Carter/lowell Claimform - very old Co-Op Card Debt

[AndyOrch]

Only goes back to October 2013. States that the default was 12/11/2011[/QUOTE]

 

Thank you for your letter dated 1 September 2014.

 

" We confirm the limitation period runs from the default date, in this matter being 12 November 2011, therefore the account is not statute barred."

 

 

 

Dates tally with your post from the CRA files...I suspect that is where the above as come from not an actual default notice.

 

Limitation period runs from the past payment/ acknowledgement 6 years its statute barred...just submit the defence I have provided.You cant issue a default notice 4 years after the default.

[Melbourne99]

Only goes back to October 2013. States that the default was 12/11/2011[/QUOTE]

 

Thank you for your letter dated 1 September 2014.

 

" We confirm the limitation period runs from the default date, in this matter being 12 November 2011, therefore the account is not statute barred."

 

 

 

Dates tally with your post from the CRA files...I suspect that is where the above as come from not an actual default notice.

 

Limitation period runs from the past payment/ acknowledgement 6 years its statute barred...just submit the defence I have provided.You cant issue a default notice 4 years after the default.

 

 

What happens if the court agree with Mr Carter?

[AndyOrch]

Mr Carter would have to disclose and explain why their client is reporting false data to the ICO and why they issued a default marker 4 years after the default.

If you can prove that no payment or acknowledgement has been made for a period of six years...then it would be accepted as statute barred.

 

If the statute of limitations is to be measured from when the CRA,s state a default was registered or when the cause of action accrued the all creditors would place the default markers when they felt like it and the current Statute of limitations would be meaningless.

[Melbourne99]

Mr Carter would have to disclose and explain why their client is reporting false data to the ICO and why they issued a default marker 4 years after the default.

If you can prove that no payment or acknowledgement has been made for a period of six years...then it would be accepted as statute barred.

 

If the statute of limitations is to be measured from when the CRA,s state a default was registered or when the cause of action accrued the all creditors would place the default markers when they felt like it and the current Statute of limitations would be meaningless.

 

Ok, thanks - will get the claim filled out.

[dx100uk]

why don't you just use mcol rather than filling the form in?

 

 

dx