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  1. Hi all, I am not the first to post on this issue but I wanted to get some advice about the appalling mess that Sallie Mae UK created when it went bust. They were a subsidiary of the American private loan company and they briefly funded postgraduate education in the UK for a year or two. I foolishly borrowed money in 2006-7. They folded and the debt was passed on to various companies: Eagle Consulting, Total Credit Financial Services and most recently, Capquest who I believe are a debt collection company. There has been the odd complicated statement with huge interest added over the years from each of the companies listed , but no attempts at contact, no paperwork or phone calls to arrange a schedule of payment and nobody checking when I actually finished my PhD studies. I haven't spoken to anybody from the company and I have only had one email exchange with them - in 2009, when they (Eagle consulting) sent me three letters saying I'd missed payments. I emailed to say I was still studying and they updated the system to show I would be finishing in 2010. If that had happened, my first payments would have been due after a nine month deferral, so autumn 2010. Due to dropping to part time status, I actually submitted my thesis in summer 2013 but they didn't know that since they never asked again! My question is this: how does one establish a cause of action for a private student loan? Is there any way of establishing this is a statute barred debt or not? If not, I will need to challenge them about the exorbitant interest they have levied over the years , as it was supposed to be interest free until nine months after graduation. To give you a clear picture, I had a letter from Capquest saying they would be managing my account on behalf of arrow global. They wanted all future payments to be paid to them and had set them in line with the last payment I made to total credit which they claimed was £899.99 per month. I've never made a payment or spoken to them. I sent them the standard statute barred Scotland letter in response, and I got a letter back saying 'we were informed you were due to finish your course of study on 22 May 2015. With your entitlement to a nine month payment holiday, this means you are not currently due to commence payments on the loan until February 2016.' I graduated from my PhD in July 2014, having finished fully by autumn 2013! They continue: 'The Limitations Act states that the time start to run from the 'cause of action' which for this type of account is when the creditor is able to take court action to recover the debt. This will usually be after one or two payments have been missed. Court action is not possible for this type of account unless the account has had a default notice (or been terminated). As no payments have actually fallen due this account cannot qualify as statute barred therefore the balance remains correct and due to be repaid by you as per the original conditions of the loan.' They say that - although they have added around 10k of interest to a 15k loan over the course of 8 years, when it should have been interest free! Any advice would be much appreciated.
  2. I posted this on the banana site but haven't had any response so was wondering if you could help. I've just copied and pasted what I put on their site below. I think I may have missed some of your standard questions so will have a look and try and answer anything I've missed below. If any of you could help I could really use it. I've got a bit of a different one here I could do with some help with. I've seen the forum and have a general idea of what I should be doing but could do with some guidance. Details below: Received a claim? Yes Issue Date: 30 Jan 2019 Have you Acknowledged the Claim?: Yes Total Amount Claimed : £300 Claimant’s Name: Lowell Portfolio Solicitors Firm: Lowell Solicitors Original Creditor: BT Original Debt : Phone Line Particulars of Claim: 1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('the agreement') 2) The defendant failed to maintain the required payments and the service was terminated. 3) The agreement was later assigned to the Claimant on 27/03/2017 and notice was given to the Defendant 4) Despite repeated requests for payment, the sum of £xx remains due and outstanding. And the claimant claims a) The said sum of 222 b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78 c) costs Is the debt Statute Barred: No List any letters you have sent: None Any Other Information or Background Details: This account was from 2008/2009 when I was a student. I had a BT line to allow us to get broadband at our house. When I moved out of the house in 2009 the landlord took over the account as he was providing this as part of the house rental going forward. The name and payment details on the account were changed online. I have not paid anything towards this account since May 2009. Having spoken to BT they said the only information they have is that Lowells made the last payment to the account on 29/11/13 the date the account defaulted. They cannot provide any other information regarding payments due to this being such an old account. Lowell (in a phone call) claim the last payment made towards the account was in July 2013 with the account defaulting in Aug 2013. Is it possible to argue that this debt should be statute barred as I have not paid anything towards it since 2009, or because someone else has made payments does this cancel out this defence? I should be able to prove I have not paid anything by requesting bank statements showing what payments I have made to BT. During my conversation with Lowell they also confirmed that they had been sending documents to another address (different to the account address) which I have not lived at for 14 years. What should my next steps be? Request account details from BT Request the specific documents from Lowell under CPR31.14 Anything I’ve missed? If you need any other info please let me know. Your help really is appreciated with this! What is the claim for – the reason they have issued the claim? 