Are my defaulted accounts statute barred?

paramount7force

what about the fact that they tried to make me pay a debt that i dont owe by just sending me an email saying that they werent statute barred?

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

shouldnt they have investigated and then provided me with evidence instead of just gettin some customer service agent to right me a bs email?

thewhiteavenger

paramount7force wrote: »

shouldnt they have investigated and then provided me with evidence instead of just gettin some customer service agent to right me a bs email?

yes, absolutely. I wasn't disputing anything in your letter.


I was just pointing it out that they were trying it on by saying that time starts to run from the default date, when they must know that other court cases make it clear that that is wrong.


https://forums.moneysavingexpert.com/discussion/comment/51947781#Comment_51947781

paramount7force

Thanks. They should reply in the next couple of days ill let u know how it goes and would appreciate any help if they start comin out with more bs. Thank you very much.

fermi

So what did National Debtline say when you phoned them about this, as I suggested?

paramount7force

sorry i didnt actually phone them. im gonna phone them now and ill let u know what they say.

paramount7force

ive just made my initial report and am being put through to a specialist.

paramount7force

Theyve not told me anything i dont already know besides from that i should contact the ombudsman.

National_Debtline

Helllo there,

The cause of action starts at the point when the creditor is first able to sue for the whole amount owing due under the contract. This principles goes back to an important case called Reeves v Butcher from the Victorian times. It may be, for things like credit cards and loans, that the cause of action starts a month or two after the last payment - as this would be when the breach occurs according to the terms and conditions.

The actual default notice requirement isn't likely to be relevent - it's regarded as a 'procedural bar'. If such a notice could prevent the running of time, I doubt any creditor would ever send them out to their customers. The Swansea City Council case is similar to this (that particular case was to do with work carried out on a property).

We're aware of the decision in BMW v Hart. In that particular case we understand that the contract wouldn't allow for action to be brought until when the creditor actually sent a termination notice. Apparently, under the terms of the agreement BMW were not entitled to sue until either they had terminated the agreement or they wrote to Hart accepting his termination of the agreement. I think this case can probably be distinguished from with regards to other types of borrowing.

If they are absolutely sticking to their argument, you may wish to ask them to provide legal authority. If they rely on Hart, that was based around a termination rather than default.

Best wishes,

David @ NDL.

paramount7force

with regards to my accounts i am nearly 100% sure they are sb. Im also nearly 100% that when it goes to the ombudsman which it may have to that they will find in my favor. im nearly 100% not fully 100% as im still a bit confused on when the cause of action was but i think now if my memory is serving me correctly i stopped making payments summer 2007 i have never admitted to owing them money and didnt make a £50 payment per debt till february 2014 for 1 which was returned because the direct debit failed can you please clarify if that still counts as a payment and then i payed all 3 creditors £50 each 20th march 2014. well or possibly just out of the six year period i think can someone please clarify if the failed direct debit counts as a payment or will payments only be counted from payments that were successful just incase im cutting it a bit thin with the cause of action. Thank you.

fermi

Beedee75 wrote: »

Help...
In November we received a court letter re:-credit card through MBNA it came through Aktiv Kapital AS Zug Branch & IND saying we owed them a huge amount of money..

Moved to the other thread on this.

---> https://forums.moneysavingexpert.com/discussion/4950812