SARS agreements etc

[Pippincat]

Re: Catty

Sorry didn't word that right it's 7 years from last missed payment and 7 years no acknowledgment I thought that counted as the limitation not cos they have slammed a default on 3 years later after missed payment that can't be right to start limitation

[charitynjw]

Re: Catty

Will the late default which looks as thou it's 3 years count as the limitation start I thought it was from missed payment date which was 7 years ago and no acknowledgment in writing do r 7 years

It's not quite as clearcut as that (ie from last missed payment) but if 7 years unacknowledged, & you have definite proof of that, you should be safe.

[Diana M]

Re: Catty

The Information Commissioners Office hold that defaults should be placed timely and usually within 6 month of the cause of action i.e. the cessation of payments.

The ICO guidance is simply that - guidance.

There is no statutory obligation for a creditor to issue a DN or register the date the account was eventually defaulted (which will be different from th DN Issue Date) on a CRA file.

Cessation of payments is not the Cause of Action if the DN was issued afterwards.

Di

[Pippincat]

Re: Catty

When and if I get the agreement and statements etc is that proof for me thanks

[Joanna C]

Re: Catty

Statute-barred via s5 Limitation Act certainly won't be 6 years from date of the last payment.
If the payment has been made, at that point the account is paid up to date.
It follows, then, that the account is not in arrears until after the first missed payment.
Exactly how long after before the cause of action actually accrues?
I know it depends on the type of debt (ie BMW v Hart) but even for an agreement regulated by the Consumer Credit Act, I don't personally know of definitive case law to pinpoint this (& I have been keeping a weather eye open for about 5 years now)
http://www.legalbeagles.info/forums/...of-limitations (Lol! Love that...Statue! )

The s87 CCA Default Notice is a good indicator.
As is the termination date.

"Interest reipublicae ut sit finis litium, is a favourite and universal maxim. The public have a great interest, in having a known limit fixed by law to litigation, for the quiet of the community, and that there may be a certain fixed period, after which the possessor may know that his title and right cannot be called into question."
Cholmonderley v Clinton (1820) 2 Jac & W 139, 37 ER 527, 577.
http://www.oxfordreference.com/view/...5369380-e-1039

@Diana M & @nemesis45, or anyone else..................any views or better info on this?

It depends on the default/termination terms in the agreements T's & C's in any particular case. For example MBNA's standard T's & C's say they can terminate on the first missed payment. Another lenders T's & C's may say the agreement can only be terminated after service of the statutory notices (i,e Default Notices).

In this case the DN appears to have been issued approx 3 years later. ICO rules say that a lender should normally enter a default at the CRA within 3 months and no later than 6 months

As Di suggested at Post 10 above it would be useful to send a SAR request to the original creditor as that should show when the DN was issued (or not),

We have known debt purchasers enter a later debt for the DN at the CRA's than was the case so it is always good to check,,

[Pippincat]

Re: Catty

Thanks Di it looks as thou they have placed a default on my credit file 3 years after missed payment which is ridiculous if u say it should be within 6 months surely they cannot start the limitation from the default

[Diana M]

Re: Catty

Thanks Di it looks as thou they have placed a default on my credit file 3 years after missed payment which is ridiculous if u say it should be within 6 months surely they cannot start the limitation from the default

See Jo's post # 35 which followed mine for a fuller explanation.

I know you're desperate to be told the debt is SB but we regularly see cases where the Defendant is convinced that the debt is SB but then along comes a curved ball which they've forgotten about.

You're relying on information from third parties (your CRA file and what the Claimant tells you). You need to do your own research which is why I said to send a SAR to the original creditor.

You also need to run a two horse race so if it's not SB then you can fall back on another legal argument which is why I've said send a formal valid CCA Request asap.

This claim has reached the DQ stage so you need to get on with things.

Claims don't just go away, you have to make them go away.

Di

[Pippincat]

Re: Catty

Funny thing is iv been on my credit file and it's showing a default on callcredit as march 2012 and on equinox it's may 2012 surely they should all match not all different months

[Diana M]

Re: Catty

Funny thing is iv been on my credit file and it's showing a default on callcredit as march 2012 and on equinox it's may 2012 surely they should all match not all different months

That's why I keep saying you should send a SAR to the OC to establish the true situation.

I can't say it often enough

Di

[Pippincat]

Re: Catty

Hi iv sent for agreement statements all documents to shop direct and also lowells not received yet should all those defaults on credit report match same date

[Pippincat]

Re: Catty

When I get them will they have dates on the statements of default etc so I can see exactly when it occurred to give me the proof

[Diana M]

Re: Catty

When I get them will they have dates on the statements of default etc so I can see exactly when it occurred to give me the proof

With any luck your SAR to the OC will include the Transaction Log which should detail (albeit sometimes with codes which need interpretation) every single event on your account.

If a DN was sent then that should be on the Transaction Log.

If it's not on the Transaction Log then that begs the question was a DN actually served. That's a question the Claimant has to prove not you disprove unless they produce a 'questionable' recon of a DN.

Di

[Pippincat]

Re: Catty

Sorry I'm not to up on this legal stuff what do you mean a questionable recon of a a DN should all the default be same date on credit file as I can't make out why they are different

[Pippincat]

Re: Catty

Also is it right you get 1 default for a debt as on one credit report I have 3 for the same debt and on another credit report it shows 1 very confused by all of this

[Pippincat]

Re: Catty

Hi again is it ok to do recorded delivery to lowells po box thanks