Twigs Diary

[Twigs]

I live in Scotland now so there are slightly different rules, please only advise with Scottish law please. Many thanks.

Debt 1
Type of account - New Day Amazon CC
Date commenced - 15/11/2017
Approx balance - 2100
Date last paid - 16/10/20
Are you on arrangement or not paying - not paying
Account owner - Lowell

Have recently sent me a form to consent to them obtaining the CAA from Amazon. I have not accepted liability for the debt.

Debt 2
Type of account - Sainsbury's CC
Date commenced - 10/03/2017
Approx balance - 7400
Date last paid - 16/10/20
Are you on arrangement or not paying - not paying
Account owner - Capitol Resolve

Sent a request for the CAA 10/04/2024 - claiming I don't recall the debt, that Step Change advised me to ask for a copy of the original CAA. No response. Looking like Capitol have just bought this debt as it was Advantis chasing me 3+ months back.

Debt 3
Type of account - Coop Career Development Loan
Date commenced - 14/06/2007
Approx balance - 5700
Date last paid - 13/01/2020 or 05/08/2020 - CC report says latter, but I am currently waiting for my second Coop subject access request returned to check as I believe this could be incorrect and I could get it prescribed in Jan next year.
Are you on arrangement or not paying - not paying
Account owner - Link Financial

I've never responded to any comms.


Hoping to either play for time and get them all prescribed (at 5yrs) or find 1 or more are unenforceable. If I get served I will need to apply for bankruptcy. I would be happy to settle debt 1, Lowell, if I can get it down to 30%, but then if I do have to file for bankruptcy - thinking may as well lump them all into that.

Any advice would be greatly appreciated. Thank you, Twigs.

[Still Waving]

Hi

We are consumers who predominantly live in England. While some of us are aware of a few pertinent differences which apply to Scotland, Scottish law is not something we have any particular knowledge of. Sorry, but that's how it is.

[Dottir]

Hi
For reference, the consumer credit act applies in Scotland. The difference as far as I know is the process.

Not sure how to use it but check when you get the paperwork if it says under English or Scots law.

[Twigs]

Dottir so do I need to do a DSAR for each account and tick every box on the form to see whether they have enough to take me to court? I've currently only asked for transactions, customer service records and statements with the coop. Thinking I need to start again.

Can I ask what paperwork you are referring to Dottir?

[Twigs]

Still Waving I see. Well I'm sure some information is transferable, but I guess I will need to double-check things. If anyone can point out their awareness of a particular difference that would be helpful yes. So is there no advice you can offer at all on my diary?

[Dottir]

Dottir so do I need to do a DSAR for each account and tick every box on the form to see whether they have enough to take me to court? I've currently only asked for transactions, customer service records and statements with the coop. Thinking I need to start again.

Can I ask what paperwork you are referring to Dottir?

When I do a DSARi always ask for everything. Yes this does run the risk of bucketloads of paper but in practice I have found they do not send everything. The only exception was when I asked for cctv from a store and I got it all, with other’s pixelated out.

I have has to reply in the past with a , “I asked for everything”

[Roger]

Actually there is CASE Law as a determinate of which Law applies. Crucial for Statute Bar for instance.

[Dottir]

Actually there is CASE Law as a determinate of which Law applies. Crucial for Statute Bar for instance.

Can you share the case law? The name, a summary or a link? It might help twigs

Twigs I am afraid I do not understand the technicalities but it may be about jurisdiction

[Roger]

Can you share the case law? The name, a summary or a link? It might help twigs

Twigs I am afraid I do not understand the technicalities but it may be about jurisdiction

What helps twigs is a AAD Diary format including updates
Thats my own and decades of others experience of this excellent site!
Tactics change as indeed does the Law so presumptions are NOT to be encouraged are they!

[Still Waving]

It would be preferable if the OP could resist the urge to keep starting new threads (currently 4), and keep everything in one place. A diary has been started at post #1 above.

[Dottir]

Can you share the case law? The name, a summary or a link? It might help twigs

Twigs I am afraid I do not understand the technicalities but it may be about jurisdiction

I am sure it would be useful to Twigs if you could share the case law. I mean if it’s case law it won’t have been superseded will it?

