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Letter of Claim

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  • presario05
    presario05 Posts: 16 Forumite
    Ninth Anniversary 10 Posts Name Dropper
    Oh so you have tried the statute barred approach previously then, you didn`t mention that before.

    The cause of action date that is the default date in most cases.

    My suggestion was to use that as a bluff, thinking they may not be aware of the last payment you made, as it was omitted from the statement they sent you.
    Sorry,this is referring to one my son is sorting i shoukd have been clearer.  But I thought the statued barred goes from last payment date.  That's what comes up on researching it.  So why would the use default date??  He knows when he last paid and they haven't proved it just saying statued barred from a date in June going off default letter.  So we are both confused.  To us if goes off last payment date.   Can someone clarify as a post above seems to say from default but researching its from last payment and it's for them to prove the last payment you made to them.  Im trying to sort one myself and help my son.  
  • sourcrates
    sourcrates Posts: 31,602 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper

    I`ll let debt camel explain matters:


    What is a cause of action?

    Someone can’t sue you for a debt unless they have a good reason to – this is their cause of action. What that good reason is depends on the type of debt, how it is regulated and, sometimes, what the contract for the debt says.

    This has always been complicated for some debts such as overdrafts which don’t have regular payments. You may have stopped using your overdraft 8 years ago, but your bank may not have realised this for a long while – so when would they have the right to sue you?

    The January 2019 court judgment decided that a creditor’s cause of action does not start for some credit debts (including some loans and credit cards) until the creditor has sent you a Default Notice. The problem here is that you may not remember when you got that or if one was ever sent. Also the creditor can just delay sending you this so your debt may never become statute barred.

    How can I tell if my debt is statute-barred?

    Unsecured debts, including most loans, credit cards, catalogues and overdrafts will normally be statute-barred in England and Wales if you can say YES to all the following four points:

    1. it had been more than six years since you last made a payment; and
    2. the creditor has a cause of action more than six years ago; and 
    3. you haven’t acknowledged the debt in writing during this time; and
    4. the creditor hasn’t already gone to court for a CCJ.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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