1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('the agreement') 2) The defendant failed to maintain the required payments and the service was terminated. 3) The agreement was later assigned to the Claimant on 27/03/2017 and notice was given to the Defendant 4) Despite repeated requests for payment, the sum of £xx remains due and outstanding. And the claimant claims a) The said sum of 222 b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78 c) costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Nothing received, the claim letter is the first I have got. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Multiple times. Did you inform the claimant of your change of address? No, I left the property after finishing as a student. My landlord took over the account. What is the total value of the claim? £300 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? BT Landline account When did you enter into the original agreement before or after April 2007 ? After April 2007 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not showing on my Noddle account (only one I use) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Account assigned and debt purchaser issuing the claim. Were you aware the account had been assigned – did you receive a Notice of Assignment? I did not receive a notice of assignment. Did you receive a Default Notice from the original creditor? I did not receive a default notice. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have not received any notice of default sums. As I mentioned above Lowell have been sending letters to an address I have not lived at for 14 years. Why did you cease payments? I moved out of the house, landlord took over to provide phoneline for the house. What was the date of your last payment? May 2009 (but payments have been made since by third party, Lowells final payment is the only one showing on BT's records) Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I hope answering the above gives a little more information. If anyone can help me with this it would really help me out! If you need to know anything else please let me know.
  3. Hi All. I was going to resurrect the old thread just for the latest judgement, this is an appeal which confirms the view that the coa emanates from the default notice date of course. I know this is an old thread, but there has recently been a test case which proves the point that a COA is in fact the date of the 87DN. Therefore it should be considered as such when calculating the COA and the subsequent barr date. It ties up the large thread nicely https://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html Critically, section 87(1) does not provide merely that a default notice is necessary before the commencement of proceedings to recover everything outstanding under the regulated agreement. It provides that there is no right to treat the agreement as at an end or to make a demand for accelerated payment of outstanding amounts. That is not a "procedural" precondition. It qualifies the substantive legal rights of the creditor. The contractual precondition in clause 8f of the Agreement ("Subject to us sending any notice required … by law) must have the same meaning and legal effect. His Honour Judge Madge, on the other hand, held that the effect of CCA s.87 was that the cause of action only arose after the time specified in the default notice for remedying the default. As said this is the first date that enforcement can start, All. or most points are covered on the judgement and agree with what Sequency or I said at the time. I shall not be discussing this further, it has all been said, unless I see someone being mis-advised.
  4. Hi Newbie here and I am hoping you guys can point me in the right direction. I've been lurking on here for a few days trying to find out various tips and information regarding my problem. I got into trouble after loosing my job in 2009. I had a lot of debt and couldn't make payments anymore. Entered into an iva in late 2010, made about 5 payments and then lost my new job and had to cancel the iva. I just cancelled my direct debit to the iva and never got in contact with them again. They eventually officially cancelled my iva in spring 2013 and started to get letters from various dcas regarding my individual debts that were in my iva. I paid a couple of credit cards off via dcas with a reduced f and f and got that in writing. But there is one particular debt that hasnt raised its head much. It was for a loan originally with Northern rock which I'm pretty sure was taken out pre 2007. Now I heard nothing about this until about spring 2017. I received a letter from a dca (can't remember who) so I stupidly phoned them up. I said I don't recall this debt so I need some sort of proof of claim. They then left me alone until Cabot sent me a letter in summer 2017. Letter and phone calls ignored, it then went quiet until last weekend when it's being passed to ruthbridge. I presume, because I've not made a payment since originally defaulting, the statute barred clock would start from when my IVA officially finished?? I've only 2 or 3 months to go before it's 6 years from that date so do I just ignore for now? Thanks in advance guys.
