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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?

    Cheers
    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.
    CAVEAT LECTOR

    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

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    • #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.

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      • #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

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        • #5
          Re: Statute Barred - When

          | CCA Request if needed

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          • #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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