Statute barred ? Last payment vs default date

[Husdellp]

Hi,

Lowell has gone to county court against me for money they claim I owe, it was early 2008 when myself and the original creditor had any communication which was a payment made on 13th March 2008 (found this out by contacting Lowell), the default date on the account was recorded as 30th November 2011 (credit file reference) rather than the date of last payment, BW Legal are telling me I'm wrong in thinking it is statute barred as the clock starts for the 6 years from the recorded default date rather than the earlier date of the last payment/acknowledgement of said debt.

Can they really default it after 3 1/2 years ?

I have filled in my defence to the court stating I believe this debt is statute barred and have received a letter back from them telling me it has been noted and that they have sent my defence to BW legal.

any help on the matter would be great.

thanks

paul

[Amethyst]

Re: Statute barred ? Last payment vs default date

This can be a hotly argued point, but in essence the time period for limitations starts at the cause of action. the cause of action would be probably a couple of months AFTER your last payment- as it is defined as the point at which the creditor could ask for payment of the entire debt due to the agreement being breached. So not necessarily the date of the last payment, and depends on the terms of the agreement - however it is normally after two missed payments that they can default you - and therefore you SHOULD be statute barred before the court claim was brought against you.

The default date on your credit file is pretty irrelevant really but should accurately record the status of the account so if that wasn't marked until 2011 you might need an argument with the original creditor - but sort out the court claim first.

What was the original debt ? Barclaycard ? Car Hp Agreement ?

[nemesis45]

Re: Statute barred ? Last payment vs default date

Hi Paul welcome to LB.

The first thing we need to know is what type of account is this?

One point is obvious If the last payment was 2008 and the default was end was 2011 it was unfair and unreasonably late and can be challenged on that.
It's a shame you have filed the defence so quickly it may have been possible to stop the process. Knowing the OC and type of account will assist. ( Not Black Horse by any chance?)

Lowell has 28 days from the date it receives your defence to respond.

nem

[Husdellp]

Re: Statute barred ? Last payment vs default date

It was for finance from currys through HFC bank for electrical goods, I have sent letters to BW Legal stating about it being statute barred under limitations and asking for all the evidence on the case but they are still not shifting with dropping the case and keep telling me that it's goes by the default date

[NWHC]

Re: Statute barred ? Last payment vs default date

This can be a hotly argued point, but in essence the time period for limitations starts at the cause of action. the cause of action would be probably a couple of months AFTER your last payment- as it is defined as the point at which the creditor could ask for payment of the entire debt due to the agreement being breached. So not necessarily the date of the last payment, and depends on the terms of the agreement - however it is normally after two missed payments that they can default you - and therefore you SHOULD be statute barred before the court claim was brought against you.

The default date on your credit file is pretty irrelevant really but should accurately record the status of the account so if that wasn't marked until 2011 you might need an argument with the original creditor - but sort out the court claim first.

What was the original debt ? Barclaycard ? Car Hp Agreement ?

Hi Amethyst
I agree with you but I think I have heard of cases where judges take a different view. Unfortunately I am not a judge otherwise debtors would love me and creditors hate me

[Husdellp]

Re: Statute barred ? Last payment vs default date

Hi sorry I didn't get back to you I've been doing a bit of research,

take a a look at this

http://legalbeagles.info/forums/show...h-court-action

look at his default date and look at mine, coincidence ??

Something seems a little suspect to me

thanks for all your input on this matter

[nemesis45]

Re: Statute barred ? Last payment vs default date

Hi sorry I didn't get back to you I've been doing a bit of research,

take a a look at this

http://legalbeagles.info/forums/show...h-court-action

look at his default date and look at mine, coincidence ??

Something seems a little suspect to me

thanks for all your input on this matter

No coincidence! Stick to your guns on statute barred.
nem

[Husdellp]

Re: Statute barred ? Last payment vs default date

Thanks nem, just hot hold of HFC bank who say the original default date on the account was 28-11-2008, 8 months after the last payment date, but HFC have just told me they can't send me any information on the account so I can prove it in county court.

[NWHC]

Re: Statute barred ? Last payment vs default date

What would happen if you sent a SAR to one of the credit reference agencies, that would go back 6 years. I am just wondering

Anyone with other ideas?

[Husdellp]

Re: Statute barred ? Last payment vs default date

Sorry for the late reply but for anyone wondering what happened to this case and if it could help anyone ?
i stuck to my guns as mentioned by nem on above post and recorded a phone call from HFC where they stated what the real default date was and i told lowell i had said phone call as evidence, i had sent another letter of complaint to their top boss/director mentioning action from the financial ombudsman and he must have had things dealt with quickly as about a week later i had a letter from one of the bosses of lowell apologizing about the wrong default date and saying they would write off all debt and remove it from my credit file and there was a cheque for £50 from them for any inconveinence caused.

win win