Clarification re Statute Barred

[letitbeme]

Can anyone clarify the issue regarding Statute Barred.

I have just spoken to a solicitor regarding Statute Barred.

He said “ Because the debt is a rolling credit agreement (Credit Card) the six years starts on the default notification date and not on the last payment date”

Has anyone got hard and clear documented proof of what the starting point is regarding Statute Barred

I have read hundreds of threads and posts stating it is one thing and then another saying it is something completely different.

This is a big forum, surely someone has a pointin law relating to it.
I hope this thread clarifies it once and for all

If you have arrived at this Post looking for a little clarity regarding STATUTE BARRED then the following may help

In relation to the claimants defence paragraph 9 as to whether the limitation period had expired in relation to the (cause of action) default notice issue date ( ) and the date on which the claimant issued proceedings ( ), the courts attention is drawn to the following point – the cause of action occurred when the credit agreements terms and conditions where breeched by the non payment on the account which occurred in Oct and Nov 2000, and thus the limitation period had expired six years later in Oct and Nov 2006. Accordingly the proceedings issued in Mar 2007 had been commenced four months too late


As a matter of public policy Statute Barred provides certain limitations of time within which claims must be brought. Where the action is commenced in relation to a breach of a credit card agreement, the limitation period will be six years and will start from the date that the plaintiff acquired knowledge of the relevant breech of the credit card agreement.

[tiglet]

It is the date when last a payment was made or the debt acknowledge in writing.

As a default can be issued at any time after the account has been defaulted, this is of no relevance. The law you are looking for is the Statute of Limitations Act 1980.

[letitbeme]

Hello tiglet

Originally Posted by letitbeme

He said “ Because the debt is a rolling credit agreement (Credit Card) the six years starts on the default notification date and not on the last payment date”

So the statement regarding "rolling credit" has no relevance to Statute Barred

LIBM

[sequenci]

Hello there,

To answer your query, if the time starts running from when the agreement was 'defaulted' creditors would NEVER send default notices out. It is suggesed that the time starts to run from the date of default which would be where, under the terms of the agreement, the entitlement for the creditor to sue for the whole amount starts. Usually this may be after two or three missed payments although most people just assume it is from when the last payment was made.

A default notice is a procedural bar and has nothing to do with limitation periods.

' A cause of action can still accrue, i.e. time start to run, even though a claimant is prevented from suing by a statutory procedural bar which precludes the issue of proceedings '

[letitbeme]

Hello sequenci

On a point of interest - if the debt is over six years old and the creditor states “there are no statements available for this account because it is past the six year period “. How can the creditor pinpoint the start of the Statute Barred period.

Regards LIBM

[sequenci]

Originally Posted by letitbeme

Hello sequenci

On a point of interest - if the debt is over six years old and the creditor states “there are no statements available for this account because it is past the six year period “. How can the creditor pinpoint the start of the Statute Barred period.

Regards LIBM

Well the onus is on the creditor to prove they have the right to chase for payment. If they cannot prove they do then the debt would be statute barred. The great thing about the Limitation Act is that the burden of proof firmly lies with the creditor, if they cannot prove that a payment/acknowledgement has been made within the last six years they would be scuppered!

[letitbeme]

Thanks sequenci.

[rudy1]

I think sequenci is right about statue barred dates, debt line advised that it is the first date from when they could of taken action, ie the date you were late for your next payment i suppose at the point they know you missed a payment. It so frustrating i was given so many different views on where i stand. It should really just be six years from last payment, this would make things a lot clearer. I did read the other day that they are changing it to 3 years but not yet unfortunately, ha would make DCA job harder.

[letitbeme]

Has any one got any threads to actual statute barred case history

[rudy1]

if you google national debtline, then search statue limitation its on there, the goverment guidelines.

[sequenci]

Originally Posted by rudy1

first date from when they could of taken action.

you would need to check the agreement because some may state there would need to be a few missed payments before they could bring action, especially when you start taking mortgages and secured loans etc.

It so frustrating i was given so many different views on where i stand.

the actual statute is pretty clear to me, it took some reading tho!

I did read the other day that they are changing it to 3 years but not yet unfortunately, ha would make DCA job harder.

they *are* trying but as you can imagine the debt collection industry as gone mad about it.

[letitbeme]

Bump
Has any one got any threads to actual statute barred case history

[sequenci]

What excactly are you looking for? I could possibly help but I'm just a little puzzled by the stuff you need!

[rudy1]

do you know when you made your last payment?

[letitbeme]

Hi. sequenci


The Particulars of the Claim (POC)

The POC has no documents attached backing up the claim
No default notice has been sent to me.
The debt is statue bar
No assignment notice has been sent to me
No account statements have been sent to me
No breakdown of the balance

I don't want to confues you, so when you've read the outline send me a quick reply and I will fill in the blanks

[sequenci]

Can you confirm that you have NEVER made a payment or acknowledged the debt in writing previously?