1st credit RE:lloyds card debt say its not SB's as thats from DN date!!

[tortilla]

So why would they want me to send stuff to Southend?

[Michael Browne]

So why would they want me to send stuff to Southend?

I couldn't possibly comment:D

[tortilla]

Hi everyone, I hope all are well?

 

I recently responded to a letter from 1st Credit regarding a very old debt of mine.

 

I told them by way of a letter from the library that the debt was now statute barred,

and that I had no intention (or ability) to repay.

 

They replied to me as follows:

 

I would apreciate some comments and suggestions.

Thank you

Regards

[gregs07]

Fishing. The account will prob be SB'd as you state as it goes on the last payment or acknowledgement of the account not the default date. Default date will be a few months after 1st payment missed. In any event you've only got to wait 3 weeks and it's SB'd in their own eyes

[BankFodder]

There is some debate over this but my view is that they are completely wrong.

 

If you that I take is that the six years runs from the date of an actionable breach – meaning from the date that a payment was due and it was not paid. This effectively put you in breach of contract and created a right of action at that moment.

 

A default notice has no legal significance and it is issued because the account is already in arrears and you are already in breach.

 

I suggest that you write to 1st credit on that basis and tell them that if they want to try their argument and they should issue court papers and you will be happy to explain your position to a judge.

 

What's the value of the debt?

[BankFodder]

Fishing. The account will prob be SB'd as you state as it goes on the last payment or acknowledgement of the account not the default date. Default date will be a few months after 1st payment missed. In any event you've only got to wait 3 weeks and it's SB'd in their own eyes

sorry, but this cannot possibly be correct. The last successful payment is not an event which put the account in arrears and amounted to a breach of contract. If six years does not run from the date of the default – and I believe it is not, then it runs from the date of the first missed payment

[tortilla]

Thanks for the prompt replies, the value was about £4000.

[richard_se11]

There is the question as to what sort of debt it was. If it was for an overdraft, S6 probably applies and the date of accrual would be the date on which the demand was made, i.e.the February date.

[tortilla]

It was a credit card.

Is there any mileage in just ignoring ?

[Pinkjellybaby]

has the agreement been terminated or is it still an live card?

[gregs07]

Forgive me. That's precisely what i said.

[Sidewinder]

Who was the original creditor?

[tortilla]

The original lender was Lloyds.

Yes the account was terminated some years ago.

No it is not a live card.

[ericsbrother]

you could always send 1st crud a cca request. that will keep them busy for the next fortnight at least and then it will be all too late for them anyway.

[Guest]

If you that I take is that the six years runs from the date of an actionable breach – meaning from the date that a payment was due and it was not paid. This effectively put you in breach of contract and created a right of action at that moment.

 

A default notice has no legal significance and it is issued because the account is already in arrears and you are already in breach.

 

?

my view too.

a dn (if applicable) can only exist re a breach (the dn has to state the breach concerned), giving a debtor the oppo to rectify the breach. if they dont, then the breach subsists/continues and it (the breach) is what any subsequent legal claim is based on (the dn (if applicable) is just a required administrative step prior to issuing a claim re the breach complained of in it ie 'failed to make payments' or the like. there is case law on that.)

[brassnecked]

When was the card taken out, if pre 2007 they might have difficulty doing court.

[tortilla]

Hi thanks for your interest, the card was taken out 2008.

Regards

[dx100uk]

the fact that the card was post apr 2007 has no bearing on anything.

 

1st crapit can state what they like

but on a credit card debt, no matter what paperwork they hold

the debt is statute barred from the date of the last payment.

 

trying to fleece you me thinks.

and sadly they know it...

 

dx

[tortilla]

Thanks everyone.

Is there any chance of me re-setting the 6 year clock by, for instance making a request for a CCA?

[AndyOrch]

Thanks everyone.

Is there any chance of me re-setting the 6 year clock by, for instance making a request for a CCA?

 

No

[dx100uk]

But I wouldnt

[AndyOrch]

But I wouldnt

 

Why ?

[dx100uk]

cant see the point of a CCA request

 

the debt must now be sb'd even by 1st crapit silly rules

 

so what paperwork they hold is immaterial?

[AndyOrch]

But if a district judge agrees its not...then you have the CCA none compliance to fall back on?

[dx100uk]

haven't they gotta issue a claimform first......

 

and unless they do that rather quick they're stuffed....

 

and the OP's not had any letters from the moonies yet anyway regard PAP

 

so they cant just rush it through else the beevers would be ignoring pre action protocols

 

ok the op fell for the threat-o-gram and responded...

so p'haps a cca request for £1 wont hurt