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Credit Card court claim - statue barred?

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  • Credit Card court claim - statue barred?

    Hi,

    I have today received a claim form for an old credit card.¬* The claimant is "Hoist Finance UK Holdings 3 Li" which it claims in ex Barlcaycard.
    I believe this is statue barred as the last payment I made to the account was in October 2013 and have not been in contact with them in any way since except for a Subject Access Request in 2018.¬* Within their response they have provided all data they hold on me including old accounts from 2002.¬* There is no default notice included however according to my credit file, they have the default dated as August 2014.
    From looking online it suggests the limitations timer starts at the last payment or acknowledgement which is October 2013 however other things I have read is that this is now incorrect and is the date the default was issued which in this case becomes statue barred in August this year.

    Have I understood statues of limitation correctly?

    Thanks
    Tom
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  • #2
    Originally posted by tomtomx View Post
    Hi,

    I have today received a claim form for an old credit card.¬* The claimant is "Hoist Finance UK Holdings 3 Li" which it claims in ex Barlcaycard.
    I believe this is statue barred as the last payment I made to the account was in October 2013 and have not been in contact with them in any way since except for a Subject Access Request in 2018.¬* Within their response they have provided all data they hold on me including old accounts from 2002.¬* There is no default notice included however according to my credit file, they have the default dated as August 2014.
    From looking online it suggests the limitations timer starts at the last payment or acknowledgement which is October 2013 however other things I have read is that this is now incorrect and is the date the default was issued which in this case becomes statue barred in August this year.

    Have I understood statues of limitation correctly?

    Thanks
    Tom
    Yes, you have unless you have a CCj.

    "Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts, or twelve years for some mortgage shortfalls. This Ďlimitation periodí starts from the time of your last payment or acknowledgement of the debt, not the total length of time youíve been making payments. If a court judgment (CCJ) has been registered against you before the limitation period has passed it can be enforced at any point. There is no limitations period for a CCJ.

    For Scottish debts the rules are different as statute barred debts cease to exist (and creditors arenít allowed to ask you for payment) after five years, unless the court has issued a Decree before the five year limitation period.

    The Limitation Act doesnít apply to debts owed to the Crown such as income tax. Because the act prevents court action, some debts such as benefits overpayments and Council Tax sometimes use different collection methods that donít involve the court, which means the debt can be collected even after six years have passed. from - https://moneyaware.co.uk/2013/10/statute-barred-debt/ no affiliation"

    "Template letter for statute barred debt
    Here is the statute barred template letter (PDF) you can send. just add your name, address and the creditorís details at the top. It doesnít have to be exactly the same as this if youíd prefer to write your own.

    Hereís what to do if you think your debt is statute barred:

    1. First of all you should get a copy of your credit file. You can do this for free at Noddle
    2. Write to the creditor contacting you (using the template letter above). Send the letter recorded delivery from the Post Office so you can prove they received it
    3. Be aware that if the full six or twelve year period has not passed, if you make a payment the limitations period would start again from that point
    4. If they continue to chase you without sending proof, complain to the Financial Ombudsman who will take up your complaint. Donít go to the Ombudsman first as theyíll bounce back your complaint
    5. If they do send proof and youíre liable donít feel pressured to pay more than you can afford. Use our confidential online debt advice tool, for a free budget assessment and personal action plan explaining exactly how to deal with your debts"

    Good luck

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