When does the Statute Barred clock start ticking?

[fkofilee]

Its normally defined as the cause of action + a few months Regardless of default.

[maggie60]

Thanks UncleBulgaria, I have taken a pdf of the latest report, but not the first one, clearly showing the default date as two months from the last payment.

 

 

Does the history feature allow you to search debts in the process of transfer, i.e. not showing?

[maggie60]

They can't amend the date. They will know the default date, as it will be given to them. If they change the date, that is against the data protection act, as well as possibly breaking other laws.

 

Just looked at my husband's CR with Equifax and he has a listing for a bank showing the default date and a £0 balance - open the entry and you can see the original amount. The same debt is entered by a DCA for the same amount as the bank's original sum and they have added 25 days on to the default date.

[unclebulgaria67]

They can't change the default dates, as they are what the original creditors had noted on their records and the default notice.

 

If they are being changed by new debt owners, the CRA would have to correct. But the CRA may tell you they simply hold the data and it is up to you to contact the debt owners. If they say this, remind them that they are responsible under the Data Protection Act for the data they hold records for. The CRA should challenge the default date with the debt owner and correct it.

 

Does not matter if you can't view history record, as the CRA should have a complete record. It might be that under a free trial you don't have access to all features.

[maggie60]

May thanks, in my husband's case we won't prod them until it actually expires in a few months.

[renegadeimp]

It varies depending on type of loan or agreement. For cc's though it's normally 6 years after last payment and written acknowledgement. So in ops case, it's may 2017

[Old Cogger]

usually 1 month after last payment/ but understand motion to get definitive answer though sources but taking ages as these things do, they need time to circumnavigate around an actual response = Government Un Civil Servants. Yes Prime Minister comes to mind as more truth than not!

[dx100uk]

there is NO LINK

between statute barred date and defaulted date

the two are totally unrelated.

 

 

sb on a credit card runs from the last payment or written and signed ack by the debtor.

plus 1 month to be safe.

[Guest]

May thanks, in my husband's case we won't prod them until it actually expires in a few months.

thats what i was alluding to. when checking cra files, it will prob nudge the creditor. ie it may wake any that are sleeping, esp those close to a poss bar

[ericsbrother]

Nah, when you check your files it doesnt leave a footprint that anyone else can see. Sometime these bandit dca's make multiple access requests to make it look to lenders or insurers considering you as a customer that there is something unseen and that panics the other watchers. Dont forget, every time they have a peep at you file it leaves a timestamp and they have to have a purpose or you can get it stopped and they will have to use a password of your choosing to access the file..

[Guest]

ok. cheers. wasnt sure. having read posts suggesting otherwise.

also, in one, when one later creditor got assigned and sent a letter. another creditors letter also arrived at around the same time, that had been asleep for quite awhile.

maybe when one looked in they saw the others and they (the dca) contacted the other dca about it. do they do that?

[maggie60]

Thanks EB,like Ford I thought personal searches awoke sleeping dogs and the amount I have done during the free trial would wake the dead.

[maggie60]

So, just to clarify, a summons could be taken out long after the default on file disappeared, but not once it is SB?

[dx100uk]

a claim can be issued long after SB date

esp if the owner files to last known address

if they have not been informed of the correct address

 

 

they hope for a non contested default rubberstamped judgement

where nothing is checked

 

 

which is why it is SO important to inform whomever

owns the debt of your correct address.

 

 

just also remember that in England & wales

even if a debt is SB'd

the owner can ask for payment

and you can ask them to go away

but they cant threaten court.

 

 

who is shown as the owner on his credit file?

if its the OC

then they rarely do court

[martin2006]

No they are "soft searches" which dont leave a footprint.

"Hard searches" do however leave a footprint which can be seen by dca's and potential lenders

[maggie60]

Under these two sections of the Consumer Credit Act, it is your right to request a copy of the executed credit agreement from the creditor, along with specific and current information concerning the debt (s 77 relates to fixed-sum loan agreements, s 78 refers to running-account credit (credit cards) and s 79 to hire agreements).

With regard to loans, the specific information must include:

 

• The total sum to be paid, as per the agreement
  
• The sum still outstanding and the due dates for each installment
  
• The total sum payable, if different from the agreement.
  

The creditor has a period of 12 days working days in order to provide the agreement and the statement. If they cannot provide the information, the debt cannot be enforced until they do. If the creditor are still unable to provide the documents after one month, they commit a criminal offence.

 

1. If I do not receive a reply with 12 working days does the debt become unenforceable, or can they seek for further time, and, if so, what is deemed a reasonable time?
   
2. If they do not request an extension and I get the CCA months later, does it become enforceable again?
   
3. Should debtors write to the creditor after the 12 day period to say their time has expired?
   
4. Do most DCAs have a copy of the CCA? If not, why would anyone be dumb enough to buy a debt without a copy of the CCA?
   
5. Has any DCA ever faced criminal charges for failure to comply?
   

 

Thanks,

 

Sara

[unclebulgaria67]

Some of that is out of date. No longer criminal offence,

 

Does not matter if the CCA req is not dealt within the timescale. But if they want to enforce the debt they need to satisfy your CCA req. You don't write to them to remind them a CCA is outstanding. If they issued a court claim with a CCA req outstanding, you mention this in your defence and it should stop a CCJ if they cannot provide CCA.

 

DCA's often have difficulty providing CCA's because the Banks don't help them very much. Once the debt is sold, Banks are reluctant to spend time and money retrieving documents.

[dx100uk]

sara just use the std CCA request

READ THE WHOLE THREAD TOO

[maggie60]

Thank you both.

 

 

dx - I have already sent the CCA request 12 working days ago this Wednesday.

[Bazooka Boo]

Until they supply the CCA then there is nothing they can do.

 

Just sit on your hands, DON'T let them know that they have failed to supply the CCA, they know the rules, they just hope you don't.

 

What is the debt?

 

How much?

 

When did you last pay anything toward it?

[dx100uk]

12+2 working days is the limit

But even if they fail

You do nothing more

Other than stop paying if you are. Anything

[Guest]

 

 

dx - I have already sent the CCA request 12 working days ago this Wednesday.

 

hopefully you didnt give them a nudge, if bar on it is close.

[lookinforinfo]

Although there is no longer criminal charges for non compliance of CCA requests companies should note that the FCA can take action under the Enterprise Act 2002.

 

If they do produce the required information even though it may be weeks or months later, the debt then becomes enforceable again in Court.

Creditors also have to provide the T&Cs at the time the contract came into force, the current T&Cs as well as any documents mentioned in the T&Cs. It is a moot point how much documentation has to be provided before the request is considered satisfied and the debt becomes enforceable.

I am unaware if any creditor has been sanctioned by any of the bodies who have been in control of the workings of the Consumer Credit Act since 1974.

[maggie60]

Thanks for the info. Debt is a credit card one for around 6k and won't become statute barred for five months, based on last payment + 73 months.

[martin2006]

So what prompted you to send a CCA request in the first place?

Have you had a claimform?

Is this a debt that is being chased by a dca?

It would help if there were more details like CC provider, has it been sold on or is it still with OC?

If you are certain about that the last payment then its a case of keeping quiet now until you are absolutely certain that it has become SB'd.