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Please help! I need advice regarding what I think is a Statute Barred debt.


beetle1973
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Hi all,

 

My first post so I hope I have done it correctly.

 

I will try to keep this short.

 

My wife and I have mainly credit card debts.

 

In September 2006 we moved house (from where the debts originated) although in late July 2006 I wrote to the bank in question advising of our new address (copies of both my advice of this change dated 21 July 2006 and the banks confirmation that my request had been received is in hand dated 28th July 2006). The latter being the last time I know of having any correspondence with the original creditor.

 

In the months prior to this last piece of correspondence, we had not made payment on any of our credit cards (or if we had, none were made after 28th July 2006) as we had run into financial hardship and I had been trying to resolve some kind of payment structure to pay off the debts but the bank said they could not help.

 

Thus, when we moved, we didn't hear anything for 18 to 24 months. Then we recieved many letters from DCA's demanding payment.

 

By now, I had found this the consumer action group site and due to the problems we had previously had with people being very unreasonable about realistic payment plans based on our new situation, we decided to challenge them with the CCA letter requests.

 

Moving on to today, since all the DCA's contacted us, we have this week recieved our first two CCA's back, one for my wife dated 2 August 2012 and the other for me dated 16th August 2012.

 

Thus, my question is, can I genuinely claim that these debts are now statute barred as 6 years has passed since our final correspondence i.e. the 28th July 2006 when the bank wrote back to us re our change of address and the 2dn August 2012 the date the DCA finally obtained a copy of the first of the two mentioned CCA's?

 

Please note, since our change of address letter dated 21st August 2006 (and the banks reply 28th July 2006) we have recieved numerous debt chaser letters all of which we have denied any knowledge of such debt. Do these letters stop the debt for being statute barred? It is my understanding that until we acknowledge the debt again, which we pretty much have to now they have issued us with the CCA's, the Statute Barred time keeps on counting.

 

Additionally, the first page of one of the CCA's is the one that contains the signature and relative agreement info but it is so small it cannot be read. Attched to the back of this is what they say the rest of the agreement but all these pages are large and easy to read. (second CCA is similar although I can read the first page but yet again it has a similar lot of pages attached). Is there anything I can do about this? i.e. question the value of if it is really a true copy?

 

Thanks for taking time to read and any help will be most greatfully appreciated.

 

Regards

 

 

Mike

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Good point, I should have mentioned this as our actions may have an affect of this. Please let me know if this changes anything!

 

After we first recieved DCA letters (18 - 24 months) we ignored them. It took them another 12 - 18 months for them to chase again. Some we sent CCA requests to and others we ignored again. Another 12 to 18 months later they come chasing again. By now we had requested CCA's from nearly all the DCA's in question with only one coming back who we now pay an agreed monthly payment to.

 

Does the fact that we ignored them have an affect on the Statue Barred aspect? We had initially told the Bank of our new address but I don't think they passed this information on to the DCA's.

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In answer to your question, nope.. it doesnt matter if you ignored them, or they didnt contact you.. the stat barred rule is that unless no acknowledgment or liability or payment has been made to the account for 6 years from when the first payment was missed then it is statute barred. The debt doesnt go away/disappear, but it is considered unfar for them to pursue you and there is a statute barred defence should they be silly enough to issue a claim.

 

Do be careful, they might well find a "mystery/phantom" payment. This is happeng quite a lot. If you are absolutely certain that you have not made a payment during that time then once you have advised them it is statute barred, it is for them to prove otherwise.

 

They might also claim that the CCA fees were paid into the account and restarted the SB clock. It doesnt, the fee is a requirement for the CCA and cannot be used as payment into the account.

 

HTH

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Also bear in mind that they may claim that your suggested SB date is two or three months too soon as the SB clock starts from the default date. It doesn't - it's from the last payment or written acknowledgement date.

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Statute barred notes.

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for all your help guys and possibly girls.

 

One final question, although I know the last correspondence with the bank was dated 27th July 2006, if I want to try to get statements that cover the 6 months around that period so I can find the exact date of last payment would this be possible? who should I refer to the original creditor or the DCA?

 

I did request a statement of account from the DSA's but they only ever give me the last one or two showing no entries, just account balance.

 

Is there another letter template for this type of request?

 

Thanks again, you help grealy appreciated!

 

Mike

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