Statute Barred

[Phil176895]

Can anyone help with this query.

 

I was sent a letter from 1st Credit from Reigate contacting me about an account I had with The Abbey National in 2007.

 

I moved addresses in May 2007 and had nothing to do with The Abbey since then.

 

In July 2007 I left UK to work in Malta I have recently returned.

 

1st Credit wrote to me at a new address asking me to get in touch with them

when I did they said that I was still owing £1400 to he Abbey.

 

Seeing that I had not paid anything since May or June 2007 I sent them a Statue barred letter.

 

They have replied that because a default on my file was not placed until 18th October 2007

they are not regarding it as statue barred,

 

are they right?

[wobbly]

From what I have read on here phil176895

 

the clock starts running from when you made the last payment,

 

not from when default put on file.

 

Someone more knowledgable will advise soon I am sure.

[BRIGADIER2JCS]

Can anyone help with this query.

I was sent a letter from 1st Credit from Reigate contacting me about an account I had with The Abbey National in 2007. I moved addresses in May 2007 and had nothing to do with The Abbey since then. In July 2007 I left UK to work in Malta I have recently returned. 1st Credit wrote to me at a new address asking me to get in touch with them when I did they said that I was still owing £1400 to he Abbey. Seeing that I had not paid anything since May or June 2007 I sent them a Statue barred letter. They have replied that because a default on my file was not placed until 18th October 2007 they are not regarding it as statue barred, are they right?

 

Ok no 1st Credit are wrong the date of the last payment is relevant, the default is placed some months after this.

 

So do nothing further and I will draft a letter for you, to deal with this, 1St Credit are trying this ploy a lot lately.

 

I be back in an hour or so.

[dx100uk]

yes quite correct

 

this is a typical trick being used by an increasing number of DCA

to try and spoof the unknowing.

 

pers i'd be ignoring them.

 

dx

[Phil176895]

Thanks you guys who have replied you have instantly made my day and made me feel a lot better.

[AndyOrch]

Even if they placed it 18th Oct in their eyes they still have 29 days to litigate before it becomes SB so assuming they issued a letter before action allowing 14 days to respond that would leave 15 days to commence.Its quite common for creditors to issue a DN and place the marker after 3 missed payments...but as stated above it is from the last payment or acknowledgement to account.

 

 

Dont send any further letters...count the days down.

 

Regards

Andy

[Phil176895]

Even if they placed it 18th Oct in their eyes they still have 29 days to litigate before it becomes SB so assuming they issued a letter before action allowing 14 days to respond that would leave 15 days to commence.Its quite common for creditors to issue a DN and place the marker after 3 missed payments...but as stated above it is from the last payment or acknowledgement to account.

 

 

Dont send any further letters...count the days down.

 

Regards

Andy

 

Andy sorry for my ignorance what is a letter of action, what they sent me was a letter explaining that they were not counting the debt as statute barred and they also sent me a sheet of paper asking for my expenditure.

[KaptRoger]

A Letter before Action (LBA) is the letter telling you that they are taking you to court. However, this must not be confused with any letter saying that "they may take you to court" or "may consider taking you to court" or "may think about taking you to court" or "suggest to their client that they take you to court".

 

Basically the Statue Barred "clock" started ticking when the next payment was due on the account but wasn't made. So if you paid in April 2007, but not in May 2007 then the clock starts from May 2007.

 

DCA's will try to confuse the issue, and mislead you - so take heed of the site team here. They will give you the straightest and most accurate advice.

[BRIGADIER2JCS]

The default date is not the start of the limitations period.

[fkofilee]

1st Credit... Biting the dust yet again.

 

If its not one scandal, its another ^__^

 

They are right in every way, sB status occurs 6 years from the last payment due date,

A default date has no impact on this and should be used to judge if it under the 6 year threshold.

[havinastella]

You should always refer to your Terms and conditions for the 'Cause of action' date. This can vary for different debts.

[BRIGADIER2JCS]

You should always refer to your Terms and conditions for the 'Cause of action' date. This can vary for different debts.

 

Maybe but it cannot change the Statute of Limitation Period.

[ims21]

Thanks again everyone, I will copy and paste BRIGADIER2JCS letter and send it to them and will let you know of the outcome,

 

I think you might be wise to follow the advice given by andyorch in post #6.

[BRIGADIER2JCS]

Confusing the default date with the start of the prescribed limitation period,or deliberately stating that this affects the limitation period is wrong!!

 

This is becoming a frequent ploy by debt purchasers/DCAs, and can be interpreted as 'unfair and/or misleading business practice' as laid down in the OFT Guidance on Debt Collection.

 

Unless of course this has been changed, along with the 6 years NO payment or unequivocal acknowledgment?