Hi All, Just a quick question. I've just completed the paperwork to submit a PPI claim to HBOS. The claim is against a credit card that I defaulted on and that has since been passed to a collection agency. The debt is about a year off being statute barred. If I make a PPI claim, am I admitting to the debt and therefore stopping it becoming statute barred in a year or so? Many thanks Hardy

Quick Question, I got a letter about an alleged debt with Lowell from Lucas. I sent a CCA request with a £1 postal order, got a letter back a month later saying "No payment was enclosed, so your request can't be dealt with" (Appears to be a tactic to get a phone call to complain... I didn't bite) Then I get a copy of an online application form for a credit card from the CC Company a few weeks later Then a few weeks after that, I get a statement of account for the same credit card, with a copy of the online application form. Then yesterday I get a letter asking me to pay for a 60% discount if paid in 1 go, 30% if paid over 3 months or 0% if I make a longer term payment plan. I looked and the last payment was over 6 years, and also the account was "Closed - Writeoff" by the CC Company over 6 years ago too. Am I right in saying this is Statute Barred, I have made no other contact with them (Or any other DCA) apart from the single CCA request? Thanks in advance.

Hi all First time posting so please bare with me I have recently received a CCJ for a debt from a mobile phone I obtained back in 2007/08 unsure of the exact timing of obtaining this phone but it was around this date. I stopped paying the phone as I got a rather large bill which I disputed, phone was cut off and lost in the end... I stopped paying the phone around 4 months after purchase so must have been in 2008... I forgot all about this debt when I recently moved back in with my parents I had a bailiff from thr county court knocking at my parents house with a form where I had to supply my incomings and outgoings, this was in april 2015. I fillled the form in out fear really had no idea at this point what the debt was for... I have now been ordered to pay bryan carter solicitors £150 per month till the balance of £2006.89 is paid off. I have made one payment of £150 in June 2015 since and am reluctant to pay the rest now I have realised what it is I'm paying for. I believe the debt to be statute barred as there must have been 6 clear years from the last payment I made. I had made no written acknowledgement to the original company O2 for this debt. I'm wandering now I have made a payment etc can I still challenge this ccj and how would I go about ithis? Thanks in advance

Hi, quick background, I am being hassled from Cabot for a debt that is is over 10 years old and nothing has been paid for 8 years. During this time I lived in America and had totally forgetten the debt. I returned to the UK in December2014, after losing my Father, and am now my 91 year olds Mothers very sick full time carer. Even if this debt is still live I am only on Carers allowance and have no means to pay it. Cabot would call daily hassling my mother, and me, and sending letters weekly. We dont engage with them, other than the once when I told them this is Statue barred as its over 8 years old with no activity. Over the weekend I got a letter via a Solicitor enclosed with a county court claim form telling me I have 14 days to return it. asking if I wish to contest the claim etc. The 'debt' is only 1,400. The covering letter said, " the agreement dated 30/9/2005, with welcome finance, terminated on 1/1/2012, the debt was assigned to cabot on 4/11/2014. You have alledged that the claim is SB. Section 5 of the lilitation act1980 provides that an action founded on simple contract shall not be brought after the expiration of 6 years. We are instructed that the cause of action accured. We are instructed that the cause of action accrued when the agreement was terminated on 1/1/2012. Therefore proceedings were issued within the 6 year lilitation period. ( it goes on a bit after that about replying etc) I have know idea what they are talking about in regards to "being terminated" or "cause of action" in 2012, as I said I was in America for 8 years blissfully unaware of this debt during this time. I had long forgooten it, no payments have been paid for well over 8 years, and no contact by either party etc. My question is how should I contest this, if at all. Thanks in advance of all your help.

