Statute Barred Limitation Act 1980 & Default advice?

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  • bery_451
    bery_451 Posts: 1,781
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    Does Statute Barred work on accounts that resulted in CCJ's?

    For example if I received a CCJ 6 years ago can I do Statute Barred?

    Does the 6 year statute barred period start from last action from me or last action from lender?
  • If they've taken out a CCJ, then it can't be statute barred.

    Re the default - it won't be removed until the 6 year lapse. The best you can hope for is the date adjusted - since you infact did default.
  • bery_451
    bery_451 Posts: 1,781
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    If they've taken out a CCJ, then it can't be statute barred.

    Re the default - it won't be removed until the 6 year lapse. The best you can hope for is the date adjusted - since you infact did default.

    6 years after the CCJ does the lender still have the right to send debt letters?
  • bery_451
    bery_451 Posts: 1,781
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    Update: I got a reply letter from the lender stating they refused my statute barred request letter because the account was sent to the collection department in October 2006 and they sent me numerous letters in 2007 which I did not respond to.

    On these reasons can they refuse statute barred?

    If they are wrong how do i take this matter up further?
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    Dear lender,

    As you are aware, fresh accrual of a cause of action under the Limitation Act 1980 only occurs when there is unequivocal written acknowledgement or part payment by the debtor.

    I note in your last letter that you made false statements claiming that a debt was not statute barred as it had been sent to your collection department on certain dates and that you had written on others.

    I cannot believe that you are ignorant of the legal position, so I can only interpret your claims as a deliberate attempt to mislead.

    This puts you in breach of OFT guidelines and the Consumer Protection from unfair Trading Regulations 2008. Your letter and a complaint will be forwarded to the OFT and trading standards.

    Should make any further attempt to misrepresent the legal position and mislead myself, these will also be reported.

    I trust this will be the end of the matter.
    Still rolling rolling rolling...... :) <
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  • bery_451
    bery_451 Posts: 1,781
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    rizla_king wrote: »
    Dear lender,

    As you are aware, fresh accrual of a cause of action under the Limitation Act 1980 only occurs when there is unequivocal written acknowledgement or part payment by the debtor.

    I note in your last letter that you made false statements claiming that a debt was not statute barred as it had been sent to your collection department on certain dates and that you had written on others.

    I cannot believe that you are ignorant of the legal position, so I can only interpret your claims as a deliberate attempt to mislead.

    This puts you in breach of OFT guidelines and the Consumer Protection from unfair Trading Regulations 2008. Your letter and a complaint will be forwarded to the OFT and trading standards.

    Should make any further attempt to misrepresent the legal position and mislead myself, these will also be reported.

    I trust this will be the end of the matter.

    They also enclosed with their reply a financial odbudsman complaint leaflet. Shall i complain to the financial odbudsman first or reply back to the lender?

    Is there any better body I can complain to?
  • sclugston12
    sclugston12 Posts: 2 Newbie
    edited 22 December 2012 at 6:09AM
    that was brilliant made me laugh i think ill use that template thanks good post
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    FOS is a last resort. They are not much good for this sort of thing.

    Send the letter and complain to the OFT for now. The lender knows what they wrote is a load of horse crap. They are just hoping that you don't.
    Still rolling rolling rolling...... :) <
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  • VitaK
    VitaK Posts: 651
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    The problem with complaining to OFT is that they dont look at individual cases, so the situation may not be resolved as a result of the complaint.

    FOS looks at individual complaints, so its better to get the ball rolling sooner rather than later.

    There is nothing in the limitation act that allows the creditor to extend the limitation period.
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    The FOS don't give a toss whether the debt is statute barred or not. They will just say to pay it. You can try, but don't expect it to be any use.

    OFT will not act on individual cases, but they need to know this company is using such deceptive practices. So a complaint is in order.

    Most importantly the company needs to know you are not buying their nonsense, so you need to write and tell them.
    Still rolling rolling rolling...... :) <
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