Interest & statute barred

[staxvolt]

If no written acknowledgement or payment has been made to a debt for 6 yrs but interest has continued to be added, can the account still be classed as statute barred.

 

Also what is the situation if £1 sent for cca is credited to the account but within the 6 yr period, is this classed as a payment and therefore acknowledging the debt.

[MadScouser]

It is the written acknowledgement that determines Statute barring of debts, as far as I am aware, it is irrelevant if a creditor has been adding interest to a debt.

 

Provided you can show that that £1 was sent for a CCA request, it should not restart the Stature bar time limits.

[cerberusalert]

can the account still be classed as statute barred.

Yes.

Also what is the situation if £1 sent for cca is credited to the account but within the 6 yr period, is this classed as a payment and therefore acknowledging the debt.

One of the reasons it is advised that any CCA request sent should be recorded delivery, is that then it can be easily proven that the £1 is for just that. Besides, they would have difficulty convincing a court that someone had only paid £1 in six years and it was pure coincidence that it was at the same time as the CCA request.

Edited August 19, 2009 by cerberusalert
typo

[staxvolt]

Thanks for quick response.

So statute barred remains even if interest is added as this a bank transaction and not the debtors.

The £1 for cca appears to be a bit tricky.

Could they really convince the court this was payment if the sum was sent within the cca letter recorded delivery.

[cerberusalert]

So statute barred remains even if interest is added as this a bank transaction and not the debtors.

Yes it remains Statute Barred.

Could they really convince the court this was payment if the sum was sent within the cca letter recorded delivery.

Only if Paul McKenna was acting for them.

 

It was a typo in my original reply it should have been 'would have difficulty'.

[staxvolt]

Understand statute barred now.

Still not clear on the £1 cca fee.

If this is sent with the request then they are not permitted to use it to credit the account - is that right.

[maroondevo52]

Correct.

[staxvolt]

Thanks everyone.

That clears up some queries a lot of people have.

Also I understand once statute barred always statute barred.

Even if a payment and/or acknowledgement of debt is made after 6 yrs.

This does not restart the clock.

[debt4get]

Thanks everyone.

That clears up some queries a lot of people have.

Also I understand once statute barred always statute barred.

Even if a payment and/or acknowledgement of debt is made after 6 yrs.

This does not restart the clock.

if you acknowledge or pay anything then yes the clock will restart

[debt4get]

but then why would you if you know it to be sb

[maroondevo52]

For a debt to be statute barred there must not have been any written acknowledgement to the debt, no payment has been made towards the debt during this 6 year period, and no legal action has been taken against you, then the debt will be statue barred.

 

The Limitation Act stipulates that when a debt is statue barred, the creditor is unable to obtain any county court judgment to recover the money from you. In accordance with this, the Office of Fair Trading (OFT) has issued a document called 'Office of Fair Trading's Debt Collection Guidance. This states that a creditor is not able to pursue somebody for a debt that is statue barred once the debtor has claimed that the Limitations Act applies, if they continue they would be effectively causing harassment and you may proceed to make complaints to the FOS and OFT.

 

Regards.

 

Scott.

[postggj]

if you acknowledge or pay anything then yes the clock will restart

 

 

IF A PAYMENT OR LETTER IS RECEIVED WITH IN SIX YEARS OF THE LAST PAYMENT, THE STATUTE CLOCK WILL RESTART

 

ANY ACKNOWLEDGEMENT OR PAYMENT AFTER SIX YEARS DOES NOT RESTART THE CLOCK

 

ONCE STATUTE BARRED, ALLWAYS STATUTE BARRED

 

ALL YOU HAVE TO DO IS SEND THE DCA OR CREDITOR THE STATUTE BARRED TEMPLATE

 

THEY THEN HAVE TO CEASE ALL COLLECTION ACTIVITY AND CLOSE DOWN THE ACCOUNT

 

BUT YOU MUST INFORM THEM

[staxvolt]

Some interesting points.

If legal action is taken and claim is not successful does this prevent the debt from being sb.

Is this the case even if the debt has not been acknowledged through the claim process.

[staxvolt]

Can anyone help with my previous post.

I am sure many people receive court claims for a debt they have forgot.

Some may win due to dca/creditor not being able to prove debt.

They may not even know the debt could be statute barred.

If this is the case does the debt still remain statute barred even thought the claimant has not won the case.

[maroondevo52]

Creditors are still able to pursue an unsecured debt if:

 

They have previously obtained a judgement against you (a CCJ);

 

Once a debt becomes statute barred it remains statute barred whatever then transpires. In other words the debt can never be legally chased through the courts again and nothing the debtor or any representatives do once the statute barring date has passed can alter this situation. So categorically the re-starting of the statutory clock can never occur in any circumstances after the debt has become statute barred so a debts new buyer does not gain any new rights or options but only has those the previous or original owner had when it was sold to them. No more no less period!

 

Regards.

 

Scott.