  5. HI All, I wondered if anyone can help me. I recently received a small claims court summons from BW Legal for a parking charge for £100 dated 07/12/2012. The sum they now claim has risen to £273. I did not know anything about this and have never received a parking ticket or any correspondence whatsoever. In the particulars of the claim, they refer to the PCN dated 07/12/2012 and the issue date of the claim form was 28/12/2018 I obviously thought this was a statute barred debt as 6 years have passed and filed a defence to that effect. I have now received a letter this morning stating that they are continuing with the claim? Please can someone let me know why a Legal firm would continue with a claim that is "Statute Barred" am I missing something or do they know something i dont? Why would they waste their time, my time and the courts time chasing something that they have no right or legal recourse to do so Any help or advice would be very welcome Cheers
  6. I had a loan account with Northern Rock which I defaulted on and they subsequently sold it on to Cabot. The account has been staute barred for about 15 years. I recently made a tentative equiry regarding PPI, via a claims company, as I heard that it shouldn't affect the statute barred status. I have been advised that Northern Rock have accepted the claim and a refund of approx £1100 is due and will pay it directly to myself. They also say that they will advise Cabot to update their account details too. To receive the refund I have to sign an acceptance form which says that this ends any PPI liability etc. However there is also a condition that states that I accept that the cash loan is still in force. My question is this: Even though NR sold the debt to Cabot will my acceptance of this condition for NR constitute activity that will affect the statute barred status, thus "starting the clock again" and therefore give Cabot licence to start demanding payments from me. And also as the PPI is seperated from the original loan, which now doesnt belong to NR, are they entitled to make this a condition of acceptance. My limited understanding was that as the debt was sold on, then my PPI claim was the only issue. I'd appreciate any advice as I could really use the refund.
  7. Hi To cut long story short, had a debt around £15k with original lender who assigned the debt to a DCA last summer (2016). DCA wrote chasing debt - I replied stating that in my view (formed by reading loads of stuff on internet) debt was unenforceable. DCA said would look into the matter almost a year later, has written saying they would not pursue legal action 'at this time' but would I get in touch to arrange repayment of the debt. I am assuming (ha ha,always tell my kids never to assume anything) this is as close as DCA will come to admitting debt unenforceable (?) what would be a sensible course of action to take in respect of their request for me to get in touch re repayment? Most grateful for any advice and thanks in advance.
  8. I have/had a disputed figure with Barclaycard, which they either sold or passed to a DCA (different letters state different things). Neither Barclays or the DCA have had the nads to pursue the disputed figure through the courts and as I haven't responded to any of their nice "please contact us, we will do everything to help you" letters, I have under a year to go till the Statute of Limitations (SOL) kicks in. A couple of weeks ago, I received a letter from Barclaycard, apologising for their their being less than fair on me when I was a customer, and awarding me a couple of hundred quid by way of restitution for the fees, interest, arrears, and threatening behaviour they inflicted on me over the years. It went on to say that as I have an outstanding debt, they would pass the money on to them to deduct from my account. Which, as it isn't an admission of unfairly charging extortionate fees and interest per se, I am pretty sure the money should have been paid to me, not the DCA. And if they sold my "debt" to the DCA, as they have stated in the past, then they wouldn't have had any further claim on my account. Of course, the letter went straight into the shredder and into the recycle bin. Then at the weekend, I received another letter again saying they may have treated me less than fairly, and saying they were going to pay £75 IN CASH no less, to me personally. There was an enclosed form for me to send them details of my bank account to pay the money to. Well, whoop-dee-doo! I'm going to be £75 better off. Or am I? The problem is with the SOL. If I return the form to have the money transferred to my bank account, can they misconstrue this to be me making contact with them regarding the disputed outstanding figure, and reset the SOL again? Is it best to err on the side of caution? £75 isn't a huge sum but after being turned down for PIP after being on (undisputed and indefinite) DLA for the last 6 years (another story) it would certainly come in useful.
