Please can anybody clarify something for me, I apparently had a loan with HSBC taken out in May 2007, my credit file says I made 4 Payments taking me up until October 2007. I have a default date on the credit file dated March 2008. my question is does the 6 years start from the month they claim I stopped making payments or from the date they defaulted my account? Many thanks

Hello again CAG I am almost at the point of my financial life being totally clear. I had two outstanding defaults on my credit file, one fell of in August 2013 and One falls off in February 2014 - then my credit file is clean and my life can go on as normal... However, Blake Lapthorn have taken over a debt from Arrow Global, totalling around £7k, originally from HBOS. This was for the debt that defaulted in August 2007 and "fell off" in August 2013. It is not longer on my credit file. However, in my naivety, I paid £1 per month towards this debt for a long time to have it "frozen". My last payment was 3rd April 2008. Blake Lapthorn "think" my last payment date was 2010, but I have confirmed with HBOS that this was incorrect, that there was a transaction on the account in 2010 which was interest raised when HBOS sold the debt to Arrow Global. So, Blake Lapthorn is wrong. Blake Lapthorn have not yet filed court paperwork, and I have contested my last payment date to buy some time, while they investigate. If this case doesn't proceed until >3rd April 2014, then it would be statute barred, right? meaning: - 6 years since last payment - 6.5+ since default was registered If this is correct, then I really need some advice of what to do to distract Blake Lapthorn to stop them rushing this through court to register a CCJ before this cut off date. They don't know yet that 2008 was the last payment date, but they have gone back to investigate their records with HBOS. They will find out very soon, lets assume just after Xmas. How can I buy 4 months without them arguing to the court that the "only reason for delay for court was because I was timewasting" - how can I do this guys?? I'm hoping for some real practical ways to hold this off and ensure that the debt is statute barred. I cannot risk a CCJ when I am so close to being clean and having a perfect clean slate. I run all of my debts perfectly now, and I made some mistakes when I was a student. I just want to be free from all of these nasty DCAs and bad credit. Thank you every so much for your thoughts, guidance and comments.

hello there i hope that you may help me. i had taken out a credit card in 2001 but had stopped paying in 2004 because of financial trouble i plan on using the statue barred defense

Hello, I have an old debt that is statute barred (last payment made 08/07) and no correspondence from me in between. Lowell have taken me to court and I am due to see them there next week. I have written telling them it is SB but they are saying it did not default until some six months later so is still enforceable. I thought SB related to payments and correspondence and a default can be added anytime so is not relevant. Please can somebody give me the facts urgently! Thank you for your time.

Had an Argos card in 2005, This received today after sending statute barred letter. Dear NM We acknowledge that the account is statute barred and so governed by the Limitation Act 1980. Under the OFT guidelines it is accepted that legally the debt still exists but that the collection of these debts must in no way be contrary to section 40(1) of the Administration of Justice Act 1970. Whilst we don't consider our actions have breached any law or regulatory guideline, your account has been withdrawn from our regular collections process. If you have any queries call one of our customer advisors. Oh how that must hurt

Claim for a believed statue barred debt has arrived. I am going to defend all. About 8 years I had problems with debt and believe sorted them all out. I do not recognise any of the figures on the claim form . Any help appreciated. I intend to fill in the Acknowledgment form. Do I send in the defence page at the same time because I am not sure of any details of the debt [it might be one I missed in the early years]. Any help would be appreciated ,thanks