[Dottir]

I live in Scotland now so there are slightly different rules, please only advise with Scottish law please. Many thanks.

Debt 1
Type of account - New Day Amazon CC
Date commenced - 15/11/2017
Approx balance - 2100
Date last paid - 16/10/20
Are you on arrangement or not paying - not paying
Account owner - Lowell

Have recently sent me a form to consent to them obtaining the CAA from Amazon. I have not accepted liability for the debt.

Debt 2
Type of account - Sainsbury's CC
Date commenced - 10/03/2017
Approx balance - 7400
Date last paid - 16/10/20
Are you on arrangement or not paying - not paying
Account owner - Capitol Resolve

Sent a request for the CAA 10/04/2024 - claiming I don't recall the debt, that Step Change advised me to ask for a copy of the original CAA. No response. Looking like Capitol have just bought this debt as it was Advantis chasing me 3+ months back.

Debt 3
Type of account - Coop Career Development Loan
Date commenced - 14/06/2007
Approx balance - 5700
Date last paid - 13/01/2020 or 05/08/2020 - CC report says latter, but I am currently waiting for my second Coop subject access request returned to check as I believe this could be incorrect and I could get it prescribed in Jan next year.
Are you on arrangement or not paying - not paying
Account owner - Link Financial

I've never responded to any comms.


Hoping to either play for time and get them all prescribed (at 5yrs) or find 1 or more are unenforceable. If I get served I will need to apply for bankruptcy. I would be happy to settle debt 1, Lowell, if I can get it down to 30%, but then if I do have to file for bankruptcy - thinking may as well lump them all into that.

Any advice would be greatly appreciated. Thank you, Twigs.

Twigs just check. You say the coop loan was 2007 is that correct?

[Roger]

live in Scotland now so there are slightly different rules, please only advise with Scottish law please. Many thanks.

Please can you now start fleshing out the three debts Diaries.

Debt 1
Type of account - New Day Amazon CC
Date commenced - 15/11/2017
Approx balance - 2100
Date last paid - 16/10/20
Are you on arrangement or not paying - not paying
Account owner - Lowell

Was this previously an Amazon Card or was it always NewDay?
Amazon had previously had the Amazon Classic and Platinum credit cards ?
Because Lowell? Have recently sent me a form to consent to them obtaining the CAA from Amazon.
So background details are required aren't they?

Lowell out of the Lowell Group which specific company in that Group was assigned the Debt and when? Also who from? You will have been informed in writing!

[Roger]

live in Scotland now so there are slightly different rules, please only advise with Scottish law please. Many thanks.

Debt 2
Type of account - Sainsbury's CC
Date commenced - 10/03/2017
Approx balance - 7400
Date last paid - 16/10/20
Are you on arrangement or not paying - not paying
Account owner - Capitol Resolve

Sent a request for the CAA 10/04/2024 - claiming I don't recall the debt, that Step Change advised me to ask for a copy of the original CAA. No response. Looking like Capitol have just bought this debt as it was Advantis chasing me 3+ months back.

Was the Debt Assigned to Advantis? if so when and specifiically the name of the Assigned Company.
Capitol Resolve same question because you must have been sent and advised of Debt Assignment!

The S.78 CCA request sent to Step Change seems a presumption doesn't it and their reply seem to indicate the |Debt is still with Sainsbury's.

Don't at this moment send a S.78 request !

I suggest that you send a DSAR to Step Change and find out who they were dealing with?

Facts not oipinions are the order of the Day!

[Roger]

live in Scotland now so there are slightly different rules, please only advise with Scottish law please. Many thanks.

Debt 3
Type of account - Coop Career Development Loan
Date commenced - 14/06/2007
Approx balance - 5700
Date last paid - 13/01/2020 or 05/08/2020 - CC report says latter, but I am currently waiting for my second Coop subject access request returned to check as I believe this could be incorrect and I could get it prescribed in Jan next year.
Are you on arrangement or not paying - not paying
Account owner - Link Financial

DO NOT PRESUME THAT SCOTTISH LAW AUTOMATICALLY APPLIES

Link Financial
Out of the Link Financial Group which specific company in that Group was assigned the Debt and when? Also who from? You will have been informed in writing!