Well Jan '19 has come and gone. If the DCA haven't issued a claimform in time for their own stated SB deadline then they have shot themselves in the foot.

Well Jan '19 has come and gone. If the DCA haven't issued a claimform in time for their own stated SB deadline then they have shot themselves in the foot.

Perhaps so.

It depends if this is the remedy date of the Section 87 notice. If the DN notice has a later remedy date, then the SB period will still be running.

There is something going on here, this is the third case I have seen like this in as many weeks.

Under the law as it now stands, a credit or auxiliary company can now delay the sending of a section 87until hell freezes over, without breaking any law or convention .

Some who issue the default notices at the same time as markers, can and do, issue markers at any time in accordance with the section 87.

This gives the DCA much more leverage when it comes to enforcement.

Posts moved to your own thread....

Hi, I have received a letter from Lantern to a sb letter I sent them. The letter talks about one debt from Wageday which it says will be statute barred in January 2019. The customer reference number on the letter has a balance for multiple debts but only the wageday debt is mentioned in the letter.

 

The letter says:

'

Dear xxxx

 

We write with regard to the above reference account number and recent communication.

 

We note that you feel the Wageday Advance account should now be statute barred under the (Limitation Act 1980/Prescription and Limitation Scotland Act 1973/The limitation (Northern Ireland) order 1989). Firstly it is important to explain that an account only becomes statute barred if the last written acknowledgment or payment towards the debt is over a six year period. In this case , the original due date was on xxxx/2013 and will therefor not become statute barred until xx/01/2019.

 

If you have an queries or need to talk to us, please get in touch.

 

Yours sincerely

 

 

Lantern

Debt Purchase & Recovery Specialists '

 

 

The debts that the customer reference number refers to have not been on my credit file for several years. Ihave not responded to the letter.

 

Will Lantern now put the Wageday account on my credit file and keep it on file for the next six years?

 

Can Lantern use their letter as an opportunity to open up other debts which they have not mentioned in the letter but which I know have been included in the total debt of the balance.? ( I think the debts that have not been mentioned are statute barred).

 

 

Thanking you in advance and as always.

This is very important to the OP.

If the date mentioned on here is the date on a Default notice, this account will NOT be statute barred. The six year commences on the Default notice date.

If, as I expect this post is deleted I advise you to ring "CAB or "National Debt line" and ask them, before going any further.

I have no idea why the team are saying this, perhaps they are confusing me for someone who makes errors on simple matters such as this.

well the op never returned...and..

if the debt buyer say its sb 'd in jan ….its now feb...so by their own placard ..its sb'd now..

end of the matter..

dx

When was the case I have quoted DX? This is a Current issue? That is why I posted it, it should not be ignored, just because you do not like to read the new cases or legislation.

If you think I am wrong, lets hear why. Otherwise advise the member correctly.

As said before and confirmed this morning by NDL there is a lot of changing of enforcement methods happening because of this. You will see them in the next few months.

I have no issue with you or anyone else, it is merely information I am passing on, the same is available elsewhere.

I will explain the whole situation in context the BMW and the current judgement if you wish, but after the debacle last time, I thought the ADNIN would object.