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Statute Barred - When

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  • Statute Barred - When

    Does statute barred start from last payment or default, i have a 2 debts that are in between these two dates. Both of these a credit card and a personal loan that i stooped paying 6 months before a default was placed on my account.

    If it goes to court can I place this as a default, statute barred.

    What timescales should i work on for statute barred stop paying or default?

    Tags: None

  • #2
    Re: Statute Barred - When

    Hi & welcome to LB

    It's highly unlikely that the accrual date for the cause of action would be from the date of the last payment.

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick


    • #3
      Re: Statute Barred - When

      Would it be from the last payment + x months or from the default notice. Its been around 2months after last payment but 4 months before default. Another has nearly gone into month 1 of missed payment and 7 month before default both for pretty large amounts 10k+.

      My concern is that i have recd court papers for an o/d which is being dealt with in another thread. its the same company i owe one of these debts to and i fear they will take me to court for these now. Not made any contact with them for 6 years.


      • #4
        Re: Statute Barred - When

        Are they writing to you about these debts?

        If so , have you sent CCA requests? This may be a way of slowing them down but if they are not actually chasing i would leave well alone
        Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
        I have no formal legal training
        Any advice is offered without liability
        If in doubt take professional legal advice or contact the CAB


        • #5
          Re: Statute Barred - When

          | CCA Request if needed


          • #6
            Re: Statute Barred - When

            They have started sending letters, but standard letters stating I can make repayments etc... i just dont want to get a letter from the courts turn up randomly at my door, like the one ive just received about my overdraft, however the overdraft did goto Restons about a month before court action just didnt take any notice (Biding time).

            Since this court letter for my other bill, which im happy to deal with aslong as its the only 1 any other would probably cause me a massive amount of stress.

            Im going to wait it out for a bit, but was wondering if I was to open dialogue if i could delay it for a few months, or would they take notice and goto court (Bit of a gamble either way I suppose)

            But to ease my mind, I was just checking if anyone knew about the Statute Barred issue, when it starts from... theyre has been a lot of confusing info everywhere about it. There is missing payment, missing payment + 1(2) months or default notice. I know there was a case going through to resolve this confusion, however I cannot find any information on the outcome etc... I believe O/D dont become statute barred, may be wrong just something I read, whereas Credit Card and a Personal Loan do, just dont know when it starts???

            Any help would be appreciate.



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