Statute barred

beasygirl

Sorry if I am hijacking the thread but I wondered if anyone knows if the statute bared rule apples to overdrafts as well as credit cards and loans?

I have searched the forum and can only see threads regarding credit cards and loans.

Thanks in advance

never-in-doubt

beasygirl wrote: »

Sorry if I am hijacking the thread but I wondered if anyone knows if the statute bared rule apples to overdrafts as well as credit cards and loans?

I have searched the forum and can only see threads regarding credit cards and loans.

Thanks in advance

Limitation Act (i.e. Statute Barred) covers all debts, including overdrafts - yes.

never-in-doubt

GeorgeUK wrote: »

There is a template letter you can send to stop doorstep collectors from calling.

You are quite right though, they MAY come to your house and request that you pay, but that's all they can do. Alot of the time this is just a threat to get you to call them - just stick to your plan and hopefully this will be done and dusted in a few weeks.

Yep - found here: Bailiffs and Collections

Specific letter here:Threat of Doorstep-Visit

never-in-doubt

fatreg wrote: »

Following on from my recent posts, I had a letter from MH yesterday saying I had 72 hours to pay or a door step agency will come, !!!!!! are they going to do? They don't have a CCJ so won't be stepping foot inside my house, and the car parked on the driveway is a courtesy car as mine is being written off....

Only a few more weeks then I can dispatch some letters..

Cheers

Even if they did have a CCJ they can't just walk into your house! But see post above for letter to send, i.e.: Threat of Doorstep-Visit

beasygirl

never-in-doubt wrote: »

Limitation Act (i.e. Statute Barred) covers all debts, including overdrafts - yes.

Thank you for the information

das

never-in-doubt wrote: »

Limitation Act (i.e. Statute Barred) covers all debts, including overdrafts - yes.

I don't believe you can send a CCA though, an overdraft is a service agreement, not a credit agreement.

This is the trouble I am having.

I have sent several "prove it" letters (not CCAs) to my DCA and they just ignore it and send letters to suggest that "there has been an oversight on my part" and they would like some money. They have given up on phoning me.

They can still go and wee up a rope though.

never-in-doubt

das,

I never suggested that you could send CCA to a bank for an O/D - I know full well you can't - see my previous posts! Point is though, that what you can do is utilise reclaim to get the charges reduced - see here: http://www.moneysavingexpert.com/reclaim/bank-charges?dd

However, if you're almost at SB date (i.e. 6 years Eng / 5 years Sco) then its best to let the clock tick down and then forget it. An overdraft is exempt from CCA1974, so there is no provision to comply with any s.78 request or anything else CCA related.

das

never-in-doubt wrote: »

das,

I never suggested that you could send CCA to a bank for an O/D - I know full well you can't - see my previous posts! Point is though, that what you can do is utilise reclaim to get the charges reduced - see here: http://www.moneysavingexpert.com/reclaim/bank-charges?dd

However, if you're almost at SB date (i.e. 6 years Eng / 5 years Sco) then its best to let the clock tick down and then forget it. An overdraft is exempt from CCA1974, so there is no provision to comply with any s.78 request or anything else CCA related.

Hey Nid, how are you?

I never suggested that you suggested such a thing :-)

In my case I am well over SB date, it dates back from the early-mid 90s. I made some payments to the DCA (Global) until I found this forum.

I sent "prove it" letters but all they come back with is letters suggesting that I've "forgotten" to pay what I owe them. No threats as yet.

Not sure what else I can do now as they seem to be ignoring my prove-it letters. They were sent recorded as well.

However, now I know my rights thanks to you guys, I am no longer losing sleep over it!

das

never-in-doubt

das wrote: »

Hey Nid, how are you?

I never suggested that you suggested such a thing :-)

In my case I am well over SB date, it dates back from the early-mid 90s. I made some payments to the DCA (Global) until I found this forum.

I sent "prove it" letters but all they come back with is letters suggesting that I've "forgotten" to pay what I owe them. No threats as yet.

Not sure what else I can do now as they seem to be ignoring my prove-it letters. They were sent recorded as well.

However, now I know my rights thanks to you guys, I am no longer losing sleep over it!

das

Das,

so long as you last paid the DCA over 6 years ago (assuming you're in England) then they cannot do anything, also your credit file cannot have any link to that old account, as it would be over 6 years old and therefore drop off their systems..... the exception would be if they went and defaulted you a year after you last paid in which case it would be SB'd a year before the default drops off your credit file iyswim?

I'd send this again: Statute Barred Debt - England, and leave it at that, if they carry on hassling you, then complain here: http://www.oft.gov.uk/about-the-oft/legal-powers/legal/competition-act-1998/complaints#named1

Best of luck

das

never-in-doubt wrote: »

Das,

so long as you last paid the DCA over 6 years ago (assuming you're in England) then they cannot do anything, also your credit file cannot have any link to that old account, as it would be over 6 years old and therefore drop off their systems..... the exception would be if they went and defaulted you a year after you last paid in which case it would be SB'd a year before the default drops off your credit file iyswim?

I'd send this again: Statute Barred Debt - England, and leave it at that, if they carry on hassling you, then complain here: http://www.oft.gov.uk/about-the-oft/legal-powers/legal/competition-act-1998/complaints#named1

Best of luck

Nid, I've paid the DCA recently.

See this thread: https://forums.moneysavingexpert.com/discussion/2070421

I know it doesn't start the clock ticking again as some people suggest so I'm 100% sure that I'm fine.

There's nothing on my credit file either.

To be honest, I am really looking forward to them calling me so I can have some fun...but they never do any more. just the odd letter which just says I've made an "oversight" by not paying them. No hassle really. I'd love to get stuck into them though after knowing what I do now after reading this forum.

das

PS: I'm in Wales, not England. I know the laws are the same, just being pedantic :-)