Restons, statute barred debt reply help

[remote5993]

Restons have been contacting me about an old credit card debt on behalf of Global Arrow for around £500.

last payment was Feb 2010, date of default is Feb 2011. i havnt wrote or contacted them ever.

i sent them the statute barred letter and they replied saying i have shown no proof that the debt is statute barred or when i last made a payment towards the account & in any even the date of default is Feb 2011 so within the six years.

i know its up to them to prove the debt is not statute barred and not for me to prove it is. i also know the date of default isnt the start of the six year statute barred period, they have given me 14days to reply and fill in income form or court action 'may' be issued.

has any one got any advice on what to put on the reply or a link to a templete letter as im rubbish at these things

thanks

[nemesis45]

Re: Restons, statute barred debt reply help

Restons have been contacting me about an old credit card debt on behalf of Global Arrow for around £500.

last payment was Feb 2010, date of default is Feb 2011. i havnt wrote or contacted them ever.

i sent them the statute barred letter and they replied saying i have shown no proof that the debt is statute barred or when i last made a payment towards the account & in any even the date of default is Feb 2011 so within the six years.

i know its up to them to prove the debt is not statute barred and not for me to prove it is. i also know the date of default isnt the start of the six year statute barred period, they have given me 14days to reply and fill in income form or court action 'may' be issued.

has any one got any advice on what to put on the reply or a link to a templete letter as im rubbish at these things

thanks

Good afternoon, welcome to LB,

Once Arrow Global received your letter stating that the alleged debt is statute barred all they had to do was check out what you said and respond it's now up to you to back up your claim.

Does the debt appear on your credit reference files? You can check Noddle free online.

Debt purchasers are now relying on an Appeal Court Judgment in BMW Finance - v - Hart where in their Lordships decided that ( for simplicity here) that the start of a relevant 6 year period in regard to the provisions of the Limitation Act 1980 is the date the credit can demand payment in full of an outstanding debt translated to the " default date". This judgment was also in regard to a Hire Purchase account not a simple contract such as a credit card.

However it's my opinion ( and others) that. 1. The default occurs some time before a default is registered with credit reference agencies.

Say 2 months after the cessation of contractual payments in the case of a credit card.

So what type account was this?

Who was the original creditor?

My advice is to get some proof of that last payment date perhaps from the original creditor.

nem

[remote5993]

Re: Restons, statute barred debt reply help

The original debt was with santander and was a credit card. It was sold to Arrow Global and Restons are the solicitors sending me letters.

The last payment was in Feb 2010, i know this because they told me themselves aswell i checked my own bank records to confirm this. But the date of default was Feb 2011.

The debt is on my credit file with the default date of 9th feb 2011.

Any advice on where i go from here?

[nemesis45]

Re: Restons, statute barred debt reply help

The original debt was with santander and was a credit card. It was sold to Arrow Global and Restons are the solicitors sending me letters.

The last payment was in Feb 2010, i know this because they told me themselves aswell i checked my own bank records to confirm this. But the date of default was Feb 2011.

Any advice on where i go from here?

The way forward I think is to get copies of your bank record of payments made, a challenge that the default actual default occurred 2 months after the last payment, it would help to know what the credit card agreement says on when Santander could place the account in default I seem to remember it was after 2 missed payments but I cannot be sure, but I do know someone who may.
[MENTION=6]Amethyst[/MENTION] do you have any info on Santander CC agreements please.

I do think we can beat them remote.

nem

[remote5993]

Re: Restons, statute barred debt reply help

If i where to reply along the lines of '...its on you to prove the debt isnt statute barred not for me to prove it is...unless you can provide me with evidence of that effect etc etc then please dont contact me again or i will make a complaint to the FO'. Do you think that would be ok for now?

[nemesis45]

Re: Restons, statute barred debt reply help

If i where to reply along the lines of '...its on you to prove the debt isnt statute barred not for me to prove it is...unless you can provide me with evidence of that effect etc etc then please dont contact me again or i will make a complaint to the FO'. Do you think that would be ok for now?

Personally I wouldn't do that now as you have made a statement which has been rejected by the sols so we need to " qualify!" your statement leaving no doubt on the status of the debt.

nem

[remote5993]

Re: Restons, statute barred debt reply help

So send them a copy of my bank statement with the last payment shown & see what they say?

Is there anything else i could do to delay the debt even further to get it close to Feb 2017 as possible?

[nemesis45]

Re: Restons, statute barred debt reply help

So send them a copy of my bank statement with the last payment shown & see what they say?

Is there anything else i could do to delay the debt even further to get it close to Feb 2017 as possible?

What has to be done is a challenge to the claimants stance that the start of the 6 year period is not the default date it needs to be complete and solid before sending anything.

nem

[remote5993]

Re: Restons, statute barred debt reply help

**just giving an update on this for anyone reading the post in a similar situation in the future **

I sent Restons a letter stating the default date has no baring on when the debt becomes statute barred and should they continue to pursue this alleged debt on the basis that the Limitations Act does not apply due to the default date then I will have no choice but to raise a complaint to the Financial Ombudsman Service.

its been a month since they signed for the letter via royal mail and i have no reply as yet, they usually reply within 2 weeks so far so good.

[nemesis45]

Re: Restons, statute barred debt reply help

**just giving an update on this for anyone reading the post in a similar situation in the future **

I sent Restons a letter stating the default date has no baring on when the debt becomes statute barred and should they continue to pursue this alleged debt on the basis that the Limitations Act does not apply due to the default date then I will have no choice but to raise a complaint to the Financial Ombudsman Service.

its been a month since they signed for the letter via royal mail and i have no reply as yet, they usually reply within 2 weeks so far so good.

They are probably digging around for something to refute you statute barred statement.

nem