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  • FIRST POST
    • bery_451
    • By bery_451 5th Dec 12, 9:40 PM
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    bery_451
    Statute Barred Limitation Act 1980 & Default advice?
    • #1
    • 5th Dec 12, 9:40 PM
    Statute Barred Limitation Act 1980 & Default advice? 5th Dec 12 at 9:40 PM
    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,
Page 1
    • fermi
    • By fermi 5th Dec 12, 10:58 PM
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    fermi
    • #2
    • 5th Dec 12, 10:58 PM
    • #2
    • 5th Dec 12, 10:58 PM
    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.
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    • bery_451
    • By bery_451 5th Dec 12, 11:20 PM
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    bery_451
    • #3
    • 5th Dec 12, 11:20 PM
    • #3
    • 5th Dec 12, 11:20 PM
    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.
    Originally posted by fermi
    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?
    • bery_451
    • By bery_451 6th Dec 12, 6:24 PM
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    bery_451
    • #4
    • 6th Dec 12, 6:24 PM
    • #4
    • 6th Dec 12, 6:24 PM
    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?
  • Lensman
    • #5
    • 6th Dec 12, 7:38 PM
    • #5
    • 6th Dec 12, 7:38 PM
    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?
    Originally posted by bery_451
    I don't know about complaining about the late default.

    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.
    • bery_451
    • By bery_451 6th Dec 12, 11:27 PM
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    bery_451
    • #6
    • 6th Dec 12, 11:27 PM
    • #6
    • 6th Dec 12, 11:27 PM
    so its best to send the statute barred letter first then the lateteness of default complaint letter?
    • bery_451
    • By bery_451 7th Dec 12, 10:23 AM
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    bery_451
    • #7
    • 7th Dec 12, 10:23 AM
    • #7
    • 7th Dec 12, 10:23 AM
    Anyone can help please?
    • Tixy
    • By Tixy 7th Dec 12, 11:39 AM
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    Tixy
    • #8
    • 7th Dec 12, 11:39 AM
    • #8
    • 7th Dec 12, 11:39 AM
    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.
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    • bery_451
    • By bery_451 7th Dec 12, 5:38 PM
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    bery_451
    • #9
    • 7th Dec 12, 5:38 PM
    • #9
    • 7th Dec 12, 5:38 PM
    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.
    Originally posted by Tixy
    cheers for the advice. I will do that. Thanks,
    • bery_451
    • By bery_451 8th Dec 12, 2:06 PM
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    bery_451
    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?
    • bery_451
    • By bery_451 9th Dec 12, 12:33 AM
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    bery_451
    bump thread
    • bery_451
    • By bery_451 15th Dec 12, 12:14 AM
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    bery_451
    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?
  • Bravehearted
    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
    • By bery_451 15th Dec 12, 10:29 AM
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    bery_451
    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.
    Originally posted by Bravehearted
    6 years after the CCJ does the lender still have the right to send debt letters?
    • bery_451
    • By bery_451 20th Dec 12, 12:06 AM
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    bery_451
    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
    • By rizla king 20th Dec 12, 12:24 AM
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    rizla king
    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.
    • bery_451
    • By bery_451 22nd Dec 12, 12:32 AM
    • 773 Posts
    • 24 Thanks
    bery_451
    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.
    Originally posted by rizla king
    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
    that was brilliant made me laugh i think ill use that template thanks good post
    Last edited by sclugston12; 22-12-2012 at 6:09 AM. Reason: didnt finish
    • rizla king
    • By rizla king 22nd Dec 12, 8:56 AM
    • 2,766 Posts
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    rizla king
    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.
    • VitaK
    • By VitaK 22nd Dec 12, 12:02 PM
    • 628 Posts
    • 850 Thanks
    VitaK
    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.
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