Success with Low(life)ells

by Thrill Of The Chase Sat Oct 28, 2017 2:30 pm

Received the usual letter, blah blah you owe us blah, blah. Looking at the previous paperwork, I saw it was past the statute of limitation. So I called them, and took great delight telling them this. They replied “no it’s not it was last maintained a little over 5 years ago”
I reminded them its 5 years in Scotland, and since I’m in Scotland it’s statute barred.
She agreed it was SB, apologised then hung up
£1,986.24 bye byeee

by petesomething Sat Oct 28, 2017 2:39 pm

HI THrill of the chase

Great news Very Happy

by Thrill Of The Chase Sat Oct 28, 2017 2:40 pm

Well I know it’s not “gone” as such, but they can’t chase me anymore.

by Tiggy Sat Oct 28, 2017 4:20 pm

Thrill Of The Chase wrote:Received the usual letter, blah blah you owe us blah, blah. Looking at the previous paperwork, I saw it was past the statute of limitation. So I called them, and took great delight telling them this. They replied “no it’s not it was last maintained a little over 5 years ago”
I reminded them its 5 years in Scotland, and since I’m in Scotland it’s statute barred.
She agreed it was SB, apologised then hung up
£1,986.24 bye byeee

So was the original contract enacted under the laws of Scotland rather than England and Wales (should tell you in the small print under which jurisdiction it's enacted)?

by Thrill Of The Chase Sat Oct 28, 2017 4:39 pm

I don’t know. I can’t find that paperwork. As the debt was originally from 2001

by Tiggy Sat Oct 28, 2017 6:48 pm

Thrill Of The Chase wrote:I don’t know. I can’t find that paperwork. As the debt was originally from 2001

If the original creditor was a Scottish credit provider then it's likely to be Scottish, if it was one in England or Wales then it'll probably come under the Limitations Act 1980. It doesn't go on where you live it goes on under whose jurisdiction the contract was enacted.

by petesomething Sat Oct 28, 2017 6:58 pm

HI

I think they must of checked when you phoned them and would of put it on their computer system , the lady agreed with you :D

by Thrill Of The Chase Sat Oct 28, 2017 11:44 pm

@tiggy, yes it was a Scottish bank. Someone told me that a DCA in England can't pursue debts in Scotland. Don't think that's true though.
@petesomething, well if it wasn't on it, it sure is now :-D

by Tiggy Sun Oct 29, 2017 9:08 am

Thrill Of The Chase wrote:@tiggy, yes it was a Scottish bank. Someone told me that a DCA in England can't pursue debts in Scotland. Don't think that's true though.
@petesomething, well if it wasn't on it, it sure is now :-D

An English DCA can pursue a claim in the English Courts (if the contract was enacted in the Jurisdiction of England & Wales) and transfer to the Sheriff's Court for enforcement.

Or if in the Jurisdiction of the Scottish Courts, can appoint an Advocate and pursue direct through the Sheriffs Court.

by Thrill Of The Chase Sun Oct 29, 2017 7:56 pm

@tiggy thanks for that.

by joedalton Tue Oct 31, 2017 2:03 pm

Well done Thrill Of The Chase. It's always very uplifting to hear success stories. Thanks for posting.

by **Mrblue2015** Sat Jan 06, 2018 10:24 am

Well done Thrill of the Chase!

by warwick65 Sat Jan 06, 2018 4:06 pm

Thats great news and assuming it was under the scottish limitations- the debt is now gone, extinguished etc

Although it was a scottish bank, I assume you were also living there at the time

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