Statutory Barred Debt

[remington]

Hi All this is a new one think it is pretty straight forward received a letter of Lucas Credit Services that I should get in touch with them they are working on behalf of Hillesden Securities who bought the debt from Black Horse Bank the Debt is for a hire purchase agreement I took out for a caravan in 2007 my last payment to them was in 2008 I have a receipt to prove that so I am sure it is Statutory Barred there as been no admission of this debt no payment since 2008 need advice just to make sure before I send template what would be the best move thanks

[Kati]

Re: Statutory Barred Debt

If you are 100% sure that the debt id SB'd then you could send a letter telling them that and see what they come back with?

[nemesis45]

Re: Statutory Barred Debt

Hi if this is an HP agreement the last payment cannot now be considered
the "cause of action" an Appeal Court Judgement in BMW Finance - v - Hart their Lordships determined that on HP contracts the " cause of action" (start of 6 year limitation period of 6 years) is the default date.


Therefore you need to establish EXACTLY when the account was defaulted, check credit files, Noddle is free online.

[remington]

Re: Statutory Barred Debt

thanks Kati thanks Nem there as never been a default put on my Noodle credit file they are simply telling me to pay the debt ie get in touch and make some arrangement but as I said back tracking on this debt last payment I made was 08 I also have a letter which I sent to them that is Black Horse not Lucas Terminating the Contract on 23rd Oct 07 reason for last payment being 08 was because I was sending min payments up to 08

[FlamingParrot]

Re: Statutory Barred Debt

thanks Kati thanks Nem there as never been a default put on my Noodle credit file they are simply telling me to pay the debt ie get in touch and make some arrangement but as I said back tracking on this debt last payment I made was 08 I also have a letter which I sent to them that is Black Horse not Lucas Terminating the Contract on 23rd Oct 07 reason for last payment being 08 was because I was sending min payments up to 08

Is there any chance this was defaulted in 2007? If your account was terminated at that time, then surely it would be SBd even taking into account BMW v Hart with regards to the CoA.

[remington]

Re: Statutory Barred Debt

Hi Flaming Parrot I have looked at my Noodle Report nothing on there at all I was thinking like you only just in the last month I have joined Noodle and started to look at my Credit Report so maybe it as been on there 6 years and now it as dropped of but how do I find that out would it be worth sending prove it template or go straight for Sbd template

[FlamingParrot]

Re: Statutory Barred Debt

Hi Flaming Parrot I have looked at my Noodle Report nothing on there at all I was thinking like you only just in the last month I have joined Noodle and started to look at my Credit Report so maybe it as been on there 6 years and now it as dropped of but how do I find that out would it be worth sending prove it template or go straight for Sbd template

If it was defaulted in 2007 or 2008 it should no longer appear on any credit report.

I'd be inclined to send he SBd letter, the onus will be on THEM to PROVE it isn't. :thumb:

[remington]

Re: Statutory Barred Debt

thanks Parrot letter on its way recorded delivery thanks

[remington]

Re: Statutory Barred Debt

since sending statutory barred template no one as replied or been in touch sent letter recorded delivery on the 7th March 2015 what next thanks

[nemesis45]

Re: Statutory Barred Debt

since sending statutory barred template no one as replied or been in touch sent letter recorded delivery on the 7th March 2015 what next thanks

Many DCA's will just disappear when they receive a " statute barred" letter.
Just leave it alone for a while.

nem

[remington]

Re: Statutory Barred Debt

Hi Nem thanks for reply will do

[remington]

Re: Statutory Barred Debt

received a letter back from DCA saying this account is not Statute Barred as the last payment received was £5-00 on the 3rd June 2013 with no proof where payment was sent from or who to other then saying DCA payment BACS £5-00 IS THERE A TEMPLATE to send for this situation thanks

[remington]

Re: Statutory Barred Debt

bump anyone there please

[nemesis45]

Re: Statutory Barred Debt

received a letter back from DCA saying this account is not Statute Barred as the last payment received was £5-00 on the 3rd June 2013 with no proof where payment was sent from or who to other then saying DCA payment BACS £5-00 IS THERE A TEMPLATE to send for this situation thanks

If it's BACS payment you should be able to check with your bank if such a payment was made.

nem

[remington]

Re: Statutory Barred Debt

thanks for reply Nem can I ask them to send proof where payment was sent from which bank and who it was paid to thanks