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

[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!

[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]

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

[The Tech Clerk]

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

[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.

[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]

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]

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!

[Spent2much]

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 ?

[The Tech Clerk]

If I get to the point where any of my 2 remaining (alleged) debts become statue barred, I'll take great delight in writing a "I refer you to the matter of Arkell v Pressdram" letter.

https://lettersofnote.com/2013/08/07...l-v-pressdram/

Now now keep it clean lol

[ca71]

If I get to the point where any of my 2 remaining (alleged) debts become statue barred, I'll take great delight in writing a "I refer you to the matter of Arkell v Pressdram" letter.

https://lettersofnote.com/2013/08/07...l-v-pressdram/

[stuckinarut]

Come and have a go if you think your hard enough, (Love it)

[Pat]

All true and whilst it is a long time since I read CONC it does say that if the creditor is informed it is SB or otherwise uncollectible, they must stop collection activity. However, telling a creditor a debt is SB is risky as you need to be totally sure it is SB- maybe you acknowledged it by mistake early on in your journey, maybe you made a small payment. I know early on I sent letters that could have been an admission- one basically said 'come and have a go if you think you're hard enough' however that was more than 6 years ago. Also remember that not all letters sent to DCAs or creditors are kept.

[Roger]

This paragraph is interesting , because I think Hoist finance have not done their proper job in finding out about the second account they have . CONC 7.13.4R01/04/2014RP
Before pursuing a customer for the repayment of a debt, a firm must take reasonable steps to verify the accuracy and adequacy of the available data so as to ensure that the true customer is pursued for the debt and that they are pursued for the correct amount.



[Note: paragraphs 3.7e and 3.23a of DCG]

Yes you will also notice that they can ask even if UE or Statute Barred!!! In other words pester you!!
The Law is buyer beware. They have brought a BAD Debt!!

Don't engage with the DCA write to them and refer them to and quote the relevant CONC
Keep copy of your letter and other evidence sic Health evidence AND make sure you have Proof Of Postage
(See everything in writing and SNAIL Mail!!!)

Anything they come back with that denies or ignores then DON'T engage in ping pong
SIMPLY report them to the Regulator with your evidence and their reply!

[Spent2much]

As The Tech Clerk above
But also CONC comes into this (for some reason its not often mentioned)

CONC comes under the Regulator!!

QUOTE CONC TO THEM and threaten to report them to the Regulator!

FCA Handbook - FCA Handbook
Statute Bar Debts are here QUOTE CONC to them!!

CONC 7.15 Statute barred debts - FCA Handbook

CONC 7.15.7G01/04/2014RP
It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired.


Are well if you have Health issues and you can evidence this with Medical proof these are grounds for clearing these debts!

CONC 7.10 Treatment of customers with mental capacity limitations - FCA Handbook

A firm must suspend the pursuit of recovery of a debt from a custome...

This paragraph is interesting , because I think Hoist finance have not done their proper job in finding out about the second account they have . CONC 7.13.4R01/04/2014RP
Before pursuing a customer for the repayment of a debt, a firm must take reasonable steps to verify the accuracy and adequacy of the available data so as to ensure that the true customer is pursued for the debt and that they are pursued for the correct amount.



[Note: paragraphs 3.7e and 3.23a of DCG]