  9. Hi , thanks in advance for your help. I have a Capquest debt on behalf of Shop Direct, for 1250 pounds. Default date is August 2013, my last payment listed on my SAR was Feb '13. When does this debt become statute barred?
  10. Hi, this is my first post on this site and I would like to thank you all for help and guidance I have recieved. This is my history so far;- 9th October sent 2 x DPA letters to Barclays Bank 9th October sent 2 x DPA letters to Barclaycard (only got reply on one) 9th October sent 14 day letter to Barclays requesting £1180 refunded 14th October recieved letter from Barclaycard stating files on microfiche "not readily accessable" Asked for £3 per statement 17th Octboer recieved 2 x lots of statements from Barclays 24th October issued small claim against Barclays (£1180 increased to £1482.75) 24th October sent 14 day letter to Barclays for refund of £3535.00 I will keep you all posted, thank you.
  11. Hi there, I have an old student loan from 1996-1999. I informed the SLC/Student Finance that the debt was statues barred three years ago and they left me alone. I started working for the NHS four months ago and today's payslip has a deduction for Student Loan repayment on it. I have never given permission for anyone to do this as I do not acknowledge the debt. Where do I stand? Many thanks, M
  12. My partner received a recent demand for an energy bill we calculated from 2011 from Moriarty [Removed] we sent a statute barred letter by signed for (received 03:09) yesterday we received another letter from them threatening court action, can someone please advise the best course of action to get rid of them Removed ? Thanks
  13. Hi All, I recently used a friends address to get a phone contract. A few days after getting the contract he received a letter for me from Hoist Finance Holdings 1 Limited. The letter was in relation to an old credit card debt. I have not had contact with any party regarding this debt for over 6 years. I have not made a payment of any nature or been in contact with the debtors for that period of time. The debt does not show up on any credit reference agency sites. As far as I'm concerned the debt is statute barred and HFH1L are just trying their luck. Should I write to them with the following template or ignore them? Dear Sirs RE: Statute barred debt I do not admit liability for this debt, and I do not intend to make any further payments to it for the following reasons:  The earliest point at which you could have sued for the full balance owing to this debt was more than six years ago  No payment has been made to this debt by me, any joint account holder, or any third party acting as my agent for a period of more than six years  No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years This debt is therefore statute barred and any court claim to recover it will be defended on this basis. If you have evidence that this debt isn’t statute barred, please send it to me within 21 days. Otherwise, please confirm in writing that you won’t pursue me further for this debt. Any advice would be appreciated. Many thanks
  14. In Aug 2010, The Royal Bank of Scotland terminated my current account and associated borrowing. At the time, I had 2 current accounts and one credit card. The debt on the accounts is £0 and £834 respectively. It was initially chased (although not sure why they were chasing a balance of nil) and I never made any payments, wrote to them, answered their calls etc. Both these accounts show on my Credit File as defaults. However the date doesn't show 2010 as it should but 2013 and 2014 presumably when they last updated them. The credit card balance was £7k+ and was again chased by RBS but again, no payments were made, calls answered or letters written. This debt never appeared on my credit file despite passing through the hands of numerous low level debt collection companies until last year when it was picked up by CABOT. They are calling and writing on a regular basis but again, neither are acknowledged. No court action has been taken on any of the three accounts. My questions are therefore - Are the debts now statute barred (5 years in Scotland) Why do the dates not reflect the dates of my last correspondence with them? Should I write to RBS and CABOT stating they are statute barred and asking them to be removed? Thank you.
  15. Hi all. Really appreciate an opinion on next step, if indeed I should even bother. I had a debt with Black Horse which I disputed with them in 2008 approx. I received many letters from various agencies over the next few years, Clarity, DLC, and Lucas, up until 2013. I didn't ring or write to them and certainly never gave them a penny. This became Statute Barred in around 2014. It hasn't been on my Credit Report since about 2014. Out of the blue today I received a letter from Cabot saying they now have my account and list some methods of payment etc'! Love to hear your thoughts. Cheers, Billy.
