**WON** county court statute barred debt

[nemesis45]

Re: county court statute barred debt

The start of a " relevant 6 year period will depend on the type of account, since case law has made this a rather grey area the debt purchase industry relies upon the date an account was defaulted.

nem

[andy52]

Re: county court statute barred debt

i said that to her but she said where credit cards unsecured loans are concerned the default date starts from the first non payment,the reason she gave was there was a spate of companies delaying the default date when we were in recession so people thinking the debt was statute barred it was not as companies were waiting in some cases up to a year,so the law on when a debt starts was changed apparantly to make clarification easier for creditors debtors and the county courts,she also said she has had many battles against dca and there solicitors on this and has won on numerous accounts for quite a lot of people who have use her advice in the cab,she said the only ones who have lost have been those who acknowledged the debt or made some sort of payment resetting the clock on the 6 year period,she did say things like overdrafts are not allowed to be statute barred not that i was bothered about that bit.....but i am only going off what she told me...i couldn,t see her being wrong otherwise that would be bad advise for anyone....

[andy52]

Re: county court statute barred debt

ive attached the copies of what the cab women sent to rectums and what she was saying to me about staute barred it,s section 5 time limits and is continued on the next sheet which outlines time periods for different debts might be useful for other people....

[andy52]

Re: county court statute barred debt

well not surprised had a letter back from scrotums i mean restons,after the CAB woman sent the paperwork of to them about wanting me to prove the debt is statute barred which i know it is now the last payment made to capital one was in october 2009,as my bank account at that time went into default in december 2009 due to bad personal time,my new account was opened with a different bank at beginning nov 2009 to have my benefit at that time paid in....pleased that bit is on my credit file.
but my main question is does anyone know of any sort of template letter i can send to these idiots to explain the burdon of proof lies with them and the idiots at cabot and not me many thanks

[andy52]

Re: county court statute barred debt

i found this of another site...does anyone know if it would be suitable to use....

Your full address

The Address of the Creditor/DCA

By Recorded Delivery

Date

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

Dear Sir/Madam

Acc/Ref No xxxxxxxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

I/We* would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide STRICT proof and evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

For the avoidance of doubt STRICT proof should include how any allegedly payment was made, from what bank account it was allegedly made form, name of person who allegedly made this deposit. If you are not able to provide this information I will require a written explanation, and please be aware that I will require you to provide this proof in any court should you attempt legal action. In this matter I refer you to Halsbury's Laws of England/Civil Procedure (Volume 11 (2009) 5th Edition Paras 1 - 1108; Volume 12 (2009) 5th Edition Paras 1109 - 1836)/20. "Evidence/(6) Documentary Evidence and Real Evidence/(i) Proof of Execution of Documents/A. Modern Documents/867. Strict Proof

You are also reminded of the FCA Consumer Credit Source book (CONC) rules which you are legally obliged to adhere to, and further I am fully aware that compliance with the rules is a condition of your FCA Licence:

Rule 7.15.4 "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period."

Rule 7.15.7 "It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired."

Rule 7.15.8 "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

Should you choose to ignore the above, or attempt to circumvent the rules I will uses this as a defence, and further I will draw this breach to the attention of the FCA Compliance Team

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully



Mr A N Other

[nemesis45]

Re: county court statute barred debt

i said that to her but she said where credit cards unsecured loans are concerned the default date starts from the first non payment,the reason she gave was there was a spate of companies delaying the default date when we were in recession so people thinking the debt was statute barred it was not as companies were waiting in some cases up to a year,so the law on when a debt starts was changed apparantly to make clarification easier for creditors debtors and the county courts,she also said she has had many battles against dca and there solicitors on this and has won on numerous accounts for quite a lot of people who have use her advice in the cab,she said the only ones who have lost have been those who acknowledged the debt or made some sort of payment resetting the clock on the 6 year period,she did say things like overdrafts are not allowed to be statute barred not that i was bothered about that bit.....but i am only going off what she told me...i couldn,t see her being wrong otherwise that would be bad advise for anyone....

I don't CAB has this right at all, imo the relevant six year period would start when the creditor demand repayment of all outstanding monies immediately and in full ( Formal Demand For Payment and/ or Final Demand.

nem

[andy52]

Re: county court statute barred debt

well i have my doubts after first reading up on different sites about statute barred debt with things like credit cards,ie martin lewis site states the period starts when first payment is missed other sites state it,s when the creditor issues a default notice....but yet i cannot find anything that is written in black or white and law that clarifies either..which i think causes the confusion....
i am going to post of the above i posted to Restons and see what happens as i seem to be getting mixed advise from all over the place i know it,s up to the creditor to prove the debt is not statute barred i just didn,t want to send the wrong thing and end up resetting the clock,i have enough problems without this at the moment.............

