Query on Statute barred debts

GeorgeUK

I've never been able to find what legislation covers mobile phones, but it doesn't fall under the consumer credit act.

From what i have read as i did look into this a while ago, you need to request a copy of your airtime agreement. If they are unable to provide it, then they have no proof that the agreement is yours. Phones are a bit more tricky in that respect, but there are a few threads about this.

rog2

l0rdy wrote: »

I'm just curious..because most mobile phone contracts these days allow you to simply give your agreement and details over the phone.....without ever having to sign anything.
Is this covered under the act or are there different regulations regarding mobile phone contracts?

Mobile phone contracts are considered to be 'Consumer Service Agreements' rather than Consumer Credit Areements, and, unfortunately, fall outside of the scope, and protection, of the Consumer Credit Act.
The exception to this is when a consumer 'buys' a phone, by paying in instalments with his/her monthly bill. In which case the agreement becomes a normal 'hire purchase' areement and is governed by the Consumer Credit Act. That said, however, most Service Providers tend to separate the 'purchase' side from the 'service' side and usually issue two separate contracts - one consumer credit agreement, covering the purchase of the phone, and one consumer service areement, to cover the 'line rental' and calls. It is often necessary to look into the fine print of your agreement to see exactly what type of agreement you have.
However, a consumer should never be put off by the difference in contracts. If you have a query regarding any aspect of your agreement, whether that be payments or contract terms that seem to be different to those for which you thought you were agreeing, and you are unable to resolve these 'problems' by talking to the provider, then you can always request a copy of all information that the provider holds about you and your 'contract'. To do this, you would need to make a Subject Access Request (SAR). Under the terms of the Data Protection Act, 1998, the creditor is obliged to give you a copy of all information that he holds on you - this should include any transcripts of telephone conversations that would clarify the terms of any 'contract' which you agreed to. There is a £10 'Statutory Charge' for an 'SAR' but the creditor must provide you with the full information that you requested within 30 days of your request. From this information, you should be able to identify any areas of concern and can question these, initially with the creditor but also as 'evidence' in the case of court proceedings. Should a creditor fail to meet his obligations under the Data Protection Act, then he can be reported to the Information Commissioner, and could face very severe penalties.
For more information about Subject Access Requests, have a look at the following link:

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

l0rdy

I was involved in a case with a company who provided my girlfriend with a mobile phone, it used to be on these forums but the company actually ended up getting the posts relating to them pulled from this forum after we got them to court.

To cut a long story short, they conned my gf in to taking out the contract and then when the phone arrived they wouldn't accept it back and said she had waived her statutory rights and they had recordings of conversations etc....long long story.........the outcome though of putting in a Subject Access Request was........NOTHING!!! Was so ***ed off!! Got in touch with the information commissioner and put in an official complaint that they had no responded or provided the information and the response......"sorry, there is nothing we can do"

Sometimes, although these things sound like they might work...they really don't!!

The only good thing was that 18 months after taking out the contract my gf finally got the money back plus expenses from a very long and drawn out court case..

hubster36

Hi All,
can you help me i have adebt running back from 2002. last payment i sent them or wrote to them was in 2003-04, now getting letters from hfo demanding payment, is it statue barred now, although it was not defaulted till 2006. does statue barred start from when i last made payment or from default time.

Many thanks:D

Tixy

Hi husbter

The clock for a debt going statute barred starts the last time you paid towards the debt or wrote to them acknowledging you owe them money. It is not the default date as that is an action by the creditor not an action by you (if hfo try to tell you different they are wrong). Have a look at this more recent thread and info for template letters etc - Statute barred debts and the Limitation Acts

hubster36

thx tixy i will send off a status barred form from the link u gave me , :T:T

hubster36

Hi all i copied a statue barred letter and sent to hfo saying i had not made a payment or acknowlede the debt since 2003, but had letter today saying its not statued barred as default was not till 2006, and they had wrote to me in 2006 and 2007 even though i did not respond. and thay say its not statue barred because of that.. so i dont know where i stand i may have to go to cab and see what they say, can anyone on here clarify for certain .. many thanks

nottoolate

hubster36 wrote: »

Hi all i copied a statue barred letter and sent to hfo saying i had not made a payment or acknowlede the debt since 2003, but had letter today saying its not statued barred as default was not till 2006, and they had wrote to me in 2006 and 2007 even though i did not respond. and thay say its not statue barred because of that.. so i dont know where i stand i may have to go to cab and see what they say, can anyone on here clarify for certain .. many thanks

hfo are lying scum :mad:

you need to report those lies to the oft

phone national debtline to confirm

phone number is somewhere in thi link

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Jasonata

Please can someone explain something to me, i had a personal loan with hsbc, i made some payments to it although that would have been 7 years ago as my memory serves me! But what would happen if i sent the Statute Barred letter denying ever having the loan, and they can prove i made a payment 5.5 years ago, if i deny having the loan could i then just wait 6 months making it up to the 6 years and send the letter again? Or would i have to wait a whole 6 years again? Surely if i was not acknowledging ever having the credit the first option would be the case? Many thanks

Tixy

Jason

Hi and welcome to the forum, this is a very old thread and its usually best to start a new thread.

Have you actually sent the SB letter to your creditor/debt collector or are you asking before sending it?

Ideally you need to wait until you are sure it is SB before sending the template letter.

Alternatively their is a hybrid letter which does not acknowledge that you owe the debt, but states that if you did it would be statute barred - this letter would perhaps be more suitable in your case, as it specifically does not acknowledge the debt.

This thread contains up to date info and templates in relation to statute barred debts - the one in post #5 is the hybrid letter Statute barred debts and the Limitation Acts