Help With Statute Barred Timing Specifics Please

[calamoli]

Hello,

Could someone clarify how the Statute Barred date policy works within my circumstance, if possible please? I have been trying to discover this for myself, but I can't find the specifics I'm searching for & I really need to know where I stand before my next move.

Long story short: an old Cap.One credit card (approx 2000 - most paperwork taken & lost by a useless 'claims co' years ago - lesson learnt). Originally put into dispute (by me) 6 years ago, with no payments/incriminating activity since. Did the rounds of assorted DCA's early on, all seen off quickly with 'in dispute' letters. Then all went quiet until Lowell last Nov, 2 letters - 1 from them & 1 supposedly from Cap.One (identical envelopes, arrived same day & were clearly both from same source, a popular ploy so I've read). Sent 3 step letter process from another site, along with 'Statute Barred' letter. Reply stated that 'Statute Barred' doesn't apply, as account wasn't put into dispute until a specific date (being cautious as I'm told they nose around these boards) which would make the 6 years up any day now.

My question is, obviously they haven't attempted any legal action at this stage, so how would this affect where I stand? By their own admission it's 6 years, but how does the timing work? Can they continue by stating that it was just under the 6 years when they first wrote to me, to kind of 'back date' any legal attempts, or would it have to be timed from the date they started such action? This seems a bit of a grey area - from what I've been able to find anyway. Initially, I would have thought the latter to be correct, but it seems a bit strange that they would put the fact that the 6 years are up in writing, without an ulterior motive - or am I over-thinking this? I'm very suspicious of this delightful company in particular, because I have first hand experience of them 'back dating' a Statutory Demand (re another matter years ago) in a blatant attempt to scupper the time frame to lodge 'Set Aside' forms with the court. And of course the date they've given is a little later than I'd thought - I am currently trying to get back my own documentation - but either way, the 6 years is now up.

I hope this question makes sense to you (I'm finding it hard to explain in writing - so apologies for the length of the post) and I'd be really grateful if someone could enlighten me. I don't want to mess anything up at this very late stage. If I've missed out anything important, please let me know.

Thank you in advance & I look forward to learning how this works, and not just for myself. When I am more confident & knowledgeable, I aim to pay it forward & help others who are suffering misery & indignity, at the hands of these bullying scumbags. People need to know the truth and to realise that they are not alone, thanks to guys like you.

[Guest]

Re: Help With Statute Barred Timing Specifics Please

Basically, nothing they can do will restart the 6 year clock. The only way to re-start the time limit is if you either pay something of the bill or write a formal acknowledgment of the debt.

This does not mean that the debt disappears however and they are entitled to ask for payment. If however you tell them that you are aware of the fact that the debt is statute barred and request they cease any collection activities, the FCA guidelines state that they should stop

[Kati]

Re: Help With Statute Barred Timing Specifics Please

Hi Calamoli
As far as I am aware, the SB 'clock' starts very soon after the earliest default date (after a couple of missed payments I believe) and only restarts/stops with either a payment or an acknowledgement of the debt. Them writing to you would not affect SB (although IF they started a court claim just before the 6yrs was up, then they'd have a chance at stopping it then ). When did you last make a payment/acknowledge the debt?

[nemesis45]

Re: Help With Statute Barred Timing Specifics Please

A simple yet reliable way to establish the start of the 6 year clock is for simple contracts unsecured loans and Credit Cards.

The date a contractual payment was due and not made, after which no further payment or unequivocal written acknowledgment is ever made.

CCA Request and SAR's do not affect the limitation period.

Relevant contact from a creditor or DCA is the issue of a court claim which stops the clock on the date of issue.
Standard " debt collection letters" demands for payment etc. do not affect the Limitation.
Secured loans, and loans secured upon goods (HP) the default date is the best date to calculate from.

if an SB submission is rejected on the grounds of a " mystery" 1 off payment in the 6 year period then the creditor/DCA must provide strict proof of any such payment, the debtor is not oblige to prove anything.

[blanker]

Re: Help With Statute Barred Timing Specifics Please

Just a note statue barred is NOT 6 years, this is what the industry works to however.
A default occurs usually 3 to 6 months after the last payment.
Some companies throw in a statutory demand with just weeks left into the 6 years.
If you do not acknowledge a debt and are in correspondance with the company constantly requesting this information no court action should be taken.
Companies who take action with this in progress usually LOSE in court, or try other ways to trick you.
After 6 years have passed simply CEASE responding. They cant take you to court anymore, they can keep asking for the money tho.

[nemesis45]

Re: Help With Statute Barred Timing Specifics Please

Just a note statue barred is NOT 6 years, this is what the industry works to however.
A default occurs usually 3 to 6 months after the last payment.
Some companies throw in a statutory demand with just weeks left into the 6 years.
If you do not acknowledge a debt and are in correspondance with the company constantly requesting this information no court action should be taken.
Companies who take action with this in progress usually LOSE in court, or try other ways to trick you.
After 6 years have passed simply CEASE responding. They cant take you to court anymore, they can keep asking for the money tho.

Blanker I don't know where your information comes from but it is misleading and wrong

Default dates/default notices are not relevant to SB status.

It is NOT and "industry" practice it is contained in Section 5 of The Limitations Act 1980.
Statutory Demands DO NOT restart SB clock.
As I have said on another thread your approach is foolhardy and will result in creditors/DCA's issuing Final Response/Letter Berfore Action and proceeding to court.

Please stop posting this nonsense.

[blanker]

Re: Help With Statute Barred Timing Specifics Please

It wasnt nonsense. (just badly worded)
The last payment triggers the default this is the default date.
No one will chase you that day, it will be months before you hear from Debt collect (this is average around 3 months)
SB is last payment and/or? written proof of acknowledgement of such a debt.

If 6 years have passed the debt is still owed just no action can be taken.
And if you turn round then and say "i wont pay it" Thats the end of that. If they keep chasing its then harassment.

Thats all i meant.

Sorry i want more clear, strong medication as i have a serious medical condition and was at the time being chased by lots of debt collection many of which were statute barred and others physical errors.