dca chasing nationwide debt - what to do?

[Chrissie1980]

No nothing just this letter from AK saying the debt is now theirs and I owe x amount...... No correspondence from Nationwide themselves since 2008, the last amount was paid in April 2008 and they issued a default in Feb 2009

[Chrissie1980]

default in Feb 2009 is according to my cra as I do not recall receiving an actual notice

[Peterbard]

can you remember when they first started pursuing you for all sums due under the contract, not arrears.

[BRIGADIER2JCS]

No nothing just this letter from AK saying the debt is now theirs and I owe x amount...... No correspondence from Nationwide themselves since 2008, the last amount was paid in April 2008 and they issued a default in Feb 2009

 

 

Last payment APRIL 2008 statute barred April 2014

 

Default date/termination date and any other date is NOT relevant.

[Peterbard]

Last payment APRIL 2008 statute barred April 2014

 

Default date/termination date and any other date is NOT relevant.

 

This simply is not true, please google any of the accredited advice agencies.

 

Simply the statute bar date runs from when the creditor is entitled to call in the debt. This can only happen when the agreement is terminated because up until that time the debtor is entitled to repay the loan at the agreed rate.

 

Therefore the termination date is essential to the calculation, this is what the case law quoted earlier clarifies. If you have a letter demanding full payment with a date on it this could be used as proof fo the beginning of the statute bar period, the notice on the credit file could have been placed there at any time.

 

Please do not rely on the agreement being statute barred without further confirmation.

[Chrissie1980]

I had the loan put over onto a DMP along with other debts in 2006, the account was opened in 2005 sorry not 2006, but I started a DMP in 2006 after getting into trouble...... If that makes a difference?

[renegadeimp]

This isn't more fotl rubbish is it

[renegadeimp]

Chrissie, your sb date is 6 years after your last payment/written ack of the debt, whichever was the later, as myself and brig has already said.

 

If you are getting confused, feel free to google or contact cab or the oft.

 

It may be best getting concrete clarification from them as there is erroneous advice bring given to you by one poster.

[Peterbard]

It may do. It depends on whether they actually terminated the account or just made an arrangement to pay. The problem is that the term of the loan did not expire till 2010 so they could say that this was the date that all sums become due.

 

The situation is that you can say this is statute barred and it is up to them to probe that it isn't, but I would have a back up plan just in case.

[Peterbard]

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

 

The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This is normally after one or two missed payments. Sometimes, a debt will have no set repayment time. For these sorts of debts, working out the cause of action is more difficult. Phone us for advice.

[Peterbard]

See above notice nothing about starting when a payment is missed, on a consumer credit agreement, all sums due under the contract cannot be called until the agreement has been terminated after the service of a default notice.

 

I suggest tht some on here stop giving advise and start learning.

[renegadeimp]

Thread has been flagged in order to get concrete info.

[Peterbard]

The concrete info is this

 

the date on the cra file has a absolutely nothing to do with the SB start date

 

The Sb clock starts ticking when all sums are re callable under the agreement, in a CCA agreement this would be when the agreement is terminated as before this the terms apply.

 

After this, an acknowledgment of the debt is required to restart the clock , this can be either by payment off the account or written acknowledgment

[unclebulgaria67]

This fact sheet from National Debtline confirms the position.

 

http://www.bdl.org.uk/images/25_EW_NDL_Liability%20for%20debts%20and%20the%20limitations%20act.pdf

 

For this type of debt, the SB time clock runs from the date of the missed payment, where in the agreement it states that the creditor can take court action.

[BRIGADIER2JCS]

This isn't more fotl rubbish is it[/quote

 

Sounds like it Imp don't which bit of Wikipedia he found that rubbish!!

[BRIGADIER2JCS]

This simply is not true, please google any of the accredited advice agencies.

 

Simply the statute bar date runs from when the creditor is entitled to call in the debt. This can only happen when the agreement is terminated because up until that time the debtor is entitled to repay the loan at the agreed rate.

 

Therefore the termination date is essential to the calculation, this is what the case law quoted earlier clarifies. If you have a letter demanding full payment with a date on it this could be used as proof fo the beginning of the statute bar period, the notice on the credit file could have been placed there at any time.

 

Please do not rely on the agreement being statute barred without further confirmation.

 

Tis is simply true factual, correct!

[BRIGADIER2JCS]

Yes the start of the SB would be when the agreement was terminated as per the case law provided, so it really depends on when they issued the DN and terminated your agreement.

 

When was the account passed to the DCA ?

 

Dodge

WRONG AGAIN!! DN/default date termination has nothing to do with a debt becoming SB.

 

OFT Guidance on Debt Collection 2003/2006 updated Nov. 2012 (annexeB) read with the 2006 document.

Section 2.14 (b) It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the limitation period (6 years) E & W.

 

Regular contact is defined also and standard debt collection letters do not affect the limitation period'

 

Definitions: Relevant acknowledgment is: any payment made by the debtor (or his agent) in this limitation period) i.e. no payment made in six clear years. Dates from when a payment was due and not made (last delinquent payment) after which no further payment was ever made.

Relevant acknowledgment. Unequivocal written acknowledgment that a liability still subsists made within the limitation period.

 

Tried /Argued/Tested and stands !!

 

All else re termination/default notices (DNs are merely notices of intention to default to default an account and have no relevance to statute barring nor does the actual default date.

 

I cannot understand why you continue to act like a troll constant posting of spurious data is not doing you or the OPs any good.

[BRIGADIER2JCS]

Yes the start of the SB would be when the agreement was terminated as per the case law provided, so it really depends on when they issued the DN and terminated your agreement.

 

When was the account passed to the DCA ?

 

Dodge

 

Wrong

[BRIGADIER2JCS]

Yes the start of the SB would be when the agreement was terminated as per the case law provided, so it really depends on when they issued the DN and terminated your agreement.

 

When was the account passed to the DCA ?

 

Dodge

 

Wrong agiain

[BRIGADIER2JCS]

This simply is not true, please google any of the accredited advice agencies.

 

Simply the statute bar date runs from when the creditor is entitled to call in the debt. This can only happen when the agreement is terminated because up until that time the debtor is entitled to repay the loan at the agreed rate.

 

Therefore the termination date is essential to the calculation, this is what the case law quoted earlier clarifies. If you have a letter demanding full payment with a date on it this could be used as proof fo the beginning of the statute bar period, the notice on the credit file could have been placed there at any time.

 

Please do not rely on the agreement being statute barred without further confirmation.

The date of the last delinquent payment is the cause of action all else is irrelevant.

[BRIGADIER2JCS]

Thanks UB, let's hope DB now understands the simple facts!!

[Chrissie1980]

Thank you renegadeimp, Brigadier and unclebulgaria I was getting really confused there...... What should I do to keep them off my back till April?

[BRIGADIER2JCS]

Sit tight let us know if any company upgrades their approach, sorry but so much has gone on, what is the current state of play please?

[Chrissie1980]

I got a letter in March from AK at my old address as I was moving out sent it back as no longer at this address and haven't heard anything since and now today I checked my cra report and they have updated as defaulted

[BRIGADIER2JCS]

I got a letter in March from AK at my old address as I was moving out sent it back as no longer at this address and haven't heard anything since and now today I checked my cra report and they have updated as defaulted

Hi Chrissie,on what date did they update this and more importantly is the default the same as the previous entry?

 

AK cannot place a default at this stage themselves and can only up date the original entry with their details, the original default date cannot be changed.