80% off your debt offer

[Celestine]

You could send a Subject Access Request to Barclays for full details of all data held about you which should include the crucial .s87 notice. Do you keep old paperwork? The notice should have given you a time period to remedy the defaulted payment. After that expires, the account becomes time barred.

All being well, this account became time barred by latest March 2020 approximately. If this proves correct, then you have what's known as an 'absolute' defence to any claim.

However, if the SAR confirms these dates, it would be simpler to respond to IJ in writing stating your belief that the account is time barred under Limitation Act and they will cease enforcement activity. It does look like they were probably aware time had run out and are just keen to recover something/anything!

Bet you're glad you popped by now

[Celestine]

https://legalbeagles.info/library/gu...ccess-request/

[Roddaz77]

Celestine

Absoloutley, glad I popped by. I was just going to ring them and pay them the 800+ and have done with it, and maybe now it will have already passed their time to get a CCJ

I thought it went off the date on the credit file which stated a default was issued on the ** November 2014 and I have been silently waiting for that date in 2020 to come without any action taken. I know this is a stupid way to approach this debt, but when it was her spending, I felt sick to pay the whole amount!!
So to be told now it goes off the .s87 notice which like you say could have actually been March / April this year then amazing. . Not saying they would have, but whats the chances they put a Court paperwork in back in March, before Covid-19? would they still have a legal chance, or would it have been on my door by now? (Sorry so many questions)

No I don't keep anything unfortunately, the address they have is my dads address and I live miles away, so when post drops, I ask him to open it, as nothing interesting normally comes for me. When he says its these, I get him to chuck them away

Obviously me trying to get a SAR request from Barclays will take me over the time of their July offer. . . So what happens next, this wouldn't reset the clock or show my acknowledgement of said debt would it? obviously I didnt make payments, and I am pretty god damn sure she wouldn't have, but just making sure I am not going to put myself in a tricky situation here.

And I am guessing that a call to barclays credit team to ask them this info, would be laughed at by them?

Thank you so much again, a glimmer of hope has just entered my heart

[Celestine]

Sending a SAR to Barclays will not reset the 'Limitation clock' - just use the template I linked to earlier. SARs should always be made in writing.
Just a thought - do you still have the same current account from which you would have made payments? Can you access payment history to the card from that? Ok it does not produce the s.87 date but it may make you feel more certain.

No, you would have received court paperwork in March - if your Dad had opened all post, I'm pretty sure he'd have noticed that! Claims have not been being started by debt companies for a few months because of the Covid crisis, so you are in a strong position if you are certain of your last payment date.

[Roddaz77]

Celestine

No, I have changed banks since then so not able to

Thank you for the support and help so far.. SAR to Barclays tomorrow, I will keep you updated

Thanks

[Roddaz77]

Celestine pt2537

Good afternoon guys... I have an updated piece of information.....

I so hope this means that the debt is time barred....

The s87 default notice was sent to me on the 9th July 2014
the last payment date was 3rd June 2014

XXX have put the default date on the credit file as the 27th November 2014 ....

Where do I stand

[Celestine]

That sounds very positive - although very damn close!
The s.87 notice would have given you 14days to remedy the default. So allowing for posting times - it would have expired on or around the 26th July 2014 - yep it is about 3 days time barred Hopefully pt2537 will confirm so no celebrating just yet.

[Roddaz77]

Celestine omg that would be soooooo close... hopefully nothing's come in the post in the last few days, although intrum have kindly given me until the end of July to make their 80% offer ... so fingers crossed. Hopefully that was just their last gasp at getting some money back......that or they are not aware of the date that the credit card co did the default and still think they have time (November)
I'm praying now that we are well and truly over the time barred line

[Roddaz77]

pt2537 Celestine any news on if I can start waving the celebration stick yet

[Celestine]

I have messaged pt2537 but a bit of research also suggests 21 days is acceptable, so guess where that takes us up to? 9+21= 30

Just hold tight a little bit longer!

[Roddaz77]

Oh god I am on pins here hahaha

So the information I got direct from the CC company is the one we go off

NOT the DCA who put it on in Nov...

So if I get this right, they have given me til the end of this month to pay the great offer, but roughly by the 31st it should be TB
.... if they decide they want to put a court application in on the whatever date in Aug/Sept... I can defend it by just saying it is TB
Last payment was June 14 and the s87 was July 14....

You guys are absoloute hero's !!

[pt2537]

Simple questions time

1) Do you have the actual default notice? If yes move to 2
2) Does the default notice actually expire on 9th July 2014 or is that the date it was sent to you?

If the notice was sent on 9th July then you will of course have to allow the time for the notice to expire as that will be whatever the date is on the notice by which you have to make payment

We cannot guess when the notice would have expired, we need to know when it DID expire , that is the date for limitation purposes when the clock starts ticking

[Roddaz77]

Hi pt2537

I got the information off them via phone, I'm assuming the date is the date they sent?
If its 14 days they have and we are are looking to give them a bit of time then I'm hazardous a guess that now being in Aug its safe

I have however sent off for a SAR to them after your message and I'll wait for that to arrive..... you never know, it might just be needed ...

Thanks

[pt2537]

Hi pt2537

I got the information off them via phone, I'm assuming the date is the date they sent?
If its 14 days they have and we are are looking to give them a bit of time then I'm hazardous a guess that now being in Aug its safe

I have however sent off for a SAR to them after your message and I'll wait for that to arrive..... you never know, it might just be needed ...

Thanks

i have a saying, Assumptions are the mother of all fcukups. never assume anything. If you dont have it in black and white on a piece of paper in front of you how can you prove the same to a judge? that is the question i always ask when i am looking at limitation, after all if we are talking a matter of days whats to stop the claimant submitting that the default notice allowed 28 days not the 14 required by law? that would then mean you arent statute barred you see

[Roddaz77]

Celestine hi I've just sent you a private message regards some updated information I have on this account... so confused.. please can you have a look and let me know your thoughts

Thanks