My Diary - Spider65

[Warwick65]

I know some think of it as discredited freeman rubbish but I found there was a lot to be said for sending a short to the point letter telling them that you will only discuss the matter in writing and callers are not welcome at your door. However I would not bother sending one now she has been and gone unless they threaten again.

I only ever had one door step collector (maybe because I don't have a doorstep ). I just said it was in dispute as I believed I did not owe any money . He asked me to write to the DCA and say that which I did. Never heard from them again.

I do think though, be civil to people who do call as they are probably trying to earn a crust as we all are. Particularly in the present circumstances I struggle to blame anyone for taking a less than ethical job.

[Spider65]

Hi I wonder if I can check a couple of things out in terms of my debts.

I am currently receiving regular phone calls to my home and mobile from both Cabot and Capquest and the occasional letter, which I continue to ignore

I stopped paying anything in June 2016 so was anticipating they will be statute barred as I live in Scotland around June/July of this year. However I recall seeing something recently about a case that stated that although the individual lived in Scotland, the debts had been taken out from companies that were based in England and as such the individual was subject to English legislation ie 6 years rather than 5 years. I'd appreciate it if anyone can clarify?

Niddy also went through my debts and thought that most, if not all, were unenforceable which gives me a degree of comfort, as does the advice I receive from members of this site.

Thanks for any advice and help

[nightwatch]

Hi, so if the case mentioned is correct my RBS and Lloyds accounts were SB after 5 years, not 6, as I don't live in Scotland, but the banks head office is based there.Don't think so.
I was always led to believe that if you lived in Scotland, then Scottish laws are followed, as that is where the case would be heard.
I have heard of one where because the accounts were taken out in England, then the account holder moved to Scotland, they were told they came under English laws, so 6 not 5 years.
Could be that one.

[nightwatch]

As for the calls and letters, last try before SB date.

[Spider65]

Nightwatch - many thanks/very much appreciated.

[Gerry Jemitus]

As a rule, the terms of the agreement state whether it is under English law or Scottish law, and that is what determines whether it is 5 or 6 years to become statue barred. There are circumstances under which a Scottish person (not just someone living in Scotland) can take advantage of provisions within Scottish Law. Moving from England to Scotland or vice versa does not affect SB, nor does the location of the lending company.

[Spider65]

Hi Gerry, thanks for the reply.

Unfortunately, I suspect most of the organisations I dealt with pre 2000 are/were based in England and as a consequence, any agreement would be adhering to English law and presumably means 6 years?

I was hoping I was getting close.

[PlanB]

I stopped paying anything in June 2016 so was anticipating they will be statute barred as I live in Scotland around June/July of this year. However I recall seeing something recently about a case that stated that although the individual lived in Scotland, the debts had been taken out from companies that were based in England and as such the individual was subject to English legislation ie 6 years rather than 5 years.

Hello

The case (or cause) you are looking for is PRA Group (UK) Ltd v Anne-Marie Reilly.

You can read the full Judgment dated 30 January 2018 on Bailli as a PDF here > https://www.bailii.org/scot/cases/ScotSC/2018/[2810]_SC_59.html or here https://www.bailii.org/scot/cases/ScotSC/2018/[2810]_SC_59.pdf

If those links don't work you can easily find more about it on Google > https://www.lawscot.org.uk/members/j...-and-time-bar/

Di

[Spider65]

Hi Di, thanks for that information.

I've read through it twice now and think I have the gist. If I have things correctly, then it does look as if any time bar would be the 6 years as stated above to Gerry.

Thanks again

[Warwick65]

Hi Di, thanks for that information.

I've read through it twice now and think I have the gist. If I have things correctly, then it does look as if any time bar would be the 6 years as stated above to Gerry.

Thanks again

Whatever the truth is , it relies on the debt purchaser knowing it. I know they say they get firms of solicitors involved and use legal executives/para legals but they do not necessarily have the required qualifications or expertise to understand the difference (there are some of course who know what they are talking about).

[Joanna Connolly]

It would be sensible to assume that if a claim is being issued by solicitors then they are aware of the limitation date applicable. Although in a recent appeal we dealt with on a Lowell Portfolio 1 case, where the Defendant had acted as a LIP, Judgment in the lower court had been granted on the basis that the claim was not statute barred under English Law. The debt had been bought in bulk and the actual agreement , which had not been provided to the court below was actually governed by Scottish Law, not English Law, so the claim had been statute barred under Scottish Law.

The appeal was successful.

[Spider65]

Thanks again. I think I will simply continue with what I have been doing until either June 2021 or June 2022 and await any developments, which I hope don't transpire.

Thanks again for all the help and advice on here. This is a truly superb forum with wonderful people.

[Warwick65]

Maybe once the default has dropped off your credit file you can revisit and decide what to do- of course you need to avoid a CCJ but you may have more options. Meanwhile see what you can save

[PlanB]

anticipating they will be statute barred as I live in Scotland around June/July of this year.

Niddy also went through my debts and thought that most, if not all, were unenforceable which gives me a degree of comfort

Is this Cabot account one of the debts which Niddy said was unenforceable having looked at the credit agreement following a CCA Request by you?

If it is irredeemably unenforceable then it should be UE regardless of the five or six year statute barred issue.

It's always good to line up all your potential legal arguments just in case one of them falls down.


Di

[Spider65]

Hi Di, yes I believe so back in Feb 2017.

I appreciate that doesn't sound categorical but there have been so many debt companies involved that I am no longer sure which debt it is that Cabot are asking me about, think it may be the Capital Financial One (page 2, number 7 on here)

From recollection on here Niddy went through all of the info passed over and deemed them UE. I will always be grateful.

I'm going to simply go back to ignoring for now and fingers crossed. Thanks again