Are my defaulted accounts statute barred?

sourcrates

paramount7force wrote: »

Please advise me i think they are statute barred but i need to be sure before i cancel the continous payment authorities and direct debits.

Ok, now im confused, CPA and DD to whom ?????

paramount7force

hi cpa and dd payments to 2 creditors i made my first payments last month but only started paying six years after i stopped paying them in the first place so if the loan and credit card are sb then i should just cancel the cpa and dd and write them letters, right?

sourcrates

Hi,
I see you've been asking this question on a few different posts, firstly, have you received letters etc from debt collection agencies about these debts ? you said you had paid two of them last month, but prior to that no contact for over six years, right ?
what sort of accounts are they, loans, credit cards ??? to be SB there has to be a continuous period of six years were no acknowledgement or payment is made, if that's the case then the accounts should be SB yes.
Ah just seen creditcard and loan, ok.
You could do that yes, if you receive any letters etc then you should tell them you believe the accounts to be SB.

paramount7force

yeah one is a loan one is a credit card theyve been sold to lowel and mkdp. i disappeared on 10/07 never made a payment that month and didnt make a payment up untill last month 20/3/2014. i updated my credit profile with my new address on 31/10/2013 6 years to the month that i originally stopped paying. i didnt achknowledge any of there letters untill january 2014 but only set up payment plans over the phone nothing in writing. what do u think r u following me?

sourcrates

Well if what you say is correct then yes SB would be my defence.
Any further contact from them you write and tell them you believe these accounts to be SB.
If you don't tell them that, they can still chase you, but once told, they should back off.
Don't speak to a DCA on the phone, ever, do it all in writing in the future.

fermi

Sounds like you are probably OK, but I would still have a word with National Debtline tomorrow to make sure.

paramount7force

ive emailed them and ive cancelled the cpa and dd and told them ive done so. i followed a template somebody advised me on. Im really hoping it works out and they are sb and in about 4 months they will be 6 years from default date so will be off my credit profile. ill be able to make a fresh start. i live in a council flat valued at £18000 and i get 50% off the market value from september this year + 2% off market value per year to a maximmum of 70%. I really think i can get somewhere in life im only 26. even if i have to pay it off and its not sb i will have it paid off by the time im 30 and at that point will get my flat for under £9000 with a 56% discount. im so happy i just wanna scream ive not slept all night. hopefully they will be sb. i will definitely post on here and the other thread to let people know what happens.

paramount7force

Im putting this here incase i need it in the future.

Dear Sir/ Madam

Further to the email you send me 2 weeks ago i still have not recieved any information from you which i need to mount a defence and counter claim against your companies. I am now making a further official request for information.

REQUEST FOR INFORMATION

I have received a recent court claim from your organization. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclays.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you seek to rely on in court

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to make a true defence and counter claim.

paramount7force

lowell sent me a message saying along the lines of the limitations act does not apply and the accounts wont be sb till june 2014 which is couple of months but they are saying the cause of action is from the default date set by the creditor!!! i sent them this:

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Reference number :xx & xx

You have contacted me regarding the accounts with the above reference numbers, which you claim is owed by myself.

I have already emailed your company regarding these accounts and have told you that they are statute barred. You have already sent me replies namely RE: account number xx (Thread:xx) & RE: account reference xx (Thread:xx). These replies provide no evidence that the accounts are not statute barred & and you are deliberately attempting to deceive me or have uneducated persons who are unable to understand the term evidence or persons who possibly have difficulty with the english language replying among many other possibilities behind your actions.

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and/or unfair methods.

Furthermore, disregarding claims that are disputed with words like quote "the Limitations Act does not apply" in email RE: account number xx (Thread:xx) and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980.

Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

Cause of action is the first instance of a failure to make payments.

hsbc did not set the cause of action with its own default date. The default dates set by hsbc are approximately 1 year after the cause of action therefore the account is statute barred.

I would also point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

I would ask that no further contact be made concerning the above accounts unless you can provide evidence of both:

(1) proof of my liability regarding this debt.

and

(2) payment or written acknowledgement from me in the relevant period under Section 5 of the Limitation Act.

I will also point out once again that all payments have been cancelled.

I await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

I look forward to your reply.

Yours faithfully

Mr. xx



NB. Please do not attempt to phone me. All correspondence are to be made in writing ie email or post. This is for record keeping purposes. Thank you.

what do you think?

thewhiteavenger

paramount7force wrote: »

Cause of action is the first instance of a failure to make payments.

hsbc did not set the cause of action with its own default date. The default dates set by hsbc are approximately 1 year after the cause of action therefore the account is statute barred.

That's the important point.


If they genuinely believe otherwise they must commence court action and test their position with a judge. Most would be familiar with a case involving Swansea City Council, which set precedent in this area and I think there are explanations of that case around ( earlier on this thread?) if you need them, but your letter is long enough so leave it there for now.