[nemesis45]

Re: county court statute barred debt

well i have my doubts after first reading up on different sites about statute barred debt with things like credit cards,ie martin lewis site states the period starts when first payment is missed other sites state it,s when the creditor issues a default notice....but yet i cannot find anything that is written in black or white and law that clarifies either..which i think causes the confusion....
i am going to post of the above i posted to Restons and see what happens as i seem to be getting mixed advise from all over the place i know it,s up to the creditor to prove the debt is not statute barred i just didn,t want to send the wrong thing and end up resetting the clock,i have enough problems without this at the moment.............

Case law has caused different views e.g. Appeal Court Judgment in BMW Finance Ltd - v - Hart.

It has for practical purposes meant that every claim that a debt is statute will have to be put before a court if the creditor ( claimant) disputes the status of a debt.

The terms of the original agreement (s) will also have some impact.

nem

[andy52]

Re: county court statute barred debt

SUCCESS today i received the 2 following attachments,after i sent them the one in my 3rd off last post....

[nemesis45]

Re: county court statute barred debt

SUCCESS today i received the 2 following attachments,after i sent them the one in my 3rd off last post....

Good evening Andy.

That's that the all done/finished never to appear again.

Well done!!

nem.
[MENTION=49370]Kati[/MENTION] could you mark this thread as won please.

nem

[andy52]

Re: county court statute barred debt

i am pleased as i expected it to be a long drawn out battle,but i am shocked after sending only 2 letters to them..:tinysmile_twink_t2:

[nemesis45]

Re: county court statute barred debt

i am pleased as i expected it to be a long drawn out battle,but i am shocked after sending only 2 letters to them..:tinysmile_twink_t2:

Hi Andy,

If you stand up to them and know the ins and outs of the Limitation Act 1980 and CCA '74 you can beat them!!

nem

[Sarah1983]

Re: **WON** county court statute barred debt

Hi Andy, well done on winning your case wondering if you can share with me the letters you wrote. I'm going through similar with HPHL, today I went to court to get the ccj set aside as they sent paper work to very old address even though they new my current address and the debt is barred. The judge set the ccj aside based on the fact ccj was got by default but have agreed to allow them to reaply for a ccj against me at my current address the judge told me when they do reaply I have to file my defence based on it being a barred debt I just don't no where to start or how to get proof and if I can get some sort of help was thinking of sending a letter about the debt being barred to the company and asking them to prove its not so hopefully they don't begin the process all over again just not sure how to word a letter.
Thanks Sarah

[andy52]

Re: **WON** county court statute barred debt

hi sarah the last letter i sent to them was this one....which the solicitors recognised and stopped pursuing me,you need to put all of your own details in address their address case no,s etc read it a few times when you have altered it to suit and keep a copy,also send it recorded and print proof of delivery off....

Your full address

The Address of the Creditor/DCA

By Recorded Delivery

Date

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

Dear Sir/Madam

Acc/Ref No xxxxxxxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

I/We* would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide STRICT proof and evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

For the avoidance of doubt STRICT proof should include how any allegedly payment was made, from what bank account it was allegedly made form, name of person who allegedly made this deposit. If you are not able to provide this information I will require a written explanation, and please be aware that I will require you to provide this proof in any court should you attempt legal action. In this matter I refer you to Halsbury's Laws of England/Civil Procedure (Volume 11 (2009) 5th Edition Paras 1 - 1108; Volume 12 (2009) 5th Edition Paras 1109 - 1836)/20. "Evidence/(6) Documentary Evidence and Real Evidence/(i) Proof of Execution of Documents/A. Modern Documents/867. Strict Proof

You are also reminded of the FCA Consumer Credit Source book (CONC) rules which you are legally obliged to adhere to, and further I am fully aware that compliance with the rules is a condition of your FCA Licence:

Rule 7.15.4 "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period."

Rule 7.15.7 "It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired."

Rule 7.15.8 "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

Should you choose to ignore the above, or attempt to circumvent the rules I will uses this as a defence, and further I will draw this breach to the attention of the FCA Compliance Team

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully



Mr A N Other

[Sarah1983]

Re: **WON** county court statute barred debt

Thank you Andy I will give it a go