Overdraft default and statute barred date?

normanna

Surprised the Bank didn't exercise their right to offset a long time ago if you had money in the other account then promptly close the second account. They have been remiss.

welly_59

ive got copy statements from the bank bandit shows last usage in June 2012 and the overdraft was withdrawn in July 2012.

Seems to me that it’s statute barred already?

[Deleted User]

welly_59 wrote: »

ive got copy statements from the bank bandit

Who is the 'bank bandit'?

Is he related to the 'loan (ar)ranger'?

[Deleted User]

No

It’s statute barred from the date of default

Willing2Learn

@ welly_59

I could be wrong with what I am typing, but suggest you investigate further.

It is my belief that the six years start from the date the overdraft is officially recalled (withdrawn). That date would be considered the 'cause of action'. The default date would be irrelevant.

welly_59

Willing2learn, I have been told the same , and this overdraft was withdrawn in August 2012(going from the unauthorised overdraft charges in septembers statement and the lack of authorised overdraft charges in the same statement)

I’ll try and get through to national debt line for advice before they close

PixelPound

Send a SB letter then, but don't be surprised if you get an answer back stating they classify that its 6 years from default date. It will also show if there is anything else that could stop going SB when expected

welly_59

they havent even sent a PAP letter yet, which they need to do at least 30 days before even submitting court proceedings. I dont know if i should wait a bit longer until going down SB route, just to make sure

Willing2Learn

If it were me, I would post the question on the legalbeagles forum as to whether the 'cause of action' thing is a red herring or not. Then post back here with an update so that we can advise accurately in the future...:)

welly_59

I’ve posted on legalbeagles but no answer as of yet. I’ve tried calling national debt line for advice over the last 2 nights but haven’t been able to get through after 2 hours on hold