Statute Barred overdraft debt?

[welly_59]

Can anyone clarify the statute barred date of an overdraft debt?

I had a letter from a DCA last week for a defaulted overdraft to the value of £3k. I went over my overdraft, couldnt pay the fees, then it snowballed basically.

The defaulted date of the overdraft is November 6th 2012. I have old bank statements from this account if it helps. The account was closed by collections on 1st November 2012, I last made a payment into it on Jult 2nd 2012, and looking back at the September 2012 statement it seems the overdraft facility on the account was withdrawn during August 2012 at some point(this is looking at the unauthorised overdraft charges on September statement and the lack of authorised overdraft charges the same month)

What date is relevant to the statute barred - 6 years - date of an overdraft debt?

[welly_59]

Anyone able to comment on this?

even if the statute barred date starts from the date the account was closed by the bank - November 1st - I haven’t received a LBA yet, just a demand. If they need to give me 30 days notice before preparing court action, I’m hoping that will take me well beyond any sb date

[R0b]

Hello

I've tagged Amethyst when she is around she will reply.

[welly_59]

Anyone able to assist please? I’ve tried calling national debt line for advise but they are so busy I haven’t been able to get through

[MIKE770]

bit quiet on weekends

[welly_59]

Seems a bit quiet in here during the week as well

anyway, anyone able to advise please?

[Amethyst]

Sorryyyyyyyyyy completely missed your post - just having a read back

[Amethyst]

It would be deemed the date of Default at the moment ( there are cases at appeal trying to clarify between when they COULD have defaulted vs when they did but yours isn't all that extreme tbh ) but yes, if they are just starting to write to you, they will have to do the letter of claim giving 30 days and, if you don't respond until the last day, when you say you don't acknowledge the debt, contend it is statute barred and request all the documents, you could be okay. Of course, they may just not do the pre-action letter and risk costs in court ( which wouldn't be massive tbh ). So really, atm, all I can say is keep your head down and hope they don't just whack a claim in to stop the clock. Orrrr you could respond now, stating you do not acknowledge the debt, and requesting copies of documents/default notices/breakdown of the amount claimed etc and hope that takes you through the next month without a claim being submitted.

Not really a right answer I'm afraid ( other than the Nov 6th date likely being the date that the clock started ticking )

[welly_59]

Thanks for the response.its now 2 weeks until the default is 6 years and I haven’t received any more letters. Hopefully I can ride it out without further contact

[welly_59]

i've had no more letters, and 6 year anniversary is a week away. Fingers crossed!

[MIKE770]

Shhhhhhhhhhhhhhhhhhh might hear you

[welly_59]

If the DCA submitted a county court claim what is the latest I should expect to receive papers from the court?

Default date is 6th November 2012. Does that mean they need to submit by end of day on the 5th?

I'm guessing court forms would be with me by Friday, possibly the Monday after at the latest, if they did submit?

[welly_59]

Still no further contact.

I'm presuming if nothing comes by end of day Monday then they haven't submitted a claim

[Amethyst]

The court usually gets the claim to you within 2/3 days of a claim being issued. So if nothing by Tuesday you're probably ok.

Is is there any chance they could have issued a claim on a different address? ( obviously they shouldn't have as you have communicated with them at your current address, but it happens sometimes if youve moved since the account was closed )

you our haven't had an Letter of claim yet either have you so it's likely they will be out of time.

Im presuming you are absolutely certain there's been no payments or acknowledgement since the OD defaulted... it's fallen off your credit file and you've never paid another DCA or been in any DMP etc for the debt ?

I'd wait until they write to you again before responding to them with a statute barred letter.

[welly_59]

The bank have known of my current address for nearly 5 years, intrum have no reason to use my old address.

I haven't had a letter of claim yet either, just the one generic letter asking to call them.

It has now been removed from my credit reports. I definitely haven't made any payments or acknowledged it since the default date