Hi I have four different debts which have been with me for a very long time. I intent to deal with them now, and any help would be greatly appreciated. Firstly I have 2 separate debts with 1st Credit a company based in Riegate. the first of these two debts with 1st Credit is for a Barclaycard I took out on 3rd of March 1999. The default date for this debt listed on my credit report is 30th December 2008, however I think I stopped paying or contacting barclaycard a lot sooner than this date. I am not sure exactly of the last date when I made a payment or contacted barclaycard in regards to this debt. I am pretty sure however that it has been there or there abouts 6 years since I last acknowledged this debt. Can somebody please advise me as to how I can find out the exact date of my last acknowledgement, so then i can decide what is the best next step to take. The second of the two debts with 1st Credit is for another credit card with a different company. the start date of this card was 7th August 2003 and the default date was 30th April 2008 as listed on my credit report. Same again with this debt it is very close to the 6 year mark, however I need to know what is the best procedure to find out for definite the dates of my last acknowledgement. As far as I can remember I have not been in touch with or paid anything to either of the credit card companies or any subsequent DCA with 1st Credit being the most recent. But i would like to be sure before I make my next move. So Just to summarise, both the above debts are with 1st credit as two separate debts and i have only recently started receiving letter about these debts in the last few month since a company did a credit check on me and asked for my current address. before this time i have not spoke to anyone in regards to these debts for around 6 years and I would like to know the exact dates of my last acknowledgement, please can someone tell me the best way to go about finding this information, and also advising me on what would be the next right step. In regards to my third debt this is with a company called Cabot Financial (UK) LTD. This is also for a credit card debt. I took out this card on 9th September 2003 and defaulted on 21st December 2009. This company does not have my current address and are sending letters to one of my previous addresses, which is a friends house so I know they are still writing. as this debt is listed as default in 09 and I am unaware of my last acknowledgement date, what would you guys advise i do with this debt? I think it has been over 6 years I have not acknowledged anything however I am a little unsure and don't want to end up making a bad situation worse by contacting DCA too soon. Any suggestions as to how i should handle this debt would be greatly appreciated. My Final debt is with a company called Hoist Portfolios. This is listed on my credit report as being started on the 10th May 2006 and defaulted 1st august 2008. If I remember correctly this debt is for a utility bill, and they are not currently contacting me. what would be the best thing to do with this debt? by this i mean in terms of contacting the DCA to find out when a last acknowledgement was made of the debt. Pleased advise as to what is my best next tep in regards to the above four debts. I look forward to your responses. Thanks

Could someone clarify this as I was asked by a friend this morning They had an account with Natwest, last used in 2008 Jan. Tried to claim fees for hardship in 2010, and never went through with it. Has this reset the clock as I can't seem to find anything ?

Second Letter that I opened this morning BCW Pursuer Aktiv Kapital Creditor GE Capitol Global B&Q Ref VISIT BY DEBT INVESTIGATION OFFICER Dear new-me We regret to note your account with AK for £300+ remains outstanding You were informed in our last correspondence of impending court action. As a consequence of your failure to contact us and agree a resolution to this long outstanding matter, we must advise you that we are left with no option other than to proceed with a Personal Visitation by a Debt Investigation Officer to your home address om order to discuss and agree repayment of the debt. If your address details are incorrect or there is a particular time you wish the Officer to call we would ask you to contact us immediately on 0844 571 4210 Yours faithfully BCW Oh how I chuckled at the Personal Visitation, made me think of a bat or something dark coming to overpower me LOL After reading these forums I will not let anyone put the frighteners on me again. Please can someone baby step me through this proceedure.

Had a letter from a well known mid garden of england branch of shysters and a follow through from a town with a rugby stadium firm chasing an SB account. After some sharp letters Firm 2 have passed back to firm one who acknowledge that it is SBand not legally enforceable and usuall bowlarks about still being able to have the right to request paymentand excercise their rights in this regard as the account remains legally recoverable, - yeah right Stat B is Stat B it doesnt exist any more? or am I wrong? Ideas for what to say to SE England firm when, as they no doubt will contact crying and pleading or just a quick copy of the SB 2 letter and a formal complaint to all regulatory bodies? Many thanks

I'm looking for a template letter to use to send to a DCA/solicitor They reckon a credit card account which I've not paid into for over 6 years needs paid or else they are going to issue court proceedings. Every time I click on a link on this site it tells me I don't have access to the link Yet I've been posting on and off on here from 2007............. anyone???

