I'd really report them for their statement that if a default is the most recent of the 3 a debt is not statute barred

Bet the FCA would love to see that

Hello all,

Friend of mine asked if I can check something for him.

Is his debt written off after 6 years? For example letter had arrived today from DCA and debt last payment he made was on 01 Jan 2012. That when he made last payment. Does DCA 'reset's almost 6 years period of time?

 

Thank you!

Hi Andy,

 

2011 July was last payment

2012 Jan default date was recorded

Okay I was just going off your first post...so the DCA said last payment was 1st Jan 2012

Hi Andy,

No problem.

DCA is just saying at the moment that the default date for this account is 1st January 2012 then the account is not statute barred.

According to credit report that was ran by friend of mine the last successful payment was in July 2011. Then August 2011 - 1st missed payment, September 2011 - 2nd missed payment, October 2011 - 3rd missed payment, November 2011 4th missed payment, December 5th missed payment, January 2012 - defaulted

thanks for help, we will report them as well to FCA as per dx100uk suggestion

Okay with you.... so the default notice was issued 1st Jan 2012....6 months after the initial breach (August) which they state is the start of Limitations...not the first missed payment.

They will argue that the statute of limitation runs from the cause of action...they deem the cause of action as the issuance of the DN not the missed payment and the statute of limitations states.....

5. Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Accrued is a word they tend to disregard when arguing their case ...which of course it accrued from the first missed payment date (August 2011)

thanks, oh so what action need to take then? or shall wait and see what they reply with?

I personally wouldn't do anything...you now have the knowledge...if they feel they are correct then let them issue a court claim.

so you didnt bother reading my commentary on why they do this. the default date could be 5 years after the last payment but that doesnt mean a thing as far as court action.

Hi Andy,

No problem.

DCA is just saying at the moment that the default date for this account is 1st January 2012 then the account is not statute barred.

 

According to credit report that was ran by friend of mine the last successful payment was in July 2011. Then August 2011 - 1st missed payment, September 2011 - 2nd missed payment, October 2011 - 3rd missed payment, November 2011 4th missed payment, December 5th missed payment, January 2012 - defaulted

 

thanks for help, we will report them as well to FCA as per dx100uk suggestion

hi and sorry ericsbrother! i read your post. just confused now. hopefuly my friend wont go to the court..

Stop worrying. It won't happen. If they're dumb enough to issue a claim then you can just send the statute barred defence and be done with it.

I don't know why you're scared of court. It's not a criminal one. It's just you, a court rep and the claimants rep say at a table and you discuss the debt.

And that's in the very very unlikely event it ever gets to that point.

Definitely worth complaining to the FCA, these chancers are overdue a P45.

Dear all, I have received this from my friend :

Good afternoon

Further to our previous emails regarding the statute barred status for this account:

Lowell Ref xxxxxx

I can now confirm that following a review, the decision has been taken to close your account and we will not be contacting you again regarding this matter.

Kind regards

Lowell Agent

__________________________________________________________

Many thanks to all again.. :)

Excellent - show them you know your rights and they back off sharpish - well done

Good afternoon

 

Further to our previous emails regarding the statute barred status for this account:

 

Lowell Ref xxxxxx

 

I can now confirm that following a review, the decision has been taken to close your account and we will not be contacting you again regarding this matter.

 

Kind regards

 

Lowell Agent

 

__________________________________________________________

 

Many thanks to all again.. :)

Ahahahahahaha hahahahahahahaha oh brilliant! They've actually got an adult to read your email and digest it, awesome, BUT for their attempt at misleading you I'd still be complaining to the FCA.

Hey Bazooka Boo, this was done I believe. Letter was posted by Royal Mail to FCA.

Hey Bazooka Boo, this was done I believe. Letter was posted by Royal Mail to FCA.