Statute barred tech help urgent !!!!

[labby1]

I have defended a statute barred credit card debt. No acknowledgement by me or payments for 6 years. The claim was issued two months 2 late. The case was stayed. The credit card company was owned by the bank I had my account with.

The claimant has produced all previous credit statements and a payment into my account has been made in 2009 therefore making it not statute barred and they are now proceeding and applying to have the stay lifted.

Facts:

The payment was transfered from my current account to the credit card without my knowledge. Obviously I accept the t & c's state they can do this, however on the day I realised what had happened I went into the bank and they reversed the transaction..

The claimant believes this is a bounced payment from and don't appear to know the facts.

I am sure they will be telephone records etc confirming my calls to the bank and visits.

1. did I make a payment
2. Will the fact that the owing bank reversed the payment make any difference.

I have spent days trying to find an answer and cannot see any provision for this in the act or any law books.So, did I make a payment

[Nibbler]

Re: Statute barred tech help urgent !!!!

Saw your thread elsewhere (I presume).

I would say not, but I would not be surprised if they tried to rely on something like the principle quoted from Halsbury

A part payment may be sufficient if it is made by the creditor to himself by agreement with the debtor, out of the debtor's funds in the creditor's hands.

I would be surprised if they could make that stick if they did try that, especially if this payment was reversed as invalid or in error and you can show why.

[labby1]

Re: Statute barred tech help urgent !!!!

so do you think I should pursue it,

Interesting that they returned the payment!!!

I was hoping to quote some case law to impress his judgeness!!

[Nibbler]

Re: Statute barred tech help urgent !!!!

There may be others who have access to case law databases that would help. Any that I have do not, as far as I can see.

Seems they are not even aware of the full facts at the moment, so it's possible they could change their assertions or basis of refuting the SB claim if and when they are. They might decide to drop it. At the moment though they are basing their response on a false understanding of the facts.

[labby1]

Re: Statute barred tech help urgent !!!!

thanks!!!

[nemesis45]

Re: Statute barred tech help urgent !!!!

I suspect that the payment although bounced will amount to admission of liability IF it was contractually due.
How much was transferred?

I think you will have to try defending on the fact you did not make the payment, but the spanner in the works is the T's & C's of the CC on offsetting from current accounts

nem.

[labby1]

Re: Statute barred tech help urgent !!!!

£1500, no payment prior or after

[Nibbler]

Re: Statute barred tech help urgent !!!!

I suspect that the payment although bounced will amount to admission of liability IF it was contractually due.

Yes, that is what I imagine they would seek to rely on.

[Nibbler]

Re: Statute barred tech help urgent !!!!

To be clear, this was them applying their contractual right of set off between accounts?

Which you successfully got reversed? If, so, on what grounds did they agree to the reversal? And what can you prove regarding that?

[labby1]

Re: Statute barred tech help urgent !!!!

The money taken from my account was for mortgage payment. There was no issue when I was at the bank branch of it being reversed. They even apologised. The process took about 10 minutes although they made several phone calls first to someone

[Nibbler]

Re: Statute barred tech help urgent !!!!

The money taken from my account was for mortgage payment.

You said earlier that:

The payment was transfered from my current account to the credit card

So not sure now what sort of debt we are talking about, or if there were two different payments, or something else?

[Nibbler]

Re: Statute barred tech help urgent !!!!

Ah, maybe I misread that.

The money taken was paid to the credit card, but you got it reversed as it it was there in the current account to pay your mortgage?

So reversed on those ground etc under BOBS/FCA rules etc, as otherwise you would have been unable to meet essential commitments such as the mortgage.

[nemesis45]

Re: Statute barred tech help urgent !!!!

Ok, the bank took money intended to pay your mortgage and paid it to the CC?
Is your mortgage with the same bank?

[labby1]

Re: Statute barred tech help urgent !!!!

If, so, on what grounds did they agree to the reversal?

To clarify... I obtained the reversal as the payment taken from my current account and sent to the credit card debt was for my mortgage payment. The mortgage was not with either of these 2 companies. But I insisted that I needed to pay my mortgage.

[Nibbler]

Re: Statute barred tech help urgent !!!!

If, so, on what grounds did they agree to the reversal?

To clarify... I obtained the reversal as the payment taken from my current account and sent to the credit card debt was for my mortgage payment. The mortgage was not with either of these 2 companies. But I insisted that I needed to pay my mortgage.

Yes, to treat you "fairly" they would be obliged to return the money.

EDIT: Don't think BCOBS part on set off was in force, but the principle applies even if not in regulations.