Statute barred debts and the Limitation Acts

fermi

DonaldJG wrote: »

Hello
I feel in trouble and hope someone may be able to help. I have an historic debt to Lloyds TSB which is now with a collection agency.

Moved to it's own thread.

---> https://forums.moneysavingexpert.com/discussion/4457025

RustyHAT_2

Hi,

Is this course of action still valid - can I just send this letter out as it is still?

I have had responses from 3 different companies - 1 of which has even confirmed the last payment was 7th May 2007 but because of the default date being December 2007 they can still pursue?

Does the default date or the last payment/acknowledgement date count for statute barred debts?

rizla_king

The date a default is put on your credit files has nothing to do with when the 6 years starts. That creditor is lying to you.

fatbelly

Briefly, the requirement for the service of a the default notice is a procedural matter that does not form part of the 'cause of action'. It does not affect the creditor's right to payment but only the procedure for enforcing it.

If serving the notice were the 'cause of action', a creditor could delay the running of time indefinitely by not serving a default notice. This view was supported in West Bromwich Building Society v Wilkinson (2005), where the House of Lords stated that it would be 'strange if a lender could stop time running by its own act'.

If the last payment was 7 May 2007 and you haven't acknowledged the debt since, I would still wait a few weeks before sending the SB letter. If this was an overdraft debt, I wouldn't even do that as the 'cause of action' date is not necessarily the date of the last payment.

Baldybouncer

Hi, hope someone can advise me on this. I took out a credit card when I lived in Scotland and now I believe it's statute barred after 5 years. However I've lived in England for a number of years now and the creditor says as I live in England it's 6 years. So my question is...does the debt relate to where you lived when taken out or where you currently live?

Thanks,

Tixy

Baldybouncer wrote: »

So my question is...does the debt relate to where you lived when taken out or where you currently live?

Thanks,

Does the original agreement refer specifically to either england or scottish law?

I believed it to be where you live now and where they would take action against you unless your agreement says something else, but I have seen others say the reverse and depend on where you lived when you took out the agreement.

It might be worth a call to national debtline on this and get them to confirm. If you have a copy of your agreement that might also be useful when you call them.

Reverand_St_John

Hi folks,

Please assist me. Basically around 6 years ago agot a letter from Barclays allerging a debt of £1500 owed to them which I had no knowledge off. Subsequently I sent them a letter in Sept 2009 desputing the debt and asking for prove of debt and requested a copy of cca and had enclosed £1 for it.

never heard anything back until now and Lowell are harassing me and saying I have acknowledged the debt when I paid the £1. But it was only to request cca.


Please help what shall I do.

fatbelly

Reverand_St_John wrote: »

Hi folks,

Please assist me. Basically around 6 years ago agot a letter from Barclays allerging a debt of £1500 owed to them which I had no knowledge off. Subsequently I sent them a letter in Sept 2009 desputing the debt and asking for prove of debt and requested a copy of cca and had enclosed £1 for it.

never heard anything back until now and Lowell are harassing me and saying I have acknowledged the debt when I paid the £1. But it was only to request cca.


Please help what shall I do.

You shouldn't have paid £1 and you had no right under the cca to request a copy of the signed agreement. That right only applies to the person who signed it.

However, I doubt their argument (that the payment constitutes acknowledgement) would hold up with a decent judge.

Invite them to test their argument in court. If you feel the need to send a letter, it's post #5 on this thread.

https://forums.moneysavingexpert.com/discussion/2606811

MrEnigma

Hi Peeps
I 'had' a couple debts that date back to 2002, one was a credit card, and one was with the bank which was defaulted in 2004.
Now I think these debts are Staute Barred, and indeed I wrote to agency that was chasing me stating statue barrred and limitations act. I promptly got a reply saying the account was now closed, then refered to the original debt agency. This has happened twice, as the debts it seems were sold twice.
I now have a letter from Lowells stating the original credit card debt from 2002. So I am thinking just to write to them to state 'statue barred' again.
I just want ot make sure that I am doing this right, and not start the clock ticking again.

I have also obtained 2 credit crads in 2011, and decent rates, so my credit file is now good.

Thanks for your help guys

fermi

Yes, you can send the letter again. Nothing you do can now restart the clock.