Aqua halifax credit card

[spidey41]

got am email from lowells today stating that the application form doubles as a cca at there is a section on the right hand side that clearly states consumer credit act , they are contemplating a stat demand , any advice please

[cerberusalert]

You can either ignore them or write and invite them to take it to a court for a judge to decide on it's enforceability.

[spidey41]

but what a judge will say is my worry , lowells keep telling me its enforcable and know i am starting to belive them

[cerberusalert]

Well the biggest clue is the print at the top where it says 'Priority Application Form', then there is a little matter of there's no mention of CCA 1974 but the icing on the cake is the fact that it does not contain any of the prescribed terms as required by CCA 1974 i.e credit limit. %APR, repayment terms etc

[spidey41]

okay thanks

[debt4get]

they will insist it is enforceable...that is how they are going to con you into paying....if they were so sure they would have put it before a court....but they wont

[spidey41]

quick question , i took out a loan on 15 / 01 / 05 but first paymrnt due was not till 15 / 04 / 05 which is the statute barred date ? is the date i signed agreement or the date from which first payment was due

[harrassed senior]

The Statute Barred date is the date on which the last payment was made - 6 years on from there assuming no further payments or acknowledgements have been made. So, if you are saying you never made even the first payment, then the date that is commonly used would be that date, unless you are in Scotland when it is 5 years.

[spidey41]

no i never made the first payment so i presume it is the second date not the date i signed agreement , this was a consolidation loan and last payments on loans joined were december 2004 , i dont know if this make a difference

Edited January 2, 2011 by spidey41

[rebel11]

Hi spidey

 

A bit more on Statuted Barred:- http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM28384.htm

 

There are also templates in the library if you need to use them.

[spidey41]

hi thanks , i know this part but not sure which date in my case is it statute barred from

[rebel11]

Are you saying you don't know when you made the last payment?

 

I think the options are, send a SAR Request or a 'prove it letter'.

[spidey41]

i never made a payment , the consolidation loan was taken out on 15/1/2005 but first payment was due on 15/4/2005 , i need to know from whuch date it becomes barred

[rebel11]

I'm fairly sure it's 15/01/05 as no payment has ever been made, just wait for someone to confirm.

 

i never made a payment , the consolidation loan was taken out on 15/1/2005 but first payment was due on 15/4/2005 , i need to know from whuch date it becomes barred

[spidey41]

okay thanks

[the_shadow]

The term statute barred is referring to the statue of limitations, this states that an action must take place within 6 years of the cause of action.

 

The cause of action in the case of credit cards and loans I would personally say would be the non-payment date, so the first date that the money was due would be the date that the debt becomes stat barred.

 

This is why I would always say that when people have paid some money towards the debt its 6 years + the extra days to the next payment request before you get the true statute barred date.

 

Just my opinion tho.

 

S.

 

 

As a balance to this tho, the nationaldebtline site says just 6 years from last contact/payment to the creditor in connection to the debt so what do I know

Edited January 2, 2011 by the_shadow
Added last lines

[spidey41]

so its from the date the first payment was due not the date i signed the contract ( i never actually made any payments on this loan ) or as it was a consolidation loan do i go from the last time i paid the other loans ?

[Jasper1965]

What input if any did you have in the consolidation loan agreement? Did the bank just do it and tell you about it or did you formally enter into an agreement?

[spidey41]

i formally entered into it

[Tingy]

In my opinion it would be from the date you missed the first payment. I think you say the first payment was due on April 15th 2005. This means at best it would become SB in April 2011 (or 2010 if you live in Scotland).

 

Just to be safe I'd get a free copy of your credit report online (Experian do a free 30 day trial - don't forget to cancel it) and see what date they entered a default against this account, as some argue it's 6 years from the default date. I believe the actual wording is along the lines of, "the debt becomes Statute Barred when there has been no acknowledgement of the debt and no payment towards it for a clear period of six years."

 

If you're not being drastically pursued I'd leave it till at least April 15th, then being me if they're not pestering give it another month or so to be safe, then send the SB letter.

[dx100uk]

def 6yrs from last financial transaction in/out

 

dx

[Tingy]

def 6yrs from last financial transaction in/out

 

dx

 

think it needs the extra little bit of or since the debt was last acknowledged. It's unusual to acknowledge it without making payment, but is done from time to time.

[spidey41]

i've not admitted the debt or ever paid anything towards the debt i just need to know which date is the statute barred date , the date i signed the agreement or the date the first payment was due , i have not heard anything from dca for 18 months untill 2 weeks ago so i presume the time for statute barred must be getting near

[harrassed senior]

This is becoming their latest 'trend' trying to re-awaken almost SB debts.

[spidey41]

i don't know why they are bothering in my case , as the loan itself is invalid due to the apr being wrong , they know this but are still trying there luck , the sooner its stat barred the sooner i won't have to bother with them