Hi Just reading the newsletter regarding Lowells and Statutory demands can they use this procedure to chase debts that are 10 years old and therefore statute barred Can the defence of a debt being statute barred stop a Statutory Demand I am not being chased by any debt collection agency at this time

I knew getting my paperwork sorted by reading that post by Sarnie was pushing me in the right direction and I still feel empowered. This morning have had a lovely letter from Midas entitled LITIGATION WARNING, and i DIDN'T burst into tears ! I haven't got a scanner so will have to type it in. Dear new-me re LLoyds TSB Bnk PLC Balance £3000+ Litigation Warning We are part of the Moorcroft Group and are aware that you have failed to reach a repayment agreement with Moorcroft Debt Recovery Ltd concerning the above account. We are now reviewing the account prior to any possible legal action by external solicitors acting on behalf of our clients. To prevent possible further action you must contact Moorcroft Debt Recovery Lts at the following address Moorcroft Debt Recovery Ltd po box 17 Moorcroft House, 2 Spring Gardens Stockport SK1 4AJ Tel No 0161 475 2830 Fax No 0161 477 3864 Failure to contact MDR by 08/01/10 may result in the issue of legal proceedings without further notice. Quote Ref No Yours sincerely Mr. M Dobson Litigation Manager Well back in June/July I sent of my £10 to get all statements and have never had them, had silly letters saying that i should speak to customer services, I'd made a hardship claim but they weren't interested. I'm still living on pennies ................ So dear Caggers can you guide me through this maze in baby steps cos am totally lost now. I need guidance from an angel .....

Hello all and thank you for taking the time to read my post. I was a university student from 2005-2009. I had a student account, with £1400 overdraft, with Natwest from 2005 until September 2008 (When a notice was issued under section 76(1) and 96(1) of the CCA 1974. I saw foolish enough to apply for a £5000 loan in October 2007 from Natwest, which I was approved for, despite being unemployed. I could not afford to pay this loan and a default notice was issued in October 2008 under section 87(1) of the CCA 1974. The last payment I made to either of these accounts was 25th July 2008. Other pertinent information: Default date for loan on Credit Expert says 12/2008 despite Default Notice saying 10/2008. Default date for overdraft on Credit Expert says 12/2008 despite Overdraft Notice saying 09/2008. Both accounts not updated on Credit Expert since 08/2010. My Questions: Should the overdraft receive a default notice like the loan? As I have not acknowledged either account since 07/2008, will they become Statute Barred in 9 months? Will Natwest wait until the last minute and then file for a CCJ? How common is it for them to not update an account for over 3 years? Thank you for reading. I hope somebody can help.

Hello, I'm looking for a bit of help or guidance please. my brother got a letter today from cabot telling him that his cc debt has been passed on to Optima collections. He's at his wits end as he thought all this had 'gone away'. He lost his job a few years ago (2008), through depression and marital break up, and asked the CC company to take reduced payments as he did not have much money coming in, they said no. Then he wrote and asked them to confirm they had a CCA and said the account was in dispute - they never replied and he assumed the lack of response meant they did not have one. He wrote to them again in Dec 2008 asking if they would take reduced payments as he did not want to 'shirk' the debt but still no answer. They passed the debt on to cabot as they wrote to him last year but he simply ignored the letter. Anyhow he has received another today telling him it's been passed on to Optima and they will be in touch but he's worried sick that they will come to his door! Can anyone tell me if there is anything he can do? is the debt statute barred now? he's made no payments since Aug 2008 and no contact since Dec 2008? Should he write and tell them the account is in dispute?