Hi there (I apologise for the essay in advance) I'm requiring some assistance which seems to be somewhat of an emergency at the moment. While I was at university I had a student account with Lloyds TSB. Everything was fine and there was regular money going into the account , however towards the end of university I had accrued quite a significant amount of debt (as most students do) and as my student account became a graduate account I had gone over my overdraft limit by a few pounds and I had started incurring overdraft charges that were equating up to a substantial amount. I made a small deposit into my account in 04/2009 and that was the last time I used my account, from then on the charges carried on going, however I didn't use the account whatsoever. The closing balance for the account was around £2300 and the account defaulted on 12/11/2009 according to my credit report. This account has been passed around to various DCAs, but was bought by Lowell around 3 years ago and they have passed it around to their other companies (Bryan Carter etc.) I have never made a payment to this balance and I've never claimed that the debt is mine. I sent Lowell a prove it letter a few months ago and they responded in May 2015 by sending me a copy of the last few months of bank statements for the account with Lloyds TSB. The statements also stop at 11/2009. Lowell since then have been sending me letters every week or every two weeks, and last week they now claim they are trying to "escalate" the situation. I'm unsure if this debt is already statute barred or if it will be on 12/11/2015, my concern is that should I send a SAR to Lloyds in order to obtain any information as to when the overdraft was officially withdrawn? and if so should I contact Lowell in order to tell them I have requested additional information from Lloyds. Thank you for taking the time for read this.

I defaulted on a credit card account back in July 2009 with Lloyds TSB. I agreed with them to pay £40 per month which I have been doing ever since. In Feb 2013 Lloyds sold the debt to Prime Credit effective Aug 2012. They said all future payments would be forwarded to Apex Credit Management. In Aug 2014 Apex assigned the debt to Cabot Credit Management. I have at no time responded to Apex or Cabot. The defaulted debt has now been cleared from my credit record. I still owe around £5k. My question is, what would happen if I stopped paying the £40 per month? Many thanks

I also have a query relating to Statute Barred status, which I hope some kind person can steer me in the right direction. When does a debt become SB. Is it from the date the creditor last recd payment of the debt or is it last time they recd communication from debtor. Much Obliged

Hi all, I have searched around but cant find a difinitive answer, I was wandering; I have a statute barred debt. I have recieved a letter after changing address on the voters roll. I am preparing a statute barred letter but I was thinking, if I write this letter will they not just sell it on and I still recieve letters just from a new debt collector? Or should I write to the original creditor? Or just ignore the letters and put up with it?? Thanks guys

hoping to start a claim for PPI paid over at least 5 years on a £8k+ that I believe is SB . I have statements from previous SAR for approx 5 years which is a big help - PPI ranges from £30+ per month up to £70+ per month. Debt was assigned to MarlinIII who send a six monthly statement and have already admitted in writing most likely unenforceable agreement. (old application for missing prescribed terms) Would appreciate any help/thoughts/pitfalls etc etc Not sure how far I can claim back and how to calculate many thanks

After getting a positive result last week in the court as to one of my past credit indiscretions, another pops up. At the time i used my brothers business mailing address as i was Sofa Surfing. I had put the account into dispute with the original creditor. This was in 2009 In april last year i received a letter from a well know DCA phishing at my home address, i ignored it. I have just received another letter by a another well known DCA saying that they were given my new contact home address as they could not contact me at the mailing address. They then ask if i am not the named person to contact them so they can update their records (Phishing exercise) It is obvious DCA 1 has asked DCA 2 to collect on their behalf This debt relates to a well known finance company who specialised in ripping off sub prime clients with APR and fees and is of a considerable some This account becomes statute barred in september, another 8 months Any advice will be welcomed as the last thing i am going to do is phone them

My wife had a Natwest Credit Card Account from around 2001- 2005. It was closed with a balance of about £3000 then sold to Arrow Global. Last payment to original lender was around 2007/8. No acknowledgement or payment made to DCA at all. They wrote many letters in 2012 demanding for payment because we had made a claim for default charges. We asked them to prove but they went quiet but at the same time the claim for the default charges was partly successful but Natwest decided to make that payment to Arrow Global despite my wife's protest. I wrote and informed them that the dedt was statute barred but they never responded. We did not hear anything and no CCA was provided when requested at the time but upon receipt of the claim form early this month, I wrote to Arrow reminding them that they were still in default of the CCA request. They wrote bck claiming that they did comply in 2012 and enclosed a copy of the application for with "T&C" which can not be read. I acknowledged the Claim and also sent CPR request to Drydens for which they responded that they have passed it to their client. They claim that the last payment was made in 2012. The only payment I can think of is the one from Natwest. Does this reset the clock? Can I use statute barred as a defense? Thanks Dot

Been contacted by MMF into a payday loan Im supposed to owe. In short they say the account defaulted in August 08 although I never received a default notice. I have never made a payment since. However in June 2014 I made a letter of complaint to the payday loan company which contained the words "I have a payday loan with your company..." Does this extend the statute of limitations?? I've a feeling I messed up. Any help appreciated.

