I'm asking here as i am not sure where to post this

[Roger]

So should I send them proof of my illness and the date of my surgery which is next Thursday ? Should I not mention the I&E and the fact the second account they have is SB ?

YOU DON'T HAVE TO SPECIFY THE ACCOUNT!!


Write to them without mentioning the second account! just in general terms!

BUT quote CONC For Statute Barred
And whatever else in CONC which is appropriate such as your Mental Health at this time!
and off course Medical proof etc..

Only a Judge can force you to disclose I&E so don't mention this !
Keep it short and simple let them go look at their records etc.. thats their problem!

If they come back with a query over debt 2 resend your letter!
As per my letter dated etc..

Because you are telling them can't cope with this because right now I have huge Health issues!

[Still Waving]

CONC 7.15 Statute barred debts - FCA Handbook

Roger

What do you make of the wording in CONC 7.15 - the provisions for England, Wales and NI and then for Scotland, specifically 7.15.3 (2), whose provision is not specified for E, W, & NI?

I have not been able to pin down Annex B1 and B3 of DGC, but it seems to me that there is a glaring omission here, which is at odds with the general understanding.

[Roger]

Roger

What do you make of the wording in CONC 7.15 - the provisions for England, Wales and NI and then for Scotland, specifically 7.15.3 (2), whose provision is not specified for E, W, & NI?

I have not been able to pin down Annex B1 and B3 of DGC, but it seems to me that there is a glaring omission here, which is at odds with the general understanding.

I agree with you muddies the water doesn't it!
But the E,W & NI Law is different from Scotland sic buying and selling Property.
My understanding is a DCA can continue to ask even if they know its UE and or even Statute Barred.

We know that tactics have changed as has advice within the last few years.
So we build the picture up for ourselves WITH a GOOD Diary because this really is the best approach to making good decisions
My instinct is to assume and adopt a worse case scenario when looking at your own Debts.

The Case Law that we know off blurs Statute Bar for E,W & NI don't know about Scotland!
The Case Law on UE reporting with Credit Agencies means preventing being penalised for obtaining CREDIT elsewhere whilst a specific DEBT is or remains UE.
Being reported to CREDIT Agencies for six years is a very real hardship for those caught in DEBT covering for instance some Mobile Phones suppliers, some Gas & Elec Suppliers!

But there isn't a direct link to CRA's six years and Statute Bar six (five for Scotland) Barred!

If the Debt is substantial I would obtain a SAR for current status with Original Creditor and then discuss with JCS before approaching a DCA with either a F&F settlement or certainly raising Statute Bar.
We know there is Case Law in these areas BUT don't know the CURRENT legal thinking.

I see no harm in quoting CONC without necessarily specifying a DEBT. In this instance there are 2 different debts!!

Health and Mental stress etc.. would apply to ALL debts held by that DCA hence throwing in the Statute Barred CONC (without being specific!)
The Letter should NOT identify specific DEBTS and references JUST an advice the DCA!!

Thats my take on this. Just be careful and don't engage , keep it simply and in writing AND KEEP A GOOD DIARY

[Still Waving]

I've re-read CONC 7.15 and now see that a difference between England and Scotland is that in England (as we know) a debt still exists after SB, and repayment can be requested, but not enforced. But in Scotland, if the debtor hasn't acknowledged the debt for 5 years, and a creditor hasn't made a claim, then the debt ceases to exist. (Lucky Scots.)

I was mis-reading 7.15 initially.

[The Tech Clerk]

difference is 6 years eng/wales 5 years scotland south always the losers.

[Roger]

difference is 6 years eng/wales 5 years scotland south always the losers.

I've re-read CONC 7.15 and now see that a difference between England and Scotland is that in England (as we know) a debt still exists after SB, and repayment can be requested, but not enforced. But in Scotland, if the debtor hasn't acknowledged the debt for 5 years, and a creditor hasn't made a claim, then the debt ceases to exist. (Lucky Scots.)
I was mis-reading 7.15 initially.

Big thanks to Still Waving And The Tech Clerk AND Never-In-Doubt

I for one value your contributions in AAD to me and others
I'm quite young really only 8 years on here.
Finding AAD and great advice carried me through to Statute Barred.
I can see now that actually each and every one of my Debts was flawed in one way or another!

The Scottish Law makes good sense frankly.
Its a disgrace that anomaly over debt still existing in E, W and NI and it seems without time limitations it means ONCE a DEBTOR always a DEBTOR

[Still Waving]

You have to wonder why the legislators ( in their wisdom [ ??] ) decided to be more lenient to the Scots than to the other nations of the UK.

[Roger]

You have to wonder why the legislators ( in their wisdom [ ??] ) decided to be more lenient to the Scots than to the other nations of the UK.

Money talks!! DCA's are global groups with money and clout!

[Spent2much]

Thanks all . I will send them proof of my illness and not mention the second debt being statute barred, see what they do .

[Spent2much]

Drysden Fairfax have put the account on hold until 11 April with a possible extension if needed. Very kind and considerate . Hoist Finance I haven't got back to them , but I am thinking of just replying and sending them evidence of my surgery tomorrow and the diagnosis letter from December 13th last year. Not sure what to say about the I&E , there is only working tax credits which we are living on right now so not sure that's going to help .
We haven't heard back from the mortgage yet , but we asked them to help before I got my diagnosis and it was the time of tests and scans, so when they do get in touch the situation has changed .
Macmillan have just been on the phone , said don't paint a really black situation to the mortgage as we need to show we can get back on our feet .
So they've suggested asking the mortgage for a payment holiday and extending the mortgage , we will eventually sell this house as its too big for us , it four bedrooms and two bathrooms , just us living here . But for now its my comfort zone and I feel safe here so need to sort this issue out asap so I can begin my recovery .
Any suggestions would be gratefully received.
Thank you x

[Still Waving]

Re Hoist - You are asking for their help and understanding in the circumstance of your health issues. It is very insensitive of them to be asking for I&E. I would be inclined to send the evidence about your health, and ignore and don't reference the I&E request.

Approx how much is on the Hoist account?

[Spent2much]

Re Hoist - You are asking for their help and understanding in the circumstance of your health issues. It is very insensitive of them to be asking for I&E. I would be inclined to send the evidence about your health, and ignore and don't reference the I&E request.

Approx how much is on the Hoist account?

The account which is a CCJ is for about 470 and the statute barred account is for 980 .

[Still Waving]

The account which is a CCJ is for about 470 and the statute barred account is for 980 .

£470 is peanuts to Hoist, they ought to take the sympathetic approach. Please keep us updated with any developments.

[Night Monkey]

£470 is peanuts to Hoist, they ought to take the sympathetic approach

This speaks to the 'procedural' approach they seem to take, with a lack of any human intervention and consideration. £470 is pocket money to the likes of Hoist, and even if it was paid off in full now I doubt it would cover their administration costs. When balanced against the OP's stress caused by them chasing the account I can't see how there's any logical reason to continue asking for it.

[Spent2much]

Thank you for the replies and I will send them proof of my illness and if they pressure for an income and expenditure I won't give in ,they can receive the quid a month lol .