A simple question: When is DAY 1?

[Nattie]

Please read this carefully cos I know my natwest stuff very well and have more stuff to come but my bailiff stuff is not so hot. So for any variance of doubt, a debt is unenforeable if it is no acknowledged for at least 6 years ie statute of limitations act.
When is day 1 ie day 1 count 6 years and then it is unenforceable?

Need to brush up on some points

[thephoenix]

Re: A simple question: When is DAY 1?

I think day 1 is the day following your last acknowledgment of the debt.
Whether it be a letter to the creditor with offer of payment or a financial statement or a recorded phone call with you stating you owe the debt or
the use of the credit token or withdrawal of money.

[Nattie]

Re: A simple question: When is DAY 1?

Can an alleged letter sent ie note on account be seen as evidence of DAY 1 notice?

[thephoenix]

Re: A simple question: When is DAY 1?

depends what you mean by 'note on account' . Did this alleged letter come from the creditor?

[Nattie]

Re: A simple question: When is DAY 1?

There was a case re NatWest on another forum which if the note exists say November 2001 then is that proof of a debt existing and either inside or outside of the statute of Limitations?

[Paule]

Re: A simple question: When is DAY 1?

Nattie

Are you implying that a financial institution could stick on a note on its computer files to say that a letter was sent out to get out of the 6 yr rule?

[thephoenix]

Re: A simple question: When is DAY 1?

ooooooooooooooo I don't like the sound of that :shush:

I thought large companies, like Natwest, have internal post procedures whereby all letters are logged. So not only will there be a note but also a log that the letter went out.

Which i guess it could be easy to add an entry to the log.

As regards acknowledging a debt, as long as you don't reply to that letter, it means nothing. It has to be the consumer who acknowledges the debt, not the creditor.

[Nattie]

Re: A simple question: When is DAY 1?

ok, so last contact customer has had with the said company is when the day 1 begins. The log issue is re NatWest Archive btw(my specialisation).

[thephoenix]

Re: A simple question: When is DAY 1?

I believe that to be true providing it was the customer who contacted the creditor. Unless someone else knows different, but thats how I see it.

[theGobbyOne]

Re: A simple question: When is DAY 1?

I just been contacted by debtor from 6 years ago.........have agreed to pay them £50 a month............can i dispute it cos of the 6 yr rule????????

[thephoenix]

Re: A simple question: When is DAY 1?

If it was a simple contract and the creditor contacted you after an clear 6 year period from last acknowledgment by you, then I would question it.
BUT saying that, you have now acknowledged the debt exists.

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.



Just for your and others information:

Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

[StoneLaughter]

Re: A simple question: When is DAY 1?

I haven't read the Thread, just the initial question.

Day One is the day on which your "Cause of Action" ACCRUES. (i.e. something which you would take to court, happens). You have SIX YEARS from that date in order to make a claim.

HOWEVER

There is a section in the Limitations Act (help me out here someone, it's been a while) which clearly states that Day One occurs the day you actually discovered, or could have discovered with reasonable effort, the Cause of Action, where such Cause was concealed from you by another party.

In other words, the Banks are saying that they "can only go back six years from your date of Claim because you only have six years from the date that your Cause of Action Accrued" (i.e. the date six years prior to your claim being issued when a charge was levied).

HOWEVER

With the other clause in The Act, you can say that the Bank concealed the unlawful nature of their charges within their Terms and Conditions, and therefore your Cause of Action accrues on the date you discover that concealment; i.e. the day you first read it on this site. This means that you have six years FROM THEN to make a claim.

[StoneLaughter]

Re: A simple question: When is DAY 1?

I just been contacted by debtor from 6 years ago.........have agreed to pay them £50 a month............can i dispute it cos of the 6 yr rule????????

It will be a SIGHT more difficult now that you have agreed to pay... they will use that in their arguments. However, I would immediately cease paying and challenge them to produce paperwork which authorises them to collect this "debt"... under the Consumer Credit Act 1974 they are required to have certain paperwork including the original Credit Agreement related to the debt before they can pursue it.

[Froggy]

Re: A simple question: When is DAY 1?

For StoneLaughter, time to reignite the thread. The question as I read it is When is day one of a stature barred debt? I will explain, when would a debt be statute barred? 6 years surely but when is day one of 1800 odd days til it becomes statute barred? Is it when the firm last wrote to you or when you last had contact with the company/bank/credit card company/council concerned?

[StoneLaughter]

Re: A simple question: When is DAY 1?

In those cases the six years begin from the day the Cause of Action accrues; i.e. the creditor now believes the "debt" is not going to be paid and therefore instigates recovery action. From that date forward they have accrued a "Cause of Action" (i.e. a reason to sue). They have six years from that date to make a claim.

If they do not, at any time during six years from that date, manage to establish two-way contact with the alleged debtor, the debt is statute barred. A simple letter to them stating that:

"As your Cause of Action accrued more than six years in the past, and this is the first contact I have had from you, this matter is Statute Barred and there is no debt to answer. Please close your file immediately and cease recovery action."

will be sufficient.

If, however, you talk to them, reply to a letter, answer the phone with your name... during that six years, they will easily manage to convince a Judge that the debt may be recovered. The trick is to answer their pestering with a full-on CCA request denying any debt to them.