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bit confused please can someone clarify staute barred??


kadie71
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ok I hope someone can help, I have a debt for barclaycard which was taken out in 2000, its now in the hands of lowells portfolio 1. on my credit file it lists the date of default as june 08. they have only recently started sending letters about this debt & the most recent one has added a further £100 in charges and now threatening a ccj. but I dont understand how they can say the default is june 08, when I know that i stopped making payments at least 6 years ago? Is the debt statute barred now? I was going to send the statute barred letter but as I am not 100% sure of when the last payment was made what would be the best one to use.

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Statute barred starts from the cause of action

 

that would be thirty days after you last made payment

 

then a period of six years has to pass where you have not acknowledged the debt in writing or made a payment

 

once statute barred

 

allways statute barred

 

HAVE YOU CHECKED YOUR CREDIT FILE TO SEE WHEN THE LAST PAYMENT WAS MADE

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it doesn't give any dates just the following - in the last 36 months of account activity the number of status 1-2 is 00, and the number of status3+ is 26. so does that mean I only used the account for 36 months? that would seem about right.

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Letter sent when debt is statute barred (send recorded)

 

1 High Street,

Newtown,

Kent

R21 4RH

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 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.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

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