When does the Statute Barred clock start ticking?

[maggie60]

Early last year my husband received a county court summons for £11,500 for a credit card debt sold on to a DCA.

 

He replied and defended the action on the basis of the limited information on the summons

and that he was awaiting a reply to the CCA letter sent to them on the day the summons was received.

 

He never received a copy of the CCA,

just a letter from them saying the debt was no longer enforceable

and they could not proceed any further through the courts,

but would he please call them to discuss a repayment plan.

They also promised to forward the copy of the CCA.

 

That was over a year ago and we are still haven’t received the CCA,

but what he did not advise them was the debt would not really be statute barred until last October

, three months after their letter.

 

Move forward to now,

and I have received a letter from the same DCA and they are chasing a debt for £8.250 for a card of mine.

This will become statute barred in the middle of August when it will be 6 years since the last payment.

 

I received a letter from them dated 6 April but not received until 12 April,

saying if I did not contact them within 14 days they would commence legal action.

 

My understanding of statute barred debts is they expire six years after the last payment

or admission of the debt and the creditor has until this time to obtain judgement.

 

 

Is this correct and can the DCA request to the courts an extension this period for the time it takes to

transfer to a local court and to a hearing?

 

The default for this will expire soon and I am l keen to keep as clean a record

as possible after eight years of financial misery.

 

I appreciate I am morally wrong but this DCA will have purchased the debt for peanuts,

[dx100uk]

read the letter properly

it doesn't say will anywhere

 

 

and no nothing can extend the SB date

not even a judge

[havinastella]

Just send the CCA request as before. Even if you receive it, you can still play paper pong till you get past the SB date.

[dx100uk]

pers i'd send nothing

[maggie60]

If I send the CCA Request can they take out a summons in the meantime?

 

DX, as you suggest I would leave it, but for the fact that they DID issue a summon before and may have cross-referenced the name/address and be annoyed at the money they lost on trying to sue my husband after buying his debt.

[dx100uk]

stop worrying

a CCA request will not stop them

IF they wish to issue.

 

 

save your arrows

[maggie60]

OK DX, I will hold tight until we get something.

 

 

Reply to solicitor's letters, if we get any?

[dx100uk]

no

next bloke

next desk

diff coloured skirt

using the same printer

and a diff letterhead.

 

 

dx

[maggie60]

no

next bloke

next desk

diff coloured skirt

using the same printer

and a diff letterhead.

 

 

dx

 

 

 

understood, like many other DCAs

[Old Cogger]

understood, like many other DCAs

 

 

sharing the same G string!

[postmn]

sharing the same G string!

 

please i just had my lunch!!

[maggie60]

What is normally the shortest period between filing a defence and a hearing, based on the assumption of it having to be transferred to a local court? We have around 6 debts between us that will be stat barred between May and October with only the August one threatening action.

[dx100uk]

whats that got to do with anything?

[maggie60]

So we know when any court action cannot be taken out successfully.

 

 

All the debts have been sold on to DCAs.

[dx100uk]

??????????

 

 

but you've had not even a claimform yet...huh..

that stops the clock..

 

 

stop panicking...

[ericsbrother]

IF you get a proper lba from any of these companies come back here for furhter advice. That will probably include sending a CCA request if a credit agreement but for the moment they arent bothering you so dont poke them with a stick.

Your assumptions on why they ceased action against hubby may well not apply to your own case so dont allow that to blind you.

[maggie60]

they arent bothering you so dont poke them with a stick.

 

Good advice.

 

 

We have learned to keep are heads down and not answer the phone if their numbers appear and so far 7 debts totalling over 55k have disappeared from our credit files and chasing letters.

[Guest]

sara

was their letter a letter before claim. ie saying that they will commence action in x days etc

[maggie60]

yes, they say they will proceed with legal action if they do not hear from me within 14 days.

[Guest]

specifically, it says 'will'? and it was a letter from their actual solicitors?

 

if so, can expect a claim. unless they change their minds.

[dx100uk]

no it does not say will anything

READ IT PROPERLY.

[maggie60]

It was from the DCA not their solicitors.

[Guest]

there you go.

scan it up, if you want.

[maggie60]

no it does not say will anything

READ IT PROPERLY.

 

Yes it does, I have the letter in front of me.

[Guest]

scan it up. (minus any identifiables)