Statute barred credit card

shell1978

I completed a letter before claim form asking for CCA in feb 2019, they wrote back saying that the account was on hold until it is found. The debt will now be statute barred tomorrow 23rd July 2020. If they find the CCA after this date am I right in thinking that it will indeed be statute barred and they are too late to go to court to recover payment? Thankyou

Karonher

Hope Sourcrates does not mind but I have copied this from the reply to another poster.
CCA not the right thing to ask for, it’s like admission of the debt, you cannot ask for  someone else’s CCA can you !!!
It could be that you reset the clock in Feb 2019, but it will be best to check.

shell1978

They sent me the claim form, I didn’t acknowledge the debt as I stated that I didn’t know if I owed the debt. 

sourcrates

Well as above, you’ve essentially shot your self in the foot by acknowledging the debt in writing in February.
Asking for proof of a debt is fine, by means of the provit letter, asking for proof of my debt, by CCA request is admission, as you can’t ask for anyone else’s CCA can you.

All may not be lost, a lot of debt collectors/creditors are unaware of the difference, you could still use that as a defence and see what happens, it’s worth a roll of the dice.

Another angle is they may not have the paperwork.

fatbelly

Hmm. It's arguable, and I don't know of any court case on it.

I'd say that a s77-79 Consumer Credit Act Request is a statutory request for information on an account.

It's not acknowledgement of a debt, provided it is worded correctly.

Don't get me wrong - I wouldn't advise it as explained in post#2 here

https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter

I'm more worried by 

They sent me the claim form,

If you're saying they sent a court claim form before the six years is up, then that's your statute barred defence gone.

The pre-action protocol letter doesn't count but they have six years from the 'cause of action' date (now established as the default date) to start a claim, assuming that you do not acknowledge the debt by payment or in writing in the meantime.

shell1978

It was a letter before claim. I replied ticking box saying don’t know if I owe the debt and asked for CCA etc. They wrote back saying account is on hold til they find CCA, that was over a year ago. It will be 6 years since default tomorrow.

sourcrates

shell1978 said:

It was a letter before claim. I replied ticking box saying don’t know if I owe the debt and asked for CCA etc. They wrote back saying account is on hold til they find CCA, that was over a year ago. It will be 6 years since default tomorrow.

I think you might just be ok with this one.

fatbelly

Yeah, it sounds like they made a decision to give up over a year ago

tonyminter

I had a CC, sent Cabot the template letter on NationalDebtHelpline website. 5 days later this happened.