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UPDATE Statute Barred Yet?

2

Comments

  • Manb91uk
    Manb91uk Posts: 17 Forumite
    10 Posts
    Bump, am I on the right track?
  • fatbelly
    fatbelly Posts: 23,724 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Manb91uk wrote: »
    According to my credit file (I never received a default notice) the default date was 30/07/2014 with the first missed payment recorded in January of the same year. This was a career development loan opened in October 2012 with payments not due to start until November 2013 but I was given a two month payment holiday due to having a change in circumstances (long story)
    Manb91uk wrote: »
    Bump, am I on the right track?

    Yes, it is statute barred now if you are in Scotland, another year to go if you are England/Wales.
  • Manb91uk
    Manb91uk Posts: 17 Forumite
    10 Posts
    Why another year? Sorry, I'm being a little dense with this at the moment..
  • Because the default date, and cause of action, was 30/07/2014. Then, in England and Wales, the six-year clock would take you to 30/07/2020...
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • Manb91uk
    Manb91uk Posts: 17 Forumite
    10 Posts
    Oh, I thought it would have been statute barred from the first missed payment... That sucks
  • Have you considered a full and final settlement offer due to the age of the debt you may be able to get it cleared for a fraction of the price.
  • fatbelly
    fatbelly Posts: 23,724 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    RecentPost wrote: »
    Have you considered a full and final settlement offer due to the age of the debt you may be able to get it cleared for a fraction of the price.

    I don't think the OP is looking to pay this.
  • Manb91uk
    Manb91uk Posts: 17 Forumite
    10 Posts
    Hey guys, I have an update on this matter. I received a letter in the post with Barclays logo on the envelope and my heart just sank - "I've only got a few months to go, please don't do this to me!"

    Turns out the letter said this:

    "We are writing to tell you that you will receive a refund on the above account.  Following a recent review of our operating procedures, we have identified that for customers who were in excess of an agreed limit. And had fallen behind on their loan repayments. We did not always meet our expected standards for assessing customers circumstances or engaging with them. Please accept our apologies for this.

    As a consequence, we may not have offered you the support most appropriate to your financial situation. To address this, we will refund the interest fees and charges which were applied to your account during the period in which we may not have provided the service we should have.

    We will not look further into your case and provide further deserved. Redress unless you contact us regarding any other circumstances in losses in relation to this, we can be contacted on our helpline number *REDACTED* quoting the letter referenced above, in these circumstances, we may offer a payment for any distress and inconvenience suffered.

    The total refund due is £544.09.

     You do not need to do anything further to claim this refund, because this sum has been applied to the account and has reduced the amount you owe to us to confirm, No cash payment will be sent to you. Please note that the refund is not enough to pay off the amount you owe on account so there is still a sum of money outstanding. If you are making regular payments towards the account, these will need to continue

    While relevant, we will update your credit file with the details of this refund. Details about the account, including the amount still outstanding will remain on your credit file for up to six years from the date the default was recorded

     Where a debt collection agent has been acting on our behalf in relation to the account, they will be notified of the New Balance on the account."

    With them saying they won't be taking further action, do you think this means they're actually going to leave me alone completely? Or am I being optimistic to the point of idiocy?

  • Manb91uk
    Manb91uk Posts: 17 Forumite
    10 Posts
    Bump! Can anyone help me?
  • Suseka97
    Suseka97 Posts: 1,571 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    This is a standard letter being sent to lots of former customers following a wholesale review of their practices.  I received two of these letters myself last year.  In my view it really shouldn't alter anything in terms of what you are asking.  The account is still defaulted and the date it was defaulted won't alter.  Also, it's not you acknowledging the debt or making a payment.  It's a procedural thing, a re-adjustment of the account balance based on their calculations of overpaid interest and charges.
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