Statute Barred discussion thread

[charharp]

Dodge what has the default date got to do with statute barred?

[Peterbard]

Dodge what has the default date got to do with statute barred?

 

The default date will give an indication of when the agreement was ended, this will be the cause of action for the SOl, after this it would be reset by any payment or acknowledgment.

 

The CRA defait date is only a guide of course the actual date would be when the notice under the act was sent or there about.

[charharp]

Oh that's an interesting point Dodgeball. Can you post evidence supporting this.

[ims21]

We are not going to carry on the SB debate on this thread.

 

Let's await the further info which has been requested from the OP and see what the facts are.

[charharp]

They are all moot points. Doesn't matter what the £1 was for its a credit card account and It's been 6 years. It's barred.

[SWLABR9]

Just in passing, I know there's debate about what constitutes a proper and lawful default notice. Is there a definition on the site of what one has to contain and in what format please?

[Peterbard]

They are all moot points. Doesn't matter what the £1 was for its a credit card account and It's been 6 years. It's barred.

 

Well I suppose if you believe that a contractual payment can be a cause of action it would be moot

[silverfox1961]

They are all moot points. Doesn't matter what the £1 was for its a credit card account and It's been 6 years. It's barred.

You are going to get some disagreement there. While there are no hard facts on the Limitations Act, the general consensus is that it all depends on the terms and conditions. IF the Ts&Cs say that after two missed payments the account will be suspended/ terminated, that is likely to be the COA. This is when a creditor 'could' send a default notice (not necessarily should) so even if a creditor sends a DN 6 months later, this matters not as they could have done it earlier.

 

remember, until the DN is issued, only the arrears can be demaded. That is not a COA.

 

Having said that, if you wish to dispute it, start a new thread in the BG

[Peterbard]

Just in passing, I know there's debate about what constitutes a proper and lawful default notice. Is there a definition on the site of what one has to contain and in what format please?

 

Probably best starting your own thread otherwise the default and termination regulations http://www.legislation.gov.uk/uksi/2006/3094/contents/made

[Peterbard]

You are going to get some disagreement there. While there are no hard facts on the Limitations Act, the general consensus is that it all depends on the terms and conditions. IF the Ts&Cs say that after two missed payments the account will be suspended/ terminated, that is likely to be the COA. This is when a creditor 'could' send a default notice (not necessarily should) so even if a creditor sends a DN 6 months later, this matters not as they could have done it earlier.

 

remember, until the DN is issued, only the arrears can be demaded. That is not a COA.

 

Having said that, if you wish to dispute it, start a new thread in the BG

 

Yes broadly my understanding also

[charharp]

£1 would not be a contractual payment as minimum monthly payment I all credit cards is £5 so by that point the account would be with the collections department and the £1 would be for CCA or a payment towards the debt they were demanding.

 

DN is a procedural requirement that they are free to issue after one missed payment. Because they delay it makes no difference to limitations. Pointless arguing with Dodge I just hope the original poster has the faculties to see through him.

[silverfox1961]

All posts are now in the bear garden. continue here please without the hassle

[charharp]

So are we free to post without deletions?

[silverfox1961]

So are we free to post without deletions?

 

You may post freely so long as you (and others) are polite.

If this thread starts getting flamed then it will be closed just like the other one.

[Peterbard]

£1 would not be a contractual payment as minimum monthly payment I all credit cards is £5 so by that point the account would be with the collections department and the £1 would be for CCA or a payment towards the debt they were demanding.

 

DN is a procedural requirement that they are free to issue after one missed payment. Because they delay it makes no difference to limitations. Pointless arguing with Dodge I just hope the original poster has the faculties to see through him.

 

Contractual payments would be made within the term of the contract, Paying money on a contract is not a breach, not paying money is a breach of contract, you are confusing yourself again with acknowledgment.

[Peterbard]

I can see how you may struggle to understand this so put it this way. I have a credit card i miss several payments then I pay £1 when is the cause of action ? when I pay the £1 do you think ?

[Peterbard]

[charharp]

No it's when you miss the first payment, the pound just resets the clock.

[Peterbard]

No it's when you miss the first payment, the pound just resets the clock.

 

I see, so why then are you telling the OP that the COA was the payment for £1 ?

 

 

I don;t think I have anything to gain from discussing this with you, so I will leave you to it

[charharp]

Show me where I said the £1 was the cause of action.

[charharp]

Tumbleweeds.....

[fletch70]

£1 would not be a contractual payment as minimum monthly payment I all credit cards is £5 so by that point the account would be with the collections department and the £1 would be for CCA or a payment towards the debt they were demanding.

 

Actually you do not know this for certain. The payment could be a token payment after discussion with the credit card company. Are you 100% sure that the minimum payment is £5 in all cases.

[charharp]

We'll discuss that later fletch we are waiting for dodges answer. He makes lowells phantom payments look watertight.

[fletch70]

Well as the start of this thread is missing i can not comment. I am however sure dodge would agree it would be up to lowells to prove the payment was made but it would also need a positive assertion from the debtor that it wasn't made. (if it went to court).

[charharp]

It's got nothing to do with that fletch I was just being sarcastic. All my posts are on this thread, he claims I said the £1 was the cause of action [edited]