My girlfriend had a number of debts from 2008 and before. She totally ignored them and didn't know what to do and how to go about addressing any of it. Thanks to some very helpful information from this forum - we sent SARs and got back lots of information in 2012. We decided to "sit tight" with everything and wait things out until they became statute barred. As far as I can tell (having waded through the reems of information sent back) they are statute barred now (no payments made in 6 years +).. .with the last one to become so next month - July 2015. This one is still showing on credit record though (only checked noddle recently) - what do we need to do to get it removed as soon as the 6 years from default date arrives? As soon as this hits 6 years - is it worth signing up to Equifax, Experian, (any others?) and reviewing all information on them and ringing / writing to them all to as accounts are removed if over 6 years? Etc? She also was receiving various demand letters from different debt collection companies from about 2009-2013 and early 2014, but this has all dried up now with nothing recieved in over a year. Is it worth sending some kind of letter to any of the companies now to state that no contact should be made again as debts are all statute barrred , or can this just be left as it is now and all paperwork saved in case of future contact?

Hi everyone, Hope I am putting this in the right place. I pretty much cleared up all my debs quite sometime ago so I haven't been around on here much. However there was one debt I absolutely refused to pay. HBOS. My account went 50p over which was supposed to be covered the day it happened or the money went in after the 50p was applied or something and mushroomed out of all control. They added £32, then £32 more all for the 50p and I was livid. This was 2008. I told them they could chase me forever, I would happily pay my overdraft and leave the bank but I was not paying the extra £164 in charges. My over draft was £150.00 and they claimed I owed them £364. I am not proud of it but I cut up my HBOS card and never used it again I changed all my phone numbers and moved, and I spent quite a bit of time moving around so they never pegged me in once place for long. this debt reared its head again about a month ago. I new I had no contact with the bank whatsoever since end of 2008 so I sent off the statue barred template letter. Today I received a reply saying I had made a payment onto the account September 2011 so the debt was not statue barred. This cannot be true, the only thing I decided I would ever give HBOS after 2008 was some very colourful language should they track me down. There is NO WAY I made any kind of payment or even contacted HBOS at all beyond 2009, I remember full well because I specifically setup a Barclays account when I started a new job in 2009. Does anyone have a clue what I can do? I haven't been able to find any information on this happening to anyone else. Thanks for your time

I had a loan originally from Welcome finance some 10 or 12 years ago for an amount I cannot even remember, but approx £1500. I was making the normal payments until I got into financial difficulty and they let me pay a small amount of £20 a month and they said interest would be frozen. Some time later I moved house but continued to pay the £20 per month, right up until I changed banks and the direct debit was not set up again. I have now started getting letters from Cabot demanding over £4500 for the debt. Looking back on old bank statements I found that the last payment to Welcome was made on 17th June 2009 which means that I am a few weeks short of statute barred. The latest letter I got from Cabot was telling me that they are going to instruct their solicitors to commence court action. Should I still send an SB letter? Can anyone advise me what to do.

I have received two letters today for "formal demand for payment made in accordance with the Practice Direction - Pre-Action Conduct of the Civil Procedure Rules". These are for an HSBC overdraft and Credit Card that I know are statute barred. Should I reply now with the SB letter or wait for the claim forms?

My sister had loans with Alliance and Leicester back in the 2000's. They were all paid off in 2007, following which she moved house. A few weeks ago she sent the FOS questionnaire off after finding her old paperwork in a box she'd only just got round to unpacking I had been telling her about claiming PPI and to do it herself, not to use a company who would take a big cut. I worked it out to about £2,000 on the one loan I had details of, but there had been three prior to that, rolling on, one paying off the other. The final total should be much more. she's had a letter to say 'go away'. Santander now control those accounts and have claimed that they sent her two letters in 2009 to suggest that they "...had identified problems with the sales of some PPI products and may be entitled to a refund...", and asking her to contact them. However, she never got those letters as she had moved two years prior and had only had one year postal redirection. They now say that her claim is 'time barred' as it is more than 3 years since they wrote to her. I wasn't aware that PPI claims could be time barred ? They are also trying to say that she would only be able to claim if the loan was taken out in the last 6 years, which was not the case. Time barred? Really ? I keep seeing messages to say that PPI cannot be time barred, but don't know on what grounds. Obviously, she's written back to advise that she never had the letters and why, making their argument invalid I would think.

