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Statue Barred timing on Discontinued County Court Claim


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It's been a while since I last posted but need some advice on the following and how a discontinued claim can effect the timing for Statue Barred debt.

 

7 years ago defaulted on a loan, with the help of this site was able to fight then off. In 2008 original creditor issued a County Court Claim, I submitted a full defence, creditor's solicitor invited me to withdraw my defence as it had "little chance of success". I refused and claimant applied for Summary Judgement.

 

I submitted Witness Statement for and then 3 days before hearing Claimant withdrew from the hearing and "for commercial reasons" discontinued claim in full with both parties meeting own costs - which I was happy to agree to.

 

Heard nothing further from either original creditor or anyone acting on their behalf until recently when I received a very nice and friendly letter from a DCA inviting me to "put forward my proposal for the repayment of the outstanding balance on the account". They are happy to accept monthly instalments or offer a substantial discount if I am in a position to pay off as a lump sum. I also have 21 days to respond to their letter and they look forward to hearing from me in due course.

 

Aren't DCA's such nice friendly people these days - so polite and helpful - till you acknowledge the debt (which I have no intention of doing).

 

My question is how does the discontinued claim affect the clock for a debt being Statue Barred. Documents supplied by OC show date of last payment as being in 2006.

 

Does the Statue Barred clock restart form the date of the claim being discontinued which would be 2009 or does it just carry on from the date of the last payment in 2006 - as if the County Court Claim had not happened.?

 

Any thoughts on this would be appreciated.

 

B40

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Discounts mean unenforceable debt. Which is prob the reason they discontinued the claim. They then passed the debt on to a lower dca.

Regarding sb court action stops the sb clock. Have you sent this dca a cca request and/or sar? They prob dont have the paper work to enforce the debt.

 

Can you provide more info on the loan? There might be excessive charges or ppi on it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Surely if the claimant discontinued the claim then it as if they never made it? So the SB clock kept running?

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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That claim was not judged so it is irrelevant. I believe the debt is SB. A claim only stops the clock in the sense that a claim must be made before the account becomes SB, but only if the claim is followed through – otherwise, a debt owner would simply issue a claim then withdraw to extend the enforceability by six years!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Could always send the SB letter and see what their reply is. As i said, its been passed on again and youve had an offer of a discount. They even discontinued when you filed the initial defence. That says a lot.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Thanks for your replies.

 

renegadeimp - CCA and SAR request done with OC they supplied recreated agreement - no PPI and only charges were late payment fees and charge for them to write to me which amounted to less than £100.

 

When claim issued copy of CCA was eventually supplied when requested documents for me to submit defence. No wonder they sent recreated agreement Part of CCA missing - looked like it was torn off, a sticker from OC was covering up details of amount for loan, interest etc and page which had signature boxes on never supplied. (Whoever scanned OC's docs did a bad job).

 

3 default notices sent in 2006 all gave different amounts for outstanding balance due (over the 3 the total fell by £2000) and monthly amounts due never added up. Copies of DN they supplied when requested all had different figures/account numbers on - one was even for someone else. Their documents in a total mess.

 

After claim discontinued OC never passed it on to anyone else so this is the first DCA who have written to me about it.

 

Was thinking of going with SB letter but wanted to get advice and opinion of others before doing so. Still got some time before need to reply as they have kindly given me 21 days.

Edited by Blondie40
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You dont need anything concrete. As i said, from all the info you gave us, the debt is well and truely a lemon debt and cant be collected. The DCA's are just threatening to do things to get money out of you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You dont need anything concrete. As i said, from all the info you gave us, the debt is well and truely a lemon debt and cant be collected. The DCA's are just threatening to do things to get money out of you.

 

Interestingly the DCA's letter does not contain any threats as is usual. More of a how we look forward to hearing from me soon and working with me to resolve this matter to your satisfaction. Change of tack maybe from a DCA or perhaps it's a case of "we know it's SB but if we are really nice to you you might slip up and acknowledge the debt".

 

B40

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A DCA will use any language they can to convince you to pay. However, the message is always the same, no matter which way they put it forward.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 2 weeks later...

SB letter to the OC if the DCA is only acting on behalf of the creditor.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Fast response from DCA (much faster than I expected):

 

Dear B40

 

we have now returned this account to our client. If you require any further information please contact (OC's Head Office). I can also confirm we have removed your personal details from our files and you will receive no further correspondence from us.

 

And it's signed by a real person, not just The Collections Department

 

So, lets see how the OC responds to their SB letter.

 

B40

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It is lovely when you call a DCA's bluff and they scuttle off into their little hole. The OC may try and pass this on to another DCA. If so you can then complain.

From the sounds of it, the DCA know it's SB so don't want to follow through

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Interesting response from OC's complaints department.

 

Looks like they consider the SB letter a complaint and are investigating the matter in full and hope to inform me of their findings within 56 days of the date they received my letter.

 

Has anyone else had an SB letter replied to in this way?

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  • 2 weeks later...

Would appear OC considers a letter informing them that a debt is statute barred as a complaint. The following is reply I have received from OC:

 

Dear B40

 

Thank you for your letter with your concerns in regard to the above matter.

 

I understand that you have recently raised a complaint in relation to the outstanding balance on your account. Following my investigation into this matter I can confirm an outstanding balance on the above account of £XXXX.

 

We are happy to supply evidence of your liability for this outstanding debt and should you wish us to do so please confirm this in writing.

 

I can confirm that (DCA who contacted me - B40) have now closed their file on this account due to your refusal to make any payments. However the balance will remain outstanding and we reserve the right to pass the debt to a third party for collection.

 

I am therefore sorry to inform you that I will be unable to uphold your complaint. If after consideration you would like to discuss this matter further please contact me on 0000 000 0000.

 

You are also entitled to refer your complaint to the Financial Ombudsman Service. The enclosed leaflet explains in full how you can do this. You must contact them within six months of the date of this letter and provide them with a copy of it as they will require this for their investigation.

 

Your sincerely

 

Despite no acknowledgement of the debt in 7 years and the OC having issued and then discontinuing a County Court claim it would appear that the OC either does not understand what a Statute Barred debt is or they intend ignoring the OFT's guidance on this.

 

Has anyone had any success following a complaint to the OFT regarding collection activity on an SB debt?

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They still make no mention of the statute barred status.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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We are happy to supply evidence of your liability for this outstanding debt and should you wish us to do so please confirm this in writing.

 

call their bluff. What's the betting they cannot supply the info. more bovine excrement will follow no doubt.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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call their bluff. What's the betting they cannot supply the info. more bovine excrement will follow no doubt.

 

I already know they have dodgy documents following their discontinued claim back in 2009. See no point in going down the requesting documents road again as it will serve no purpose.

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