Statue Barred Debt Help

[Stejj]

Hello guys and gals, I have an issue with a debt from a credit card company, I went into default about 2006-2009 I can’t remember the exact dates as it was so long ago, a debt collecting company has recently contacted me VIA post and Phone asking me to contact them regarding this which I haven’t as of yet, I know it’s basically statue barred as the debt is well over six years old, the question I have and to me it’s confusing,

[Stejj]

CONTINUED
sorry I powered it by accident and I hadn’t finished

the question I have is I have read that the time clock starts when you have been issued a default notice and the default notice has expired, what does that mean, when does a default notice expire ? Do they mean that it will expire after the 2 weeks have passed and the default notice hasn’t been sorted out ? I know there was a court case in 2019 about something similar and I’m not clued up on the legality of it

many thanks
stejj

[echat11]

Hi STEJJ

Welcome to LB

A Default Notice tells you that your account has defaulted, that you are in breach of your agreement under CCA 1974. It gives you the opportunity to bring your account up to date. It advises you on the actions the creditor can take and the actions you can take.

Providing you have not made any payments in the last 6 years or acknowledged the debt in writing (and there isn't a CCJ, then the debt is Statute Barred).

You can send the following -

https://www.nationaldebtline.org/sam...cover-debt-ew/ Make sure you get Proof of Postage.

[benken28]

I am in a similar situation, I havent had contact or made a payment in over 7 years. I read that for the debt to be statute barred the clock starts from when the default notice was issued.
I dont have a copy ofthe notice but I think I remember one about 10 years ago.
if I don't have any record of the default notice will that have an impact on the statute barred defence?

Thank you

[echat11]

I am in a similar situation, I havent had contact or made a payment in over 7 years. I read that for the debt to be statute barred the clock starts from when the default notice was issued.
I dont have a copy ofthe notice but I think I remember one about 10 years ago.
if I don't have any record of the default notice will that have an impact on the statute barred defence?

Thank you

No.

Under normal circumstances or per most T & C's the Creditor will Default you after 3 missed payments, although they should, they don't always do that. (I don't know what happened in your own case). It's not for your to provide, if for them to do that.

The creditor should know regards payments and contacts.

[benken28]

Thank you for your reply,

I dont recall receiving a default notice but I know I haven't made a payment or had contact in 7 years. As I dont know when the default was sent can they turn around and say they sent it 5 years ago and start the clock from then or because I haven't had contact in over 6 years that would be enough?

Thanks

[echat11]

Thank you for your reply,

I dont recall receiving a default notice but I know I haven't made a payment or had contact in 7 years. As I dont know when the default was sent can they turn around and say they sent it 5 years ago and start the clock from then or because I haven't had contact in over 6 years that would be enough?

Thanks

To be honest, they don't always play by the Rules. But the important thing to remember is you can request your data, a Subject Access Request, they will provide your data over a 6 year period plus.

If they did try that, there is a 'void' for them, because they don't know what you have or have not got by way of a Default Notice. The last thing they will want is to look stupid, no doubt breaking FCA Guidance.

[benken28]

Ok thanks,would you recommend I send the statute barred letter or request the data they have first?

Thanks

[echat11]

Ok thanks,would you recommend I send the statute barred letter or request the data they have first?

Thanks

Request data first.