how do i find out if my debt is statute barred?

never-in-doubt

Tixy wrote: »

1) send a subject access request (under the data protection act) costs £10, they will supply you with a complete record of all transactions on the account etc. Then you can look to see if there has been a 5year break.

Hi Tixy

Can't agree with the above i'm afraid, you do realise SARing a lender is admitting liability because you're in effect saying 'send me everything you have on me'. It should be the last thing you ever do if you're considering SB (in my opinion) but then I am anti-SAR - period

1. A CCA Request does the same as a SAR (i.e. with statements requested) and failure to comply can lead to FOS intervention

2.The lender is under no pressure to comply with SAR (being it is DPA this means it is ICO governed meaning no punishment/fine can be issued)

3. A SAR request admits full liability to the debt, you're confirming yourself to the lender thus confirming liability of said debt.

4. CCA Request costs £1 - SAR costs £10

Tixy

Hi NID

But I'd say that if the debt is SB then admitting to the debt is not an issue? The OP isn't saying it isn't their debt.

Appreciate what you say about the CCA request but obviously only if you specifically request statements as well (and do they have to supply them? you'll know I'm sure but I don't), but of course only if its a debt covered by a CCA would this work.

Actually I should have said I'm in favour of option 2 in my post #8, if you think it almost certainly is SB then I'd take a punt on it.

never-in-doubt

Tixy wrote: »

Hi NID

But I'd say that if the debt is SB then admitting to the debt is not an issue? The OP isn't saying it isn't their debt.

Appreciate what you say about the CCA request but obviously only if you specifically request statements as well (and do they have to supply them? you'll know I'm sure but I don't), but of course only if its a debt covered by a CCA would this work.

Actually I should have said I'm in favour of option 2 in my post #8, if you think it almost certainly is SB then I'd take a punt on it.

Yes with a CCA Request statements must be issued as part of compliance or they are in default and you can cease repayments and take FOS action if they continually refuse - thats the difference, you're dealing with CCA1974 which is governed by the FOS meaning they have power, unlike the ICO who are wimps!

Sorry, you've answered assuming the debt is SB'd - lol (sorry its late).... I tend to say to people send a CCA request to test the water, and request statements. Its only a quid for starters and if they come back proving it is say only 4 years in, you can then (ahem) lie or whatever to hold off for the last few months.

A SAR can mean the lender requests ID therefore proving yourself to them....

You know me, i'm anti-banks and have seen some shocking tactics used including fraud, so I like to protect myself that's all. But ok, I see what you're saying and agree with you - take a punt and send the Scottish SB letter and see what they say...

Dear Sirs,

Re: Statute Barred Account - Numbered - XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 states; I quote:

If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation;

and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished.

I would also point out that the OFT say under their Debt Collection Guidance on Statute Barred debt, that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

I look forward to your reply.

Yours faithfully




Sign digitally

never-in-doubt

As an aside- this is some of the CCA content, to show you the difference with the legal wording and how it compares. Note they only have 14 days as well, not the statutory 40 that you get with a SAR:

See how strict it looks? The lender has no way of avoiding their responsibility - if they do, simply report them and they get a £500 fine (loverly juberly) lol :p

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with all statements and any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Tixy

never-in-doubt wrote: »

You know me, i'm anti-banks

Really?? :eek:, I had no idea! :rotfl::rotfl::p

Good points raised, hope the OP comes back to read it all.

DAVID_BOWIE_2

Cheers everyone,

DAVID_BOWIE_2

Tixy wrote: »

David
Regarding the roxburge debt - have you paid the F&F yet? if not its best to get written confirmation first that it is in full & final (so they don't come chasing you for the rest is 3years time) - see here you'll also see that you are advised to request that your credit file is marked as satisfied.

Rather stuipidly paid it over the phone there and then but on the condition a conformation letter was sent out. Do you think this will come back to bite me?

RAS

Quite possibly, they might well just sell it on. What does it say on your credit record?

DAVID_BOWIE_2

RAS wrote: »

Quite possibly, they might well just sell it on. What does it say on your credit record?

Nothing, what do you think the chance of them sending me a conformation letter? Just got frustated, paid them so they would leave me alone!

DAVID_BOWIE_2

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