capquest - old sky/monument/BC credit card

[BRIGADIER2JCS]

One important point still to remember if no party has already started a court claim the Limitations Act 1980 is clear that no such action can be taken after 6 years have elapsed since the cause of action i.e. the default.

[BRIGADIER2JCS]

Brig the above is incorrect if you iare referring to Tort..Tort is not a credit agreement , in common law jurisdictions, it is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor.

 

Although crimes may be torts, the cause of legal action is not necessarily a crime as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages. In order to prevail, the Claimant must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict.

 

So I think you are confusing it with the 6 year period since default/incident...which applies in other Torts once that period has expired...which is not the same under Credit Consumer Law

 

You are correct on your other point but there is no judgment here and therefore nothing to execute.As hes been making payments without a 6 year gap its not statute barred either.

 

Regards

 

Andy

 

Indeed so LA 1980 Part 1 (5) is what I should have quoted.

[BRIGADIER2JCS]

When were these payments made.

[BRIGADIER2JCS]

Sorry my mistake my wife pointed out its Barclays bank plc not Barclay card(really need new glasses). do I send SAR to their address on CCA?

To the Data Controller Barclays Bank Plc at the HO address.

[BRIGADIER2JCS]

SAR time scale is 40 calendar days.

 

All ex directory means is that it is not shown in the BT phone book, any time you have given the number to any sort of business, it's likely to be passed on to other companies and organisations.

 

 

 

 

 

 

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Edited August 2, 2013 by BRIGADIER2JCS