When does the Statute Barred clock start ticking?

[maggie60]

Thanks Ford, but I don't want to scan the letter, as even with the best editing DCAs know their formats and I don't want them to identify me.

[Guest]

type it (the content) out then. its prob a template letter sent out to hundreds

[dx100uk]

well then they cant ID you then can they

as the format is a temple

and if you remove you details

its a blank template sara.

 

 

I bet I have numerous copies of the sane one filed already.

[fletch70]

Does the letter say anywhere on it that it is either a letter of claim or a letter before action?

 

If it does, and from what you have said it does sound like a letter before action get a cca request sent off asap , it may be enough to stop them issuing a claim.

 

I know it worked for me a few years ago when I received a LBA from a DCA for a smallish debt, purely by accident I was sending CCA requests off at the same time, it stopped them in their tracks

 

The following letter has worked for some in the past

[template removed]

 

 

Sara

 

I do agree with DX that it is highly unlikely if not impossible for a DCA to be able to identify you from a standard letter particularly if you remove all names, reference numbers and bar codes before posting.

Edited April 19, 2016 by dx100uk
dx

[fletch70]

Incidentally

 

You ideas on SB may be flawed as it can vary

Had the account been defaulted when you made the last payment?

 

If it was an up to date account it can take some time, often a month or two before the limitations clock starts to tick, i.e the 6 year period starts. While I would love to be able to give a definitive answer, every case is different and there is no case law to clarify exactly when it does start

[maggie60]

Hi Fletch, letter states "potential legal action" rather than letter of claim or letter before action. It looks like a letter before I get a letter from the solicitor. I tend to agree with the previous post warning against poking around and would probably delay sending a CCA request until the summons was received.

 

 

We have had far worse threats for larger amounts that came to nothing.

 

 

I came across another forum where they had a printed letter to all DCAs from the body that controls them saying the date of SB starts from the LAST PAYMENT. This was to clear any ambiguities from those who tried to claim it started a month after the last payment or the default date which could be many months later and they left themselves open to severe consequences unless they adhered to this. It also stated that they were certainly allowed to continue to chase SB debts, but once they received a request from the debtor they MUST stop immediately.

[fletch70]

Hi Sara

I would be interested to see that forum/letter because I know that solicitors are claiming in court that the limitations starts from the date of default which IMO is too late .

 

The thing is, even looking at it sensibly, there has to be a cause of action for the clock to start and without at least a missed payment there is no cause of action. Hence the very very minimum would be the date of the first missed payment but as i said this is still being argued about.

 

there was a case relatively recently on a S79 agreement when the cause of action was a long time after the missed payment and wasn't until the hirer had accepted the breach . That case was BMW v Hart and set case law for that sort of agreement which does blow your idea out of the water a bit.

 

I was basing my other opinion on your statement that said the letter said they would issue a claim if you did not reply

As it stands, it does not seem to make sense , a letter entitled potential legal action that goes on to say they will issue a claim

 

But if you are happy ealing with it that way, who am I to argue - just do not be surprised if you get a claim sometime soon

[dx100uk]

hart was HP agreements

this is a credit card

totally different

 

 

can we atleast name the DCA sara

then i'll post up a copy of the template letter you got

dx

Edited April 19, 2016 by honeybee13
Initials removed.

[maggie60]

Noooo we can't DX

 

 

That's not to say I don't appreciate your excellent advice.

 

 

Now I need to find this article for Fletch and this pc isn't saving my history,

[fletch70]

No **** sherlock!

 

I did say it was for that type of agreement

 

BUT

 

Sara didn't specify what type of agreement this alleged letter to DCA's was referring to

Edited April 19, 2016 by honeybee13
Initals removed plus argumentative sentence.

[dx100uk]

post 1 says card.

 

dx

[fletch70]

Dx

Please read

 

Sara says that she has been told that a letter was sent to all DCA's stating that SB clock begins on the date of the last payment, this is the point where she didn't say what sort of account the letter referred to.

 

BTW it is no one's turn, I have no idea what you are rambling on about

[honeybee13]

Hello Sara.

 

I've just removed something that you seem to have copied and pasted from another website.

 

HB

[maggie60]

Fletch, I just tried posting the article but it's gone walkabouts. Not sure if it contains blocked content.

 

 

I will try again and if it fails I will post the link.

[honeybee13]

Sara, I think that could be the one I removed, see post #38.

 

Please don't post it again.

 

HB

[maggie60]

Sorry Honeybee, I didn't see your post until I had reposted it. I guess you are going to remove it again. I thought it was because it mentioned Legal Seagulls - is it ok to send fletch a link as he was keen to see it?

[honeybee13]

Sorry, Sara. AFAIK, we don't want to quote that site.

 

Please don't post it.

 

HB

[maggie60]

No problem. Can I paste the relevant part of the body text or does that cause a problem? Anything quoted can, I assume, be verified with the CSA.

 

 

That said, I am sure Fletch can find it he wants to googling "DCAs Statute barred Regal Seagulls"

[honeybee13]

No problem. Can I paste the relevant part of the body text or does that cause a problem? Anything quoted can, I assume, be verified with the CSA.

 

Sara, you can quote up to 15% of a CSA article or similar, if that helps. And you can post a link to the CSA.

 

HB

Edited April 19, 2016 by honeybee13
Clarity.

[dx100uk]

it worthy to note

the csa is a debt collectors 'association'

never believe anything they state.

 

 

but for want of clarity

after 6yrs [sB'd] they can still ASK for payment [in England & wales]

you can equeally 'ask' them to go away

they cant threaten or enforce court action

so they don't bother.

 

 

chin up

don't get spoofed.

 

 

dx

[maggie60]

Thanks Honeybee, luckily it's 85% dross, so will take the 15%. As article is not from the CSA site but a competitor site, can't really do the link,

 

Quote from the CSA:

 

The OFT have confirmed that the wording of this part of the CCP is inaccurate. The wording will be updated when the CCP as a whole is revised and we will be updated on timings in due course

 

Under the Limitation Act 1980, which applies to England and Wales, a debt is considered to be statute barred when no payments have been made against it or where it has not been acknowledged* for six years.

Edited April 19, 2016 by honeybee13
Possible pejorative remark removed.

[fkofilee]

Can we actually have some clarification.

 

Who is the DCA?

When was the default listed?

When was the final payment made?

Also have a read of the attached... But do NOT take this verbatim as the ICO loosened their thoughts on the matter.

 

http://www.scoronline.co.uk/sites/default/files/high_level_prinicples_document_final.pdf

[maggie60]

As I have said, I am not prepared to disclose the DCA.

Last payment - mid-Aug. 2010

Default date on credit file - mid-Jan. 2011

[fkofilee]

Please remember that any legal claim that is put forward will stop the SB clock.

You will then have to deal with the claim.

 

who was the OC?

[maggie60]

As I have read in several articles the SB time starts when the last payment was made and a judgement can only be obtained if it is made within six years of that date.

 

 

It makes more sense that the clock stops when the summons is first taken out - is that the case or when judgement is granted?