Statute barred debts and the Limitation Acts

Megonnie

fermi wrote: »

A creditor writing to you does not stop a debt being statute barred. Only written acknowledgement by YOU or your representative does that.

So am I correct in thinking that this is then statute barred? I checked this evening and the letter I got was from Triton Credit Services, so would I send the generic letter to them - looking at some previous posts about them, they seem to be a law unto themselves?
many thanks

101problems

Long story short (May not be that short) moved down South 14 years ago between 2000 and 2008 accrued about 7k of debt, last paid any money towards it in 2009 when I moved back to Scotland from what I understand this is acknowledgement of the debt. Confused if the statute barred is 6years(coming up soon) or 5 years?(already past).
Debt was entirely with bank of Scotland. I current hold an active bank account with lloyds(pre split opened in England) they have my up to date address but I have not acknowledged the debt since my last payment to a DCA in 2009.
I keep a minimum balance in the lloyds account now it's getting close to crunch time (England) I'm thinking I really should close the lloyds account incase they decide to set off the debt against my rarely used lloyds account.
Main point being the bank of Scotland who I owe are part of the lloyds banking group who have had up to date details throughout yet the DCA letters have never yet had my correct address on their demands ( I live in flat 1/1 all the letters have said top left) they have yet to put 2+2 together where do I stand
For the record morally I know I owe this debt but legally I may not and if they can't add up why should I prompt them along the way.

fatbelly

Hi

You're in Scotland

You have an account (presumably loan or credit card) where you have not paid or acknowledged it for 5 years (so since Jan/Feb 2009)

Under Scottish law it's extinguished, and you can send the letter in post#3 if they write.

They have not been taking sums from your current account because historically Bank of Scotland and Lloyds have been separate. Now that's not so true and you should cancel your Lloyds account.

101problems

Great advice thanks, I had the feeling that would be the case as if I want to service the lloyds account I now need to visit my nearest branch (Carlisle) or use BOS

Sdmm11

Hi
Received a Moneyclaim/ccj claim form in the post this morning from Aktiv solicitors regarding a credit card debt with MBNA. I fully intend to defend the claim but would like some advice. All credit cards I've had I took out in the late 90's early 2000, including this one, and for the life of me I can't remember when I last made any payment on this particular credit card, suffice to say it was a while ago, I think 07/08 absolute latest would be early 09. Which letter would be most appropriate and effective to send? The supply the signed credit agreement or prove the debt is not statute barred letter? Sorry I don't know the proper names.
On the claim particulars it doesn't state the date of default only an account balance as of 31/05/2010. And goes on to ask for interest from the default date of 8% until 24/2/14.
Many thanks

Tixy

Sdmm11 wrote: »

Hi
Received a Moneyclaim/ccj claim form in the post this morning from Aktiv solicitors regarding a credit card debt with MBNA. I fully intend to defend the claim but would like some advice. All credit cards I've had I took out in the late 90's early 2000, including this one, and for the life of me I can't remember when I last made any payment on this particular credit card, suffice to say it was a while ago, I think 07/08 absolute latest would be early 09. Which letter would be most appropriate and effective to send? The supply the signed credit agreement or prove the debt is not statute barred letter? Sorry I don't know the proper names.
On the claim particulars it doesn't state the date of default only an account balance as of 31/05/2010. And goes on to ask for interest from the default date of 8% until 24/2/14.
Many thanks

If your defence is that you believe the debt is statute barred then you complete the court paperwork to that effect.
If it proves not to be statute barred and they can prove payments were made in the last 6years then that defence will fail.

If you are also hoping that they may not be able to supply a copy of the credit agreement or that it might not contain the prescribed terms then that is a different defence.
A CCA request letter wouldn't actually get you a copy of the signed agreement, as for a CCA request a reconstituted copy of the agreement is a sufficient response.

Whilst you could send the creditor a letter to state that you believe the debt is statute barred you also need to reply to the claim form as well.

Sdmm11

Hi Tixy
Can you explain a little more how a CCA (?) won't get me a copy of the signed agreement? And what's a reconstituted copy ?
Could I use no signed agreement as a defence or not? I looked into the dates I think I last made a payment and it 5yrs and 10 months so statute barred is not an option I think.
In response to the claim form , how will I know what my defence is till I hear back from Aktiv....?
Sorry for all the questions it takes a bit for me to get my head round things.

thewhiteavenger

Answers in red

Sdmm11 wrote: »

Hi Tixy
Can you explain a little more how a CCA (?) won't get me a copy of the signed agreement? Because they can produce a reconstituted copy to satisfy the Act


And what's a reconstituted copy ? One that they have put together that morning and contains the original terms, but not you signature

Could I use no signed agreement as a defence or not? It's not much use unless the agreement is pre-April 2008.

I looked into the dates I think I last made a payment and it 5yrs and 10 months so statute barred is not an option I think.
In response to the claim form , how will I know what my defence is till I hear back from Aktiv....? You can acknowledge service but it may also be that you don't really have a defence. You may have to admit the claim and offer to pay in instalments

Sorry for all the questions it takes a bit for me to get my head round things.

libraryowl

Hi, I'm just in need of a some advice.

I've been getting phone calls from dlc debt collection agency which as far as I can tell is regarding an Egg loan that I haven't made any payment on (or heard about) for at least 9 years (but is probably closer to 10 or 11). When they first called I refused to answer their security questions and asked them to send me a letter, and they called again today and apparently they have an old address. Should I give them my current address and ask them to write to me again, or should I just send them a Statute Barred letter? I have no idea how they got my phone number as they don't have my current address and to complicate things they only have my maiden name.

Any advice you can give is hugely appreciated, thanks!

Barloue

Barloue wrote: »

have read through the posts and must say it is very useful information. I cant seem to find an answer to my specific circumstance though.

99% sure that debt I was being chased for was SB. (5 years scotland) anyways the company sent the letter to me and phoned and I started making payments then stopped and they applied for a ccj and got it granted.

my question is can this be overturned as the original debt WAS SB and therefore shouldnt have been allowed to go to court in the first place as it wasnt due to anyone or am i going to be forced to pay the full amount.

hopefully someone can point me in the right direction

anyone any advice on this one?