Does legal action freeze the SB clock?

[Nishikigoi]

It's getting close to the SB clock on a number of alleged debts, I've sent 'prove it' letter with no reply they just transfer the 'debt' on and I get a new DCA to play with.

 

I'm well used to the threat'o'grams but I have 2 large amounts (both over 10k) going SB in October and November, both are 'owned' by Lowell.

 

Recently I've had a 'we found you' letter from Fredrickson, I sent a "Well done I was never hiding/prove it" letter, but before this has got there (recorded) I've had another letter, again 'considering' legal action.

 

I'm going to post the 'prove it' letter again but wondered if they were to start legal action it takes a few months to get going and then there is the court date to settle.

 

If they were to start formal legal action but by the time it went to court the SB clock had run out, would they be able to enforce the debt, or is that just bad luck on their part?

[BRIGADIER2JCS]

If the action is started and documents are before the court SB will not come into effect.

[sillygirl1]

What can be used against them is the fact that no court action or enforcement action was taken before 'within a reasonable timeframe'.

[unclebulgaria67]

What are these debts ? Have you asked for a copy of the CCA ? Any PPI/charges that you can challenge ?

[dx100uk]

IMHO i would have given up letter tennis after the very first DCA letter

you keep playing letter tennis

they'll think they can catch a mug.

 

dx

[sequenci]

What can be used against them is the fact that no court action or enforcement action was taken before 'within a reasonable timeframe'.

 

Eh?

 

So long as action is commenced within the limitation period it'll be allowed.

 

In relation to the OP's query, Brig is absolutely right here. So long as the claim is raised within the 6 years it wouldn't matter if the actual hearing (if there is one) is after the 6 years. There is a definition within s38(1) of the Act:

 

'(1)In this Act, unless the context otherwise requires— .

“action” includes any proceeding in a court of law, including an ecclesiastical court'

 

http://www.legislation.gov.uk/ukpga/1980/58/section/38

[Nishikigoi]

Hmm, it's on my credit file (with the default date) but not to Lowell, I've only been dealing with these when they have made noises that concern me (for Crapquest is was a statutory notice) then I have made a CCA request.

 

I've not made a CCA request, only replying to the last letter as it was a "A-ha! we found you hiding" and I was not. I'm concerned that they might start legal action as it's so close to SB.

 

I've not sent the second letter, do you think I should send a CCA request to them and if so Lowell or Fredrickson as they are both bottom feeding DCA's?

[sequenci]

I think a CCA request would certainly be worth doing, especially since you're entitled to a statement of account just as much as you are the credit agreement. I wouldn't trust what a credit report says, they are often inaccurate. Ensure that you make it clear that the £1 fee is not to be used to make a payment 'in respect of the debt' as it cannot be used to reset the limitations clock (if not already over). Also ensure that your letter is clear that it's not acknowledging the 'debt'.

 

Hope this helps!

[Nishikigoi]

I've got a copy of my experian and Noodle reports and they both agree on the default date.

 

I'm sure there are a heap of hoops to keep them busy and like Crapquest I doubt they will have the correct paperwork.

 

Ho-hum looks like I'm sending a CCA request over the weekend.

[huggy41]

THE DEFAULT DATE matters not as the SB clock starts from when you stoped making payment NOT THE DEFAULT DATE which can be added to your file upto 6 months later . so it might already be SB

[BRIGADIER2JCS]

Court action ''Should'' be started within 6 years.

[sequenci]

THE DEFAULT DATE matters not as the SB clock starts from when you stoped making payment NOT THE DEFAULT DATE which can be added to your file upto 6 months later . so it might already be SB

 

The time starts running when the account defaults as per the terms & conditions. with credit cards and loans this is often once a few payments have been missed, a default notice served and expired. What's important to note is that many creditors try and mislead people as to when the account 'defaulted' - I've seen scores of wrong defaults on credit reports to try and coax payment from unsuspecting debtors. The OFT have made is clear that the sending of a defualt notice by a creditor is simply a procedural bar and not relevant to the start of the cause of action. You would also look at the terms and conditions of the contract when calculating the start of the cause of action instead.

 

Hope that makes sense!

[Nishikigoi]

Yes makes sense, I've sent the usual CCA request with the £1 postal order and marked it as no debt acknowledged etc, plus asked for statement of account.

 

That should keep them busy and the statement will show if it's SB'd (or VERY close), I've not made any secret on here that after illness and financial reversal, I offered all my creditors payments only First Direct accepted and they have been pretty good throughout.

 

The rest did a bolt'n'run and sold to DCA's etc and I know both these amounts are WAYYYY high and from loans for much less arranged over the phone, so I very much doubt there is a cat in hells chance they have the correct paperwork or all the default notices, assignments etc.

 

Just need to keep an eye on them over the next few months.

[sparky514]

Sorry if this is a daft question, but can someone tell me what CCA stands for? thank you x

[Old Cogger]

Consumer Credit Act

[sparky514]

thanks Mike

[BRIGADIER2JCS]

Or Consumer Credit Agreement.