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Ian Maskell

Statute Barred if No Default date?

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Hi all

 

I hope this is an ok question to ask and I am in the right section?

 

I took out a loan with Ferratum in March 2014.

I have made no payments on the loan (sorry in a bad place for a while) or any responded to them since.

 

I did try to make a complaint in 2016 but at no point did I acknowledge the debt.

I got regular emails from OPOS trying to get payment but also did not respond.

 

The loan is still on my credit file despite being over 6 years old but Ferratum never issued a default on the loan.

As such does this mean it will never be statute barred?

 

Many thanks

 

Ian

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Hi Ian.

 

First thing, if you were given the money and did not give it back, you acknowledged the loan.

 

You firstly have to understand that a notice of default on your file is not the same as a default notice, which, 14 days after delivery,  gives the creditor to pursue the debt in court.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thanks Peterbard

 

Yes I appreciate I acknowledged the loan initially.

However that was over 6 years ago.

 

No notice of default or default notice has been issued, nor does it state that on my credit file, just late payment.

 

With the change to how statute barring is treated with regard to a default is why I don't understand how I currently stand.

That is what I am looking for clarification on.

 

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opos shown as the owner on your file now?

 

send them our statute barred letter and tell them to remove the entry on all CRA file providers too.

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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yes indeed I have a thread on here with the case n it, cant find it just now.

Well, they would not put a D on your file straight away, they would have to considers that your fiscal relationship in this matter had broken down, usually a few missed payments. 

 

They may not have issued a DN either, but i think it likely they did.

 

The law regarding the beginning    of  the SB period says, the creditor must be able to enforce for six years.

Due to section 88 of the act there can be no termination or enforcement under default until  a DN has been issued and not remedied for fourteen days.,


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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16 hours ago, dx100uk said:

opos shown as the owner on your file now?

 

send them our statute barred letter and tell them to remove the entry on all CRA file providers too.

 

 

No it is still listed under Ferratum. They definitely haven't issued a default on the loan. They first passed collection activity on to an external party (Ardent Credit Services Ltd) 14 days after the first missed payment. Could I use this as the date to start the clock on the Statute barring?

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if you've not paid in 6yrs

send them our statute barred letter and tell them to remove the entry on all CRA file providers too.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Posted (edited)

If you are talking about it being on your file, then it is the CRA first. Then when they get back to you, the creditor.

Sort of, " my debt is over 6 years old and has been on my record all that time, this is contrary to Data Protection rules".

 

If you suspect that an agreement is SB, you should always make a claim to the creditor saying so. "just a little detail , not to much. "I have had no contact, and the debt was closed over six years ago."

 

When the creditor threatens an action to recover money, the burden of proof falls on the debtor to show that he is not SB.

However once you replay and state you are SB, if becomes incumbent on the creditor to show the debt is not SB.

Edited by Peterbard

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thanks for all the help. I'll see how I get on.

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