Statue Barred or not ?

[richwannabe]

I have an old credit card debt ( default date Aug 2009 ) its being chased for payment by Debt Mangers ( services ) Ltd
It no longer appears on my credit file ( noodle ) although it did a few months ago.
Today I have received a copy of the CCA I requested about 6 wks ago.
As its no longer on my credit reference file does this mean its statue barred ?
Is it time a sent them a letter saying this is unenforceable ?

[FlamingParrot]

Re: Statue Barred or not ?

I have an old credit card debt ( default date Aug 2009 ) its being chased for payment by Debt Mangers ( services ) Ltd
It no longer appears on my credit file ( noodle ) although it did a few months ago.
Today I have received a copy of the CCA I requested about 6 wks ago.
As its no longer on my credit reference file does this mean its statue barred ?

The default date on credit files is not a decisive indication of SBd status or otherwise. Many people make payments after defaulting, enter into a DMP, etc. in which case the accounts are live many years after dropping off the credit records.

Having said that, if there were no further payments or written acknowledgment made after you defaulted, then it's very likely to be SBd because defaults are recorded on credit files months after you stop paying and a DN is issued.

Is it time a sent them a letter saying this is unenforceable ?

If they are not making demands for payment, I'd hold off sending the SBd letter till they do. If all they've sent you is a copy of the agreement you requested, they're just complying with their duties (SBd doesn't end their duty to comply with a CCA request).

[nemesis45]

Re: Statue Barred or not ?

I have an old credit card debt ( default date Aug 2009 ) its being chased for payment by Debt Mangers ( services ) Ltd
It no longer appears on my credit file ( noodle ) although it did a few months ago.
Today I have received a copy of the CCA I requested about 6 wks ago.
As its no longer on my credit reference file does this mean its statue barred ?
Is it time a sent them a letter saying this is unenforceable ?

Hi a debt no longer showing on CRA files does not automatically mean the debt is statute barred. All defaults are removed after 6 years paid or not.

In England and Wales the Limitation Act relevant 6 year period on a credit card debt commences for all practicality on the date a contractual payment was due and not made after which no further payment or unequivocal written acknowledgment of liability was ever made.

Any payment to any party in that 6 year period restarts the clock again.

What is the exact date of the default? When did you last make a payment?

nem

[richwannabe]

Re: Statue Barred or not ?

I have been digging out all paperwork and to my knowledge the last payment was on 27/08/09 ,its been passed around since then to 5 different DCAS

[richwannabe]

Re: Statue Barred or not ?

According to my records the last payment was on 27/08/2009

[FlamingParrot]

Re: Statue Barred or not ?

I have been digging out all paperwork and to my knowledge the last payment was on 27/08/09 ,its been passed around since then

In that case, it's not yet SBd as it's not even been six years since you last made a payment and the clock doesn't start from the date of last payment but from the cause of action. :ohwell: The creditor would have had no cause to take action right after you've made a payment as they'd have no way of knowing no further payments would be made. The cause of action would be AT LEAST one month after that (when you first missed a payment) and some judges have argued it doesn't start to run till the bank issues a DN!

In any case it's not yet SBd so I'd hold off sending any SBd letters. :hand:

[richwannabe]

Re: Statue Barred or not ?

A company called Credit Solutions had the debt in January 2010 so I guess the Statue Barred comes in around September 2015 - January 2016 ?

[FlamingParrot]

Re: Statue Barred or not ?

A company called Credit Solutions had the debt in January 2010 so I guess the Statue Barred comes in around September 2015 - January 2016 ?

It makes no difference how many DCAs have been assigned the account, the cause of action is not altered by assignment, only by payment or written acknowledgment (as in making a repayment offer).

More likely to be a bit later than September. Trying to ascertan the exact date is only important if they issue a claim because the clock stops at the time the claim is issued. If not, it's best to let sleeping puppies snooze away.

If they start chasing in the near future, do post up, :typing: you may be able to argue CCA points whilst the clock ticks away in the background :clock: without alerting them to the fact that it's about to go SBd. :tinysmile_kiss_t4::tinysmile_kiss_t4::tinysmile_k iss_t4:

[nemesis45]

Re: Statue Barred or not ?

According to my records the last payment was on 27/08/2009

As long as no payments or any unequivocal written acknowledgment has been made to any of the DCA's in the last 6 years you can take the start of the 6 year period as 0ne Month after the last payment.

However there is a discrepancy here we have a " default date August 2009" and "last payment date 27/08/2009" clearly one o these dates is inaccurate??

nem

[richwannabe]

Re: Statue Barred or not ?

The CCA I received was a copy of the application form ( taken out in 2004 ) and some typed sheets of terms and conditions

[nemesis45]

Re: Statue Barred or not ?

The CCA I received was a copy of the application form ( taken out in 2004 ) and some typed sheets of terms and conditions

This sounds like an attempt to create a "reconstituted" