Statute barred?

[Damondo84]

Re: Statute barred?

Even if it was from the time of default, there are no longer any defaults on my credit file. So clearly that's well over six years. The debt is about 10, possibly 11 years old. In fact it's been that long, after having a completely ruined credit file, it is now marked as good.

[nemesis45]

Re: Statute barred?

Even if it was from the time of default, there are no longer any defaults on my credit file. So clearly that's well over six years. The debt is about 10, possibly 11 years old. In fact it's been that long, after having a completely ruined credit file, it is now marked as good.

Ok, I wonder if your bank (if you still use it) would be able to provide statements for the suspect timescale?

nem

[nemesis45]

Re: Statute barred?

Even if it was from the time of default, there are no longer any defaults on my credit file. So clearly that's well over six years. The debt is about 10, possibly 11 years old. In fact it's been that long, after having a completely ruined credit file, it is now marked as good.

Exactly, please don't get misled by complications you are on the right track.

nem

[Damondo84]

Re: Statute barred?

I've already asked them for statements for my old account, just waiting on them to come through the post, I'm tempted to go to the bank and ask if it would be quicker, just for peace of mind.

I guess if they have proof, they will send it in reply, so I'll have to be patient.
Can they not take me to court until they can prove I've made a payment or written aknowelgment?

[nemesis45]

Re: Statute barred?

The onus of proving the alleged debt is not statute barred fall entirely
upon the claimant. Mystery One Off Payment claims are common many
debt purchase companies " find " that £1 was paid during the latter part
of the relevant 6 year period in the vast majority of such claims it cannot
be proved who made an alleged payment.

nem

[Damondo84]

Re: Statute barred?

Just to be clear, if they respond by claiming that it is not SB, wether they claim I made a payment or not, would that be the time to request CCA?
If so, do I send the request letter to Lowell?

[jon1965]

Re: Statute barred?

If they claim it is not SB I can see no reason not to send a CCA request but at the same time I would be asking them to justify why it is not SB wording the letter carefully. I would start something like
In response to your letter dated xxxxxx where you claim that the account ref ....... of which I have no knowledge and accept no liability is not statute barred please could you provide such evidence to back up your claim
.

[Damondo84]

Re: Statute barred?

Thanks jon1965, it's just a waiting game now to see what they've got

[Damondo84]

Re: Statute barred?

Hi, just trying to work out how many years my last payment was. Looking at the letter from bw legal and the amount of statutory interest they've added, if they've worked it out at 8%, it looks like 5 1/2 years worth! Do they work this out from the last payment, even if it wasn't the full mounthly payment?

[Roland]

Re: Statute barred?

The County Court Act says that the statutory interest runs from what the claimant considers to be the cause of action. (when they can first make a claim)

[Damondo84]

Re: Statute barred?

Hi Roland, this may sound like a silly question, but what do you mean "when they can first make a claim" when does this mean the statutory interest starts from?

[jon1965]

Re: Statute barred?

It could be from the point that they acquired the debt.

[Roland]

Re: Statute barred?

It could be from the point that they acquired the debt.

Yes indeed, I dont think that they would be able to charge SI from before the debt was assigned to them.

[Roland]

Re: Statute barred?

Hi Roland, this may sound like a silly question, but what do you mean "when they can first make a claim" when does this mean the statutory interest starts from?

Sorry yes, it is the cause of action, or when they can first make a claim for repayment of the credit, This would be usually after a couple of missed payments on a credit card, it depends on the agreement.
However as John says, if the account has been assigned they could not charge statutory interest from before they acquired the account.

For SB purposes the cause of action will be the date the original creditor could take proceedings to recover the debt, unless of course you had paid anything since , which would acknowledge the debt and restart the clock.

[Damondo84]

Re: Statute barred?

That's a sense of relief then! I've found letters dated from 08 to 09,10,12, Lowell brought the debt November 2010 but I'm sure I didn't pay a few years before that. I know Lowell also has other debts of mine so if this piticular one is SB, I'm thinking of offering a settlement fee for the lot as I think they're SB too. These debts have had a hold on my life far too long