  16. I have today received a CCJ claim from the Northampton County Court Bulk Centre, for a credit card that was held with HSBC a few years ago. The last statement I can find for the account is 2009, although the assignment to the DCA was later than that date. Having read through the forums for some advice (which is very handy and I'm very grateful for) I'm going to write to them tomorrow with a CPR31.14 requesting the agreement, default notice and the assignment. From people's past experiences, what are the chances of them providing this information? And do they have to provide the originals, or just legible copies of the originals? And am I correct in thinking the fee to enclose is £1? If they do provide the info as requested, and I have no other defence, I can't afford to pay them the amount they're requesting. I could offer to pay them a token amount every month or I could borrow a lump sum and make them an offer of a full and final settlement, although it would be much less than they're asking for. Either way would I still end up with a CCJ? Many thanks.
  17. Hi, I had a good number of credit card debts - the usual suspects: virgin, mbna, cap1 etc. They all dropped off my credit report a couple of years ago, so I now have what Halifax describe as an A1 rating I would like to remortgage. Should I be worried about a bank or building society that has one of my old credit card accounts in the business group using some sort of set-off mechanism to recover some of the monies I never paid. I'm thinking in particular about a deal I heard on the radio between Yorkshire (building society or bank - I can't remember) and Virgin. But am interested in the principes, too. Thank you.
  18. I have received a letter today from Latern (formerly Motor Mile Finance) about some old short term loans from around 2012. This really is out of the blue, I've heard nothing from them for as long as I can recall and this letter was actually sent to my previous address but was re-directed. It is quite a jovial letter, it reads "So, dust off the BBQ, enjoy the sun and take this opportunity to clear your debts before winter approaches". They're offering up to 60% reduction. This is a summary of the debts: Quick Quid £512 - Last payment date: not shown Northway £838.88 - Last payment date: not shown Think Finance (UK) Ltd t/a 1 MONTH LOAN: £350 - Last payment date 19/06/2012 At least one of the debts (probably all) are 6 years since last payment / taking out the credit so are possible statute barred. None of these debts appear on any of my credit records (Experian / Equifax / Noddle / MSE credit club) 1. What is the best approach with these to avoid acknowledging but ensuring it doesn't escalate to CCJ for example? 2. The address on the letter is my previous address (moved 1 month ago) and the debts relate to an address before that one. Should I do anything about this? I have a postal redirect in place for next 6 months but don't want a door knock at old address because the new tenants know me and my new address. Note that since these bad days of pay day loans in 2012, I have taken responsibility for my finances. I'm a long time YNAB user and have my finances under microscopic control. I have no CCJ's but I do have a some defaults from 3 years ago that are now either satisfied or in a steady arrangement. I'm on the way to cleaning myself up so I don't want to make an error and set myself back. Any advice is welcome.
  19. Hi I’m new to this, trying to get some help, I got county court letters yesterday about a debt with provident from 2007 , from what I’ve read it’s statute barred but Lowell are saying I made a payment of £3.93 on 9th October 2013 as far as I’m aware I haven’t made any payments in at least 6 years but I have no idea what I’m doing any help would be fantastic. Ruth
  20. Hi I'd be very grateful if you could help me with the following query: How do you calaculate whether a bank account debt is statute barred? If the debt is due to an unauthorised overdraft whereby mulitple debit card payments were allowed by the bank to be taken when there were insufficient/negative funds and no deposits were made into the account subsequently what date do you choose for six years elapsed? From the first transaction out of the account that made it a negative balance? And if I may also ask: How do you calculate the statute barred date for a credit card? Is it from the last payment made to the card or is it from the first payment missed? Thank you very much
  21. Hello, I have been following this intermittently since I joined last October 2015. http://www.consumeractiongroup.co.uk/forum/showthread.php?452513-Sallie-Mae-UK-loans-statute-barred-or-not-scotland&p=4934734#post4934734 I am sort of the same situation, though I moved from Scotland to England in 2012. I am not sure which year Capquest via Sallie Mae, are referring to, but I received nothing after 2007-2008 when the loan was started until 2015, from the annoying letters they started sending me that year. I also had something from Arrow, but I have answered nothing for either Capquest nor Arrow. I tried to contact Sallie Mae UK in 2009 I believe but got bounced emails and nothing except something from an address in Canada, which was dead upon my response. So, seeing as how I am now in England, it is 2016, and theoretically the loan would have been statue barred in 2012 whilst I was still in Scotland, what would the advice be from the forum?
