Statute Barred and it's meaning

[SOD'EM]

Hi, Just a quick one for a friend of mine.

 

Rather than CCA a debt collector for a loan she has no knowledge of.

 

The alleged loan was taken out in 2001 with HFC Bank and is now with a DCA. The alleged loan was defaulted in November 2003.

 

Does the six year rule run from the date the alleged loan was taken or from the date the alleged loan defaulted?

 

She would rather just tell them that it is statute barred instead of taking my advice and CCA'ing them just to find out if there has been any fraud taking place in 2001 and someone has obtained a loan in her name.

 

Any help, much appreciated.

[MrShed]

The six year rule, or my understanding of it, is that the six years runs from when the debt was last acknowledged(usually by making a payment).

[SOD'EM]

Thank You Mr Shed;)

[Conniff]

You don't need to CCA anyway, if someone is saying your friend owes them, then it is up to them to send you the details and proof.

 

You don't have to pay to prove your innocence.

[NZGirl]

Is it correct that the statute barred period is affected if you are out of the country at some point during the six years. I am currently overseas, I don't have any intention of going back, but if I did is the time I was away excluded from the six years? Hope that makes sense!

[slick132]

Hi NZ,

 

My guess is that the 6 years runs from the time the debt was last acknowledged, ie when you last made a pay't, regardless of your whereabouts.

 

Others may feel differently.

 

If you want to post further on this, please start your own new thread in the Debt forum, to avoid hijacking Sod'Em's thread.

[SOD'EM]

I think it is right they should have to prove she owes money but it still doesn't alter the fact that she has a default recorded on her credit file which is hindering her getting any sort of credit. Try to get Experian or Equifax to remove it and all they do is put a notice of correction against the default which explains that the default is being disputed. This does not help you get credit as not all lenders will see it. All they see is the default?

[slick132]

If YF has no knowledge of, or connection with, the alleged debt, I don't see what Statute Barred has to do with this.

 

YF should put the DCA to strict proof that the debt is hers, or acknowledge that it is not.

 

A CCA request would be a good way to start to get the Default removed. Use Letter N from here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[SOD'EM]

Experian have already said they will have to contact the company in question before they will consider removing the default. They also say that the company have 28 days to reply back to them.

 

This was over 2 months ago and as there was still no reply I asked Experian to remove the default again. They replied " We are still awaiting a reply from the company in question. As soon as we here something we will let you know."

 

Are these DCA'S in the same team as the credit reference agencies???????

 

[slick132]

Hi,

 

They could pass this back and forth for months.

 

I would send CCA off and read here too - http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

Also you could start a thread for the case here - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

 

You may get good advice from members better experienced with Defaults and CRA's.

Edited June 9, 2008 by slick132
Add-on re Default forum

[SOD'EM]

Thanks Slick;)