approx 3yrs at last address since paying anything

[clemma]

Thats more than enough information! Send the letter posted by 42man to them ASAP. If they send you more threatening letters AFTER they have received the Statute Barred letter then come back here. When I was being chased for an SB debt AFTER telling them so, I just sent them a letter threatening to charge them for any more replies I had to send.......I haven't heard from them since (this was January)

Edited May 1, 2009 by clemma

[madasamuppet]

Send the statute barred letter to them and if they reply still demanding payment then complain to TS and the OFT as this is against their guidelines on debt collection. I notice you are in edinburgh so the scottish time frame applies which is 5 years.

[clemma]

Didn't notice the Scotland part - the letter posted by 42man is not applicable. Send this one instead

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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 "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

[poppy111]

Hi all

Thanks to everyone who gave advise. Have decided to go with what you all suggested and post a statute barred letter off to them will keep you posted what happens. Before i go someone asked to click there scales if they had been helpful. No idea what that means but thanks anyway.

[clemma]

The scales are between the green dot and the red triangle under your name. You click them and can give people thanks by adding to their reputation.

[poppy111]

Hi

well since deciding to send statute barred letter i was in the process of typing it out when i got a phone call DC 8:30 bank holiday taking by suprise

 

really said the first thing that came into my mind and that was to deny any knowledge of this debt which wasn't a lie really as they got the wrong bank

 

they said they would send for a copy of the agreement when i mentioned it was likely to be statute barred even if the debt was true they hung up. I

 

sent a letter to them denying debt unless they could provide a copy of the agreement.

This letter was signed for on the 7th of may have heard nothing since.

 

At a loss what to do next.

(a) Do i send another letter saying they have failed to produce a copy during the time limits ( 12 days i think they are allowed )

(b) send statute barred letter.© or sit and wait?

[42man]

You must send out the statute barred letter which Clemma gave in an earlier post, send it recorded....they cannot continue to harrass you once you state that you will no tbe making a payment towards a debt that is statute barred....

[poppy111]

Hi all did,nt think i would be contacting you again regarding this case since sending statute barred letter to LP1. They have contacted me stating that this debt was restarted because they say i paid £ 1:00

on the 12th jan 2010 which i have no knowledge of. I never even acknowledged there letters never mind paying anything any advice on where i stand now?

[Revenant]

Hi poppy

 

The phantom payment claim

 

They have to prove beyond a doubt that it was you that made the payment so you now ask them for . .

 

The exact date

 

The location the payment was made from

 

If by cheque the name of the account holder/Bank

 

If by card the last four digits of the number

 

If by PO the number

 

If cash a copy of the receipt issued at the time

 

 

Don't let this little trick scare you as DCA's try this a lot and besides all the time scales you mention back up the Stat Barred

 

Get a letter sorted and then enjoy the weekend OR enjoy the weekend and do the letter Monday

 

R