Is this debt statute barred?

Gordon_Hose

Why do you need the CCA? When was you last payment? If it was before 19th January 2010 then the account is well and truly statute barred and that is the only defence you need to enter.

The ONLY way the SB clock can be restarted is acknowledgement in WRITING or making a payment within the 6 years after you made the last payment.

fermi

Nicki1968 wrote: »

just a bit un-nerved by Lowells claim as payment was made last year, which they kept repeating saying i had restarted the 6 year rule

As said, if statute barred before that payment, then it is a lie that it restarts the clock.

Bryan Carter and Lowells will bare faced lie to get you to pay, so I'm not surprised.

fermi

Gordon_Hose wrote: »

Why do you need the CCA? When was you last payment? If it was before 19th January 2010 then the account is well and truly statute barred and that is the only defence you need to enter.

It's insurance in a case like this. Have seen it more than once where it is thought that something is statute barred, and the defendant genuinely believes this, only for something they had honestly forgotten they had done to turn up at the last minute.

Plus the more potential grounds you have to defend with, the better the likelihood that the claimant will give up and discontinue at an early stage. Otherwise BC/Lowells and similar try to BS the claim through right up to the wire, which is very stressful for the defendant. Every weapon to encourage them to end it earlier is good.

fermi

Nicki1968 wrote: »

i have now posted the same post on their forum for further advice, thank you for your help

Can I have a link to that post or thread please?

I like to keep tabs on how things go if poss.

Can't find where you posted ATM.....

Nicki1968

Link to the thread, i couldn't use the same username, it was already in use



http://legalbeagles.info/forums/showthread.php?76292-Is-debt-statute-barred-court-claim-issued!&p=612102#post612102

sourcrates

Seems to be a lot of statute barred accounts doing the rounds at the moment.
Looks like someone's been clearing out there portfolio before the end of
the tax year !!!!
Reeks of desperation to me !!

fatbelly

Nicki1968 wrote: »

The last date anything happened with this account was back in 2007, not sure the conversation i had with Hamptons in 2013 counts as acknowledging the debt, the default date on my credit file shows 7.12.07 even though Lowell are saying it is 15.04.08, either way even when i spoke to Hamptons i am pretty sure the 6 years would have lapsed by then......just a bit un-nerved by Lowells claim as payment was made last year, which they kept repeating saying i had restarted the 6 year rule

Phone conversations do NOT count as acknowledgement - the Limitation Act is clear that it must be by payment or in writing. It is likely that the last payment was in mid-2007 and so statute barred in 2013, or two and a half years before the court claim!

Gordon_Hose wrote: »

Why do you need the CCA? When was you last payment? If it was before 19th January 2010 then the account is well and truly statute barred and that is the only defence you need to enter.

The ONLY way the SB clock can be restarted is acknowledgement in WRITING or making a payment within the 6 years after you made the last payment.

You are right, Gordon, but the legal beagles strategy seems to be to make the claimant do maximum work or face a list of defences. In the unlikely event that the SB defence failed, the judge would still consider the other defences. Most cases are not as clear cut as this one.

Even if we accepted their fake claim that the debt was defaulted 15.4.08

and their wrong interpretation that that constitutes the 'cause of action' on a credit card

and their fake claim of a payment on 4.3.15

then a claim started on 1.1.16 was already out of time unless they can successfully rewrite s29(7) of the Limitation Act:

a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

Nicki1968

Thanks for everyones input and comments, i am quite hopeful that the statute barred will be in my favour, fingers crossed, i will update when i have a response

redspidy

I am also in a similar situation.


I have just checked my credit report and have noticed that there is an open account with scottish power showing with a default for a previous property I moved out of 7 years ago. The default is due to drop off my credit report next months. However, scottish power have never tried to contact me about the outstanding amount nor have I acknowledged it since. I have received no correspondence for scottish power or any debt collectors about the outstanding debt.

However, for some reason the entry is showing the balance reducing by over half in 2013. I never made any payments as I wasn’t even aware the debt existed! I’m pretty sure my gas and electric at the old property was supplied by British Gas and all their bills were paid in full before I left the property!

Will the account with Scottish power be closed now that it is statute barred or will they continue to log it the balance on my credit report each month?

fatbelly

redspidy wrote: »

I am also in a similar situation.


I have just checked my credit report and have noticed that there is an open account with scottish power showing with a default for a previous property I moved out of 7 years ago. The default is due to drop off my credit report next months. However, scottish power have never tried to contact me about the outstanding amount nor have I acknowledged it since. I have received no correspondence for scottish power or any debt collectors about the outstanding debt.

However, for some reason the entry is showing the balance reducing by over half in 2013. I never made any payments as I wasn’t even aware the debt existed! I’m pretty sure my gas and electric at the old property was supplied by British Gas and all their bills were paid in full before I left the property!

Will the account with Scottish power be closed now that it is statute barred or will they continue to log it the balance on my credit report each month?

From what you say, it's not even your debt! Sounds like another c0ck-up by the world's worst energy company. However, as the record disappears next month there's not really anything worth complaining about ... unless someone does eventually start chasing it.