Default Notice / Statute Barred

[benken28]

Good morning,

I am really struggling to understand when the clock starts for a debt to be statute barred.

I havent made a payment in over 10 years on a credit card debt and last had contact over 7 years ago when I sent a CCA request which couldn't be provided.

Would this be statute barred? I did read somewhere that the 6years starts from when the default notice was issued,what would happenif they turn around and say one wasnt issued? Do they have a legal obligation to issue one after a certain amount of time or missed payments?

Thank you

[DE DOGS]

No CCA no case

[echat11]

A Default Notice must be served. You need to refer to the T's & C's as to the number of missed payment's before they send a Default Notice - https://www.legislation.gov.uk/ukpga...efault-notices

The thing is, if they don't send a Default Notice, then it doesn't allow you the opportunity an opportunity to put right the breach.

[benken28]

Thanks, but if they can't find the agreement which was pre 2007 how does that work?

[echat11]

Thanks, but if they can't find the agreement which was pre 2007 how does that work?

That means the debt is 'unenforceable', they can't take the matter through the Courts until they can find it.

Read the whole page, specifically - CONC 13.1 16

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

[benken28]

Is there a time limit that a default must be issued in?

[echat11]

Is there a time limit that a default must be issued in?

The link in post 3.

[benken28]

Would it be possible for a default notice to be issued now? I will send an information request and see what they have

Thanks

[echat11]

Would it be possible for a default notice to be issued now? I will send an information request and see what they have

Thanks

a) I don't think so, say they Defaulted you (for what ever reason you didn't get the letter), it's dropped off your credit report after 6 years, so they can't put it back on your Credit Report.

b) If they never issued one, say the debt is statute barred, it's over the 6 year period, then there is no 'Rhyme or Reason' in them doing that now.

[benken28]

Ok thanks, I have just looked through my files and the CCA request was acknowledged and then they sent back the cheque that I made out as part of the request along with a letter saying they can not fulfil my request

[echat11]

Ok thanks, I have just looked through my files and the CCA request was acknowledged and then they sent back the cheque that I made out as part of the request along with a letter saying they can not fulfil my request

So as it stands, it's statute barred, because no payment or written acknowledgement of the debt in the last 6 years.

If it wasn't statute barred, it would be 'unenforceable' until they could find and provide a copy of the agreement.

[benken28]

Thanks, do you think I shouldnt contact them for now as I have only had the introduction letter from them

[echat11]

Thanks, do you think I shouldnt contact them for now as I have only had the introduction letter from them

You can respond with the following, make sure you get Proof of Postage:

https://www.nationaldebtline.org/sam...cover-debt-ew/