Capital 1 Card & Robbersway

November 9, 2014

The default notice allows for a remedy - for example 'If you don't pay up within X then we will do Y'

The CoA cannot therefore occur before the expiry of the period allowed in which to remedy the default and the option to enforce the Y part of the condition comes to pass

generally. if the dn is not remedied, then the breach mentioned in it (ie the cause) subsists as the cause from breach date (not the dn date).

nosnibor · November 9, 2014

Thanks for the replies guy’s,

I think I understand, but my point was that the default notice was issued, the period allowed for remedy expired and the account was registered as a default back in 2006.

Is the cause of action not begun then? they certainly threatened it enough.

Nosnibor

November 9, 2014

you say #19 that there was a payment in nov 08, so that def date 06 is n/a

what was the nature of that payment? a plan, revised agreement, or just a one off, or...?

nosnibor · November 9, 2014

Hi Ford

I was on a regular reduced payment plan,then I discovered CAGlast payment was 17th November 2008,

November 9, 2014

Hi Ford
I was on a regular reduced payment plan,then I discovered CAG��last payment was 17th November 2008,

check the terms, if any, of that plan. but, as has been said on thread, is likely then to be the mth after the last payment ie when the next payment was due but not paid, in breach of the plan?

nosnibor · November 13, 2014

Thanks to all for the replies,

I was obviously misunderstanding the position; I will now hold fire until the end of January to be on the safe side.

Nosnibor

nosnibor · April 17, 2015

Old Cap One account, now owned by Hoist Portfolio been chased by Robinson Way.

Last payment November 2008 (100% certain)

Sent RW statute barred letter and as you can see from the attached reply it seems they have decided that the laws pertaining to statute barred debts are irrelevant!!

I’m sure this is grounds for a whole raft of complaints but would be grateful for some guidance.

Many thanks

Nosnibor

renegadeimp · April 17, 2015

Typical response from them trying to bluff their way out of it. It doesnt matter where you got the template from. I would be reporting this to the FCA as soon as is possible. Robbers way have already been reprimanded a few times for misleading debtors.

biggeorge · April 17, 2015

My god I want your time machine grab the lottery results for next week, Last payment 2018? Should that be 2008.

1: Template no foundation, They wish

2: Maybe a complaint to the FOS, ignorring your staue barred notice.

Sure others with more experience will be along to advise against these bottom feeders.

George

nosnibor · April 17, 2015

Post edited, thanks for the heads up George:-)

theoldrouge · April 17, 2015

report to FCA, Formal Complaint to RW which can be forwarded to FOS if refused

CONC 7.15 Statute barred debts

CONC 7.15.1

01/04/2014

FCA

A debt is statute barred where the prescribed period within which a claim in relation to the debt may be brought expires. In England, Wales and Northern Ireland, the limitation period is generally six years in relation to debt. In Scotland, the prescriptive period is five years in relation to debt.

[Note: annex B1 of DCG]

CONC 7.15.2

01/04/2014

FCA

In England, Wales and Northern Ireland, a statute barred debt still exists and is recoverable.

[Note: paragraph 3.15a and annex B3 of DCG]

CONC 7.15.3

01/04/2014

FCA

In Scotland, a statute barred debt ceases to exist and is no longer recoverable if1) a relevant claim on behalf of the lender or owner has not been made during the relevant limitation period; and

(2) the debt has not been acknowledged by, or on behalf of, the customer during the relevant limitation period.

[Note: annex B3 of DCG]

CONC 7.15.4

01/04/2014

FCA

Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period.