Hi there need some help urgently, i have a debt for 6k which has been statute barred for the last 6months when i say statute barred, the last payment was september 2008, and the default date january 2008. the dca 1st credit, contacted me in september, i requested statement of account, and they left me alone.. after which i never heard nothing again. about 2 weeks ago, i started receiving phone calls which i ignored from them. today in the post i have received a letter from the original creditor who sold the debt to 1st credit, that back in 2008 they applied a charge to my account when they transferred the debt to another company. and that they were refunding this charge to my account , and also gave me a cheque for the same sum aswell, as a gesture of goodwill. they also state that they have contacted 1st credit to apply this to my account. im in dire straights now, because the original creditor has done this, surely 1st credit can argue because a payment has been received, that this debt is not statute barred? even though its been statute barred since the beginning of the year. has anyone got any experiences in this situation... ive worked so hard to get myself sorted, and now this happens..... i may be panicking for no reason, but it all seems very convenient that since receiving these phone calls a couple of weeks ago, this happens.. hope someone can give me some advice... thanks

I have a Capital One account which has for some time been with Robinson Way, in November 2008 I sent Robinson Way a CCA request today I have received this. It looks very similar to other Capital One agreements I have seen posted I assume they are claiming that the two pages are front and back of the same document, however, I have some questions If the lines on the first document are folds and not evidence of a cut and paste why do the not show on the second page? The first page shows two barcodes top right and bottom left, they have completely different code numbers does this indicate a cut and paste? If I thought this was sufficient evidence to make a complaint of fraud I would love to do so, but before I make a fool of myself does anyone have any advice? Would it be normal for a single document to have two entirely different barcodes? In the unlikely event that they are front and back of the same document is this enforceable? Any advice would be much appreciated.

I brought a car from honda in may 2004, it was a a ex show room car, and I was offered £1000 off the price of the car . How ever Honda finance increased their interest rate from 11.9% to 12.9% to get the cash back from the £1000 discount from the car. Also the copy of the consumer credit agreement I was given is unsigned by honda finance , so would i be correct in that its a unenforcable CCA cheekyone

Hi A quick question if I may. A friend has a joint debt with wife. He was in an IVA which completed last year, the joint debt was subject to the Settled IVA. Wife was not in an IVA. Seven years after starting IVA - IVA friends wife has received letter saying they are pursuing for outstanding debt, they can't pursue him due to IVA so going after other name on joint account. I guess some of the payments to the IVA from him over term of IVA will have settled some of the debt. In the past seven years wife has made no payment to IVA and received no communication regarding the joint debt. Can wife be pursued for the debt or not as it is statute barred (over 6 years) ? Could company argue there have been payments to account in the last 6 years via husbands insolvency practitioner thus negating the statute barred defence ? Even though she has made no payments to account ? Could a solicitor file legal papers regarding this debt against the wife ? Thanks.

I have recently received a student loans letter from SLC demanding payments - or I will incur a further fee, this is from a new style (post 98) that was due to start payments from 2002. Some simple maths shows that this is now a statue barred loan and I would like to send them a letter stating the fact. Which Act do I use for the paragraph stated below: "As this debt is statute barred, you cannot take court action unless you can provide evidence of payment or written contact from me within this period. This is stated in s5 Limitation Act 1980, and any court claim will be defended on this basis" I have read on many threads that the limitation period is 12 years, which has now elapsed - so how would I reword the letter template to cover the correct type of Student Loan. Also to elaborate, I no longer live in the UK so not part of the tax system Any assistance is greatly appreciated Chop

