Statute barred debts and the Limitation Acts

rizla_king

You need to go and ask the people on this forum http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

Debt_slave_2

cannotsave wrote: »

Hi Everyone,
Could someone please tell me when the clock starts ticking for the 6 years with a debt to become statute barred thanks. my situation is I have been issued with a ccj claim dated 17/6/2014 for a loan i took out 9/10/2007. I stopped paying the repayments around 9/3/2008 and had not replied to any letters or phone calls from the bank or debt collectors at all .
So I sent my defence as claiming statute barred. Now the solicitors have replied saying the bank did not terminate the contract until 15/10/2008 and so this is the date that the clock would start ticking.
Is this true? and many thanks for any help.

I do believe it starts as soon as you stop making repayments,I may be wrong. I've personally found a simpler solution to this. I simply ask them to let me see, the original credit agreement, signed by both parties. Not to send it to me, just for me to come & view it somewhere their happy with, also to prove, they lent me some money. With Some profit/loss accountancy showing they moved monies from their account to my account, showing they've incurred a loss. As their making this claim, therefore they have the burden of proof. I find this a very simple solution. This is just my way of doing things it's not to be construed as advice in any way shape or form. If you do a little homework.

sourcrates

No, the solicitor is trying it on, relying on the fact that you are unaware of the law regarding the Limitations act 1980.
The ‘limitation period’ starts from the time of your last payment, not the total length of time you’ve been making payments, or when the bank "terminated the contract". If a court judgment (CCJ) has been registered against you before the limitation period has passed it can be enforced at any point. There is no limitations period for a CCJ.
A CCA request does not affect statute barred debts, it is a different issue entirely.

cannotsave

that is what I thought but was unsure. many thanks for your reply

fatbelly

They may try citing the case of BMW v Hart. Any decent judge should knock that into touch for a simple loan. The 'cause of action' was when you missed the monthly instalment.

cliff_hanger

Hi, great thread, I have a quick question about good old Capquest. (Hope I'm posting in the right place, I'm still new to posting.)

Two months ago I got an email from Capquest chasing an old Egg account from 2006. I replied by letter (based on National Debtline's "Statute Barred" template) and received a reply on 24 May saying this was on hold "pending investigation".

Now part of me feels I should leave this alone, but a more worried part of me feels I should push for closure and push for them to confirm they've no further interest in this. Does anyone have any advice on how to proceed, or how to word my next letter to them ?

Thanks for any help you can offer

fatbelly

cliff_hanger wrote: »

Hi, great thread, I have a quick question about good old Capquest. (Hope I'm posting in the right place, I'm still new to posting.)

Two months ago I got an email from Capquest chasing an old Egg account from 2006. I replied by letter (based on National Debtline's "Statute Barred" template) and received a reply on 24 May saying this was on hold "pending investigation".

Now part of me feels I should leave this alone, but a more worried part of me feels I should push for closure and push for them to confirm they've no further interest in this. Does anyone have any advice on how to proceed, or how to word my next letter to them ?

Thanks for any help you can offer

Leave it alone. The ball is in their court. But it is worth checking that there's nothing dodgy on your credit report.

suzie1977

Hi

I really need some help 5 years ago I lost my business I did not declare myself bankrupt as I did not have the £600 to fund it.

I have had a notice of court proceedings for an old credit card where no payment has been made for 6 years I did quote the debt as statue barred in my defense but the court has said this is not acceptable so now I have requested to go to mediation can I still quote this during mediation and I am not sure why the court did not accept this defense.

I had a personal loan and this again has had no payment made since 2008 can I still use the statue barred letter and if so how is the best way to proceed.

I really appreciate your help as I am trying to rebuild my life after what was a very bad time.

suzie1977

Sorry I meant to add both debts are personal debts and where taken out prior to becoming self employed.

sourcrates

suzie1977 wrote: »

Hi

I really need some help 5 years ago I lost my business I did not declare myself bankrupt as I did not have the £600 to fund it.

I have had a notice of court proceedings for an old credit card where no payment has been made for 6 years I did quote the debt as statue barred in my defense but the court has said this is not acceptable so now I have requested to go to mediation can I still quote this during mediation and I am not sure why the court did not accept this defense.

I had a personal loan and this again has had no payment made since 2008 can I still use the statue barred letter and if so how is the best way to proceed.

I really appreciate your help as I am trying to rebuild my life after what was a very bad time.

Could be its not SB then, you need to be sure of your dates, I would try and find out when the last payment/acknowledgement was made, maybe the court already knows its not SB, I don't know, looks like you will have to wait on that one, again with the loan, you need to be sure of your dates, as long as there has been a period of 6 years with no payment then it should be SB, unless a CCJ has been granted that your unaware of.