Hello everyone and anyone, I wont bore you with my life story but I made some silly mistakes years ago and was left with a couple of credit cards and a student overdraft with which I had no means to pay. I went abroad for a while and just haven't bothered with any form of credit since my return recently. The debts were at a relatives house and after he got sick of telling the DCA's I didn't live there he just started chucking the letters in the bin. Very few are received nowadays, however, he has informed me of the most recent one which is from Bryan Carter Solicitors and basically says on behalf of Fredrickson International and Lowell Financial they will soon be commencing legal action. I have no paper work and I'm not really sure if its even the credit card or overdraft they are after as the figure seems a lot larger than what I remember for both. However in regards to my credit cards I know for certain I have made no payments or had any contact since early 2007. The overdraft is roughly the same however it might even be the end of 2006 when I last used the account. I have considered checking my CRA file but I haven't even used a traditional bank account since the 2006/07 previously mentioned and don't really want to fill in my current address with the CRA's if anyone will be able to get hold of it (will they?). I have been reading with interest all the information all over this site and especially in regards to statute barred debts and whilst I am pretty sure the credit cards are barred by now the overdraft is a little more fuzzy. Should I just send off the letter stating the debt is statute barred anyway? Thanks for any help.

My husband has received a letter from Lowlifes today for an overdraft on an Abbey National account from (if memory serves me correctly) about 10 years ago. It tells us that the account (which was joint with me) was opened in 1998 and I know we didn't have the account when we moved 9 years ago. Hubby is invited to call them to discuss clearing this account (which I thought was very kind of them lol) and that they used his credit file to obtain his address. How should we respond? There is no way on Gods green earth that any movement has occurred on this account within the last 6 years but looking at other posts fear reprisals due to their aggressive tactics!

Hello everybody, always found a lot of useful stuff on here but first time post as this is a bit more specific, need some help about the right thing to do. A few weeks Ago, started receiving voicemails on my mobile from Marlin and Bramber asking me to call them which I never did. never spoke to anybody on the phone as they would probably ask me to verify details which I won't do. Just noticed today that an old debt for £150 (re)appeared on my credit file. The debt wasn't there few months ago. Itis linked to a credit card I had with MBNA. I believe this debt was settled with a different collection agency ages ago... . so long ago that I can't remember when and where I may have paid that money if I ever did.. . I remember contacting the credit card company asking about this outstanding amount on the account but they told me, They wouldn't deal with it anymore. i haven't heard from anybody since that. (currently living at a different address from the one where the card was registered) The start date shown on the credit file for this debt is 01/10/05 and default date shown on the credit file is 15/10/07. I have never acknowledge this debt to Marlin or Bramber. What should be my next move?? Should I try to prove them that it has been paid already if it has? I'm not sure of that... :-\ should I wait October to see the debt removed from the credit file and hopefully have the date status barred? what can the debt collectors do as their next move? is it worth paying this £150 if there is a risk of court judgment that would make my credit file worse?? sorry for the long and boring post but thought I'd give as much details as I have to get some advice from you.... Thank you.

Can anyone help with this query. I was sent a letter from 1st Credit from Reigate contacting me about an account I had with The Abbey National in 2007. I moved addresses in May 2007 and had nothing to do with The Abbey since then. In July 2007 I left UK to work in Malta I have recently returned. 1st Credit wrote to me at a new address asking me to get in touch with them when I did they said that I was still owing £1400 to he Abbey. Seeing that I had not paid anything since May or June 2007 I sent them a Statue barred letter. They have replied that because a default on my file was not placed until 18th October 2007 they are not regarding it as statue barred, are they right?

Hi There, I posted another thread a few days ago and thanks to the comments received so far. I'm now considering to send a letter stating the debt is statue barred however i just want to run something by the members here. I took out the loan back in around 2004ish. Defaulted on payments around 2006ish so technically i believe it's now statue barred. The question I've got is what happens after i've sent this? Will they update my credit file stating it's settled? Could they take legal action to recover the debt still? Any advice would be welcomed.

Hello everyone, just a quick question here. I'm trying to get everything in my credit file back into the green after recently viewing it for the first time. I've found a debt for an unsecured loan with the balance outstanding of £2700 from Welcome finance. The last acknowledgement/payment is coming up to the 6 year period in October (Don't know if this applies for loans as well as credit cards?) but on my credit file in noddle it's showing as BB (payments up to 6 months late) and has been in the red since July 2008. I don't know why the discrepancy between the last payment and the date they started reporting it on my credit file. It has never been entered as in default. I'm unable to pay it and as such it is likely to go over the 6 year period as I have recieved no contact from the loan company. What will happen to this on my file? If they can no longer enforce the debt I don't want them to continue to leave a trail on my credit file.