  22. I recently paid a £1000 debt to student loans - as they sent me a default notice - and I panicked as didn’t want my CRF damaged again - ( having now a clear record ) so paid immediately by debit card....... I’ve just found out that they ( student loans ) should of not sent the default letter to me asking for immediate payment - as they would of known it was statute barred ? Do I have case ? Or because I paid up I am stuffed - so too speak ? Any info much appreciated ? Thanks
  23. Hi, Could someone help me please? , complete noobie questions below:- I've been out of the country and been sent a claim form from the County Court Business Centre for a claim from a 10 year old Halifax credit card debt for £1600 plus £105 court fee and £80 legal representative costs. I have been receiving calls from these people but i just thoiught they were PPI calls. This claim form was sent on 6th April (I flew abroad 7am that day) but i've logged onto the portal (22nd April) and filled in the AOS form to extend, i'm not sure if this will still be possible to do? I may have paid small payments to this debt a long time ago but to be honest forgotten about it, got my credit score back up high and then this lands through my door, i really don't want a court judgment on my credit file. The debt doesn't even show on my credit reports from various agencies. I'm not even sure about how much the original debt was and how much credit was put onto it etc. Could someone help me please in the reply to the court or give me any pointers/online helpers? I really believe that this debt could be Statute Barred. Any help would be greatly appreciated, my main concern is not to get a mark on my credit file and I really don't want to pay a DCA the full amount but would consider a part payment. I'm not even sure if it's gone past that stage that I cannot offer part payment out of court? Thanks in advance x
  24. Hey Guys, I'm following up on some recent developments (though still not confirmed), that a DCA has recently won a claim in Glasgow Sheriff on the basis that a clause witten CCA stated the contract would be treated by English law would be subject to England's statute limits instead of Scotland's. Assuming that this has happened and no appeal's being persued for this case, or if a potential appeal also fails; where does that leave people in Scotland with their devolved rights? Is Scottish the time limit out of the question now for most credit disputes? Is it valid that most CCA's don't properly explain that you'd be derrogating your local statute rights in place of the creditors preference? Assuming Scottish Statute laws are overrided, will this be the same for Scottish jurisdiction laws?..... And will that lead to a slipperly slope where people in Scotland will have to start disputing claims made against them at Northampton County Court? Thanks Guys, all the best
  25. I have two old outstanding debts - £7000 loan and a £1000 overdraft. A bit of background: My long term partner walked out in 2009, leaving me with all our joint debts and paying the mortgage. I continued making loan repayments for a while before stopping as I was not able to afford them. They eventually ended up with a debt collection agency. Having a few major life crises in the intervening years meant that I buried my head in the sand and ignored everything. I am currently trying to sort out a debt management plan with more recent debt on a limited budget. The person I spoke to said I should be including these two old debts. However, they are not showing on my credit report with noddle, clearscore or experian. There are also no ccj's listed, although I suppose there is a possibility that there could be old ones in existence. I was told these debts would not be classed as statute barred as the dca have been writing to me regularly and I have been at the same address for a long time. After finding and opening some old post I have found letters from dca going back to 2011. There have been no payments towards the debt or acknowledgement from me since 2010/2011. Where do I stand? Advice would be much appreciated.
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