Hi all. I got a letter from Moorcroft in April asking me to contact them urgently to discuss an overdue account; very few details given, date and amount was missing for eg, creditor was shown as Arrow Global. I contacted them by letter and informed them that I didn't acknowledge the debt and that my credit report was perfect, showing no late payments/defaults etc, so the debt would be statute barred in any case. They wrote back to say the account was on hold while they looked into it. I received a letter saying that they had heard from the creditor (who were no longer Arrow, but Vodafone) and that the debt wasn't statute barred because they had received a payment from me last year on Aug 5th.. Absolute rubbish! I've had a contract phone with o2 for the last 11 years, so even if the vodafone debt (for £100 odd) were mine, it had to be from well over a decade ago. I checked with my bank in case I had had a temporary lapse in memory/sanity and had made a lone payment. Of course, I hadn't, not to Arrow/Moorcroft or Vodafone, neither in August or the last 6/7 years we checked. I have printed off a letter, so could someone give it a read and let me know if it's any good please? I'm so unbelievably angry about this (irrationally so), and I'm racking my brains to try and remember whether I (stupidly) may have signed my last letter to them. I doubt it, but would you put it past them to try and lift my signature? Would I be able to prove that? here's what I want to send them. Thanks. Dear Sir/ Madam. I received a letter from you in April, requesting payment for a debt allegedly in my name. The creditor was Arrow Global (who I now understand are your sister company). I disputed the debt in writing, and as my credit report had no mention of it, declared that even if the debt were mine, it would clearly be statute barred. I received a response from you that the account was on hold and that you would respond within 30 days. I received your response, that you had spoken to the creditor who informed you that the debt was not statute barred because I had made a payment on the 5th August 2013. This is absolutely false, I would never make a payment for an account/debt that I did not acknowledge. I contacted Moorcroft (who said that the creditor wasn't in fact Arrow Global but Vodafone) to reinforce this and also informed you that I had checked with my bank, and NO payment to Moorcroft/Arrow Global/Vodafone had been paid, either in August 2013, nor as far back as 7 years earlier. After seeking legal advice following our telephone conversation earlier today, I am no longer just disputing this debt, I am now requesting proof of the debt and in particular, this payment. I suspect fraud has been committed and wish to be able to present any forged payments claiming to be from myself, to the police. If you are alleging that I paid by credit/debit card, I would like the account/card number and sort code; if by cheque, the account number and sort code, and if by postal order, the PO details. I know, with 100% certainty, that I have NEVER made a payment for this alleged debt, either to Moorcroft, Arrow Global or Vodafone. I am also sending a copy of this letter to the OFT to add to their files, as I feel strongly that you are ignoring my assertions that this debt, if mine, is clearly statute barred and continue to harass me for payment. I have never acknowledged this debt. A ''relevant acknowledgement'' as stated in the OFT Guidance 2003/2011 is made by ''(a) making a payment and or (b) An unequivocal acknowledgement in writing that the obligation still subsists''. If you are still insistent that this is my debt and do not have proof of payment to provide to me, then you should absolutely take me to court. Sincerely,

I am getting letters from Lowell about an alleged debt that is now well and truly statue barred - doesn't appear on my records and is well over 6 years old. The Lowell letter states at the bottom I object to them wasting paper on this nonsense, I do not acknowledge any debt and will never pay them a penny. Do I have any legal right to tell them to sod off and make them stop sending me these letters? ps: they are generously offering me a 75% discount on the 'debt'.

I received County Court papers a few weeks ago about a debt for Cabot Financial for £2.7k. The debt is years old, can't remember exactly, but certainly more than 6 years. The debt has been sold on many times in that period. I returned the forms disputing their claim and used the following as my defence: The alleged debt is barred by the Statute Of Limitations Act 1980 Limitation action 1980 Section 5 “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.” I have since had a reply from their Solicitors: The Court has served us with a copy of the Defence you filed whereby you dispute your liability to the Claimant on the basis that you believe the Claim is statute barred under Section 5 of the Limitation Act 1980. We note, however, that you have provided no information / evidence of when you believe the limitation period commenced, nor have you provided any details of when you believe you last made a payment towards the debt or when you last acknowledged your liability for the debt. If you are able to provide any evidence in support of your Defence e.g. a copy of the Default Notice served on you to show when the limitation period commenced / statements of account for the last 6 years to show no payments have been made towards this account etc., then please do so within the next 14 days. If however, you are unable to provide evidence in support of your Defence, we invite you to withdraw your Defence by completing the enclosed Form N9A and returning it to this office within the next 14 days. In the event that the Defence is not withdrawn or evidence is not provided in support of it, our instructions may be to make an application to strike out your Defence / for Summary Judgement and to seek an Order that you pay our Client's legal costs associated with that application on a contractual (indemnity) basis. I was under the impression that it was up to the claimant to prove the debt is not Statute barred and not me. I can see that they are trying to scare me into an admission and get me to withdraw my defence. My initial thoughts on receiving this was to do nothing and let them prove its not statute barred. I would appreciate any comments or guidance on my next move - if any Thanks