Hi Folks, A newbiehere, please bear with me. I have taken a DCA to Court whom had been harassingme for years for a debt that didn’t exist and furthermore the debt should havebeen statute barred as the last acknowledgement was in January 2006 guaranteed. The casehad been transferred to my local court on 16th Aug. I stated in the claim form NI: debt is statutebarred under s5 limitation act, DCA breached DPA under s10&a12, Harassmentand DCA registering an illegal DN. They filed a defence in court stating: I breachedcredit agreement by not paying up and a Default Notice was served 20 monthsafter I had breached the agreement. They also state Assignment and terminationnotice were also served. They are lying 100%. Never received alleged DN andAssignment notice or termination notice. Now,forgive me if I am wrong, I understand DN are normally served within six monthsof missing payments as per ICO rules, isthis correct ?if so how could they allege otherwise ? 1) As proceedings have now commenced andcase been sent to my local court, how would I go about getting acopy of the documents they had referred to in their Particular of Defence i.e Default notice, Assigment Notice andTermination Notice before hearing date ? 2) Will there be a standard disclosure process beforehearing date in which they will be forced to disclose these mentioned documents 3) Shall I file cpr 31.14 / remember proceedings areat local court but no date set yet 4) Will I have to bear the cost tothe documents they mentioned in the Particular of defence? Please help as soon as my local court will shortlyassign a date for the hearing. I suspect they may not disclose as it might getthem into more trouble with OFT, ICO and TS for allegedly filling DefaultNotices 20 months after debt becoming due or for lying by keep changing the default date. Lastly old credit report which I had lost showeddifferent default date but I can’t prove it now as it was lost. I would appreciate any assistance from anyoneplease.

Hi I really need a little advice on this one. My ex and I had a joint debt some years ago. When we split my ex continued to pay the joint debt. And I had nothing more to do with it. This was a mutual agreement. So, she has not been paying it over the last year and they have collared me for it. Now, I have not paid anything towards this debt in well over 6 years. So does that make it statute barred where Im concerned? Thanks

Hi all, i have a debt with arrow global thats is going to fall off my credit report unpaid at the end of october. The thing is i have an unpaid ccj from 2007 from Bryan Carter for a partial amount of the money owed. I am not being chased for this money but am happy to pay the ccj but not willing to pay arrow global the rest of the money as i think it was mostly missed payment charges etc. So will paying the ccj activate the statute barred debt with arrow global? Thanks for your help

It's been a while since I last posted but need some advice on the following and how a discontinued claim can effect the timing for Statue Barred debt. 7 years ago defaulted on a loan, with the help of this site was able to fight then off. In 2008 original creditor issued a County Court Claim, I submitted a full defence, creditor's solicitor invited me to withdraw my defence as it had "little chance of success". I refused and claimant applied for Summary Judgement. I submitted Witness Statement for and then 3 days before hearing Claimant withdrew from the hearing and "for commercial reasons" discontinued claim in full with both parties meeting own costs - which I was happy to agree to. Heard nothing further from either original creditor or anyone acting on their behalf until recently when I received a very nice and friendly letter from a DCA inviting me to "put forward my proposal for the repayment of the outstanding balance on the account". They are happy to accept monthly instalments or offer a substantial discount if I am in a position to pay off as a lump sum. I also have 21 days to respond to their letter and they look forward to hearing from me in due course. Aren't DCA's such nice friendly people these days - so polite and helpful - till you acknowledge the debt (which I have no intention of doing). My question is how does the discontinued claim affect the clock for a debt being Statue Barred. Documents supplied by OC show date of last payment as being in 2006. Does the Statue Barred clock restart form the date of the claim being discontinued which would be 2009 or does it just carry on from the date of the last payment in 2006 - as if the County Court Claim had not happened.? Any thoughts on this would be appreciated. B40