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Statute Barred Limitation Act 1980 & Default advice?
bery_451
Posts: 1,916 Forumite
Hi,
If a lender accepts my Statute Barred letter then is the lender obliged to remove the default from my credit report regardless the date of the default after accepting my letter mentioned above?
Cheers,
If a lender accepts my Statute Barred letter then is the lender obliged to remove the default from my credit report regardless the date of the default after accepting my letter mentioned above?
Cheers,
0
Comments
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Depends whether the date of the default is accurate?
A default could be dated up to say 6 months after the cause of action etc for the SB 6 years, so in theory a default could be only your report legitimately for a short time for a only just statute barred debt.
The debt being statute barred doesn't mean the default must be removed. That will only happen if the default itself is 6 years old from its legitimate date., or if it is wrongly dated and you complain resulting in the same.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Depends whether the date of the default is accurate?
A default could be dated up to say 6 months after the cause of action etc for the SB 6 years, so in theory a default could be only your report legitimately for a short time for a only just statute barred debt.
The debt being statute barred doesn't mean the default must be removed. That will only happen if the default itself is 6 years old from its legitimate date., or if it is wrongly dated and you complain resulting in the same.
Is there a template letter I can use to complain about the default date?
because I stopped making payments to the lendor in 2006 and had not contacted them since then. Yet they defaulted me 2 years later in 2008.
Is late default registration against consumer law?0 -
Anyone please?
One another question, if i send a default lateness complaint letter will it reset the 6 year time period for the statute barred?0 -
I don't know about complaining about the late default.Anyone please?
One another question, if i send a default lateness complaint letter will it reset the 6 year time period for the statute barred?
But once a debt is statute barred, it is always statue barred. No amount of correspondence will change that. You could even pay against it (not advised) and it would remain SB.BSC No 248
Free, confidential advice
National Debtline 0808 808 4000 | StepChange 0800 138 1111 | CAB - Get Advice
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so its best to send the statute barred letter first then the lateteness of default complaint letter?0
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Anyone can help please?0
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First send the SB letter and wait for them to confirm they accept it is SB.
Then after that is established and in writing I would write to them to complain that you believe the default was not issued in line with the ICO guidelines (you can find these guidelines on the ICO website if you want to quote them in your letter).
Filing a very late default notice is not against consumer law, but it isn't in accordance with the guidelines. So there is no guarantee they will remove it, but they may.A smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0 -
First send the SB letter and wait for them to confirm they accept it is SB.
Then after that is established and in writing I would write to them to complain that you believe the default was not issued in line with the ICO guidelines (you can find these guidelines on the ICO website if you want to quote them in your letter).
Filing a very late default notice is not against consumer law, but it isn't in accordance with the guidelines. So there is no guarantee they will remove it, but they may.
cheers for the advice. I will do that. Thanks,0 -
One another question i forgot to ask.
When does the statute barred 6 year period start? Does it start from last action (payment, acknowledgement) from me or from last action from lender that is (default, debt letter etc.)?
What can i do to enforce the statute barrred against lender if they refuse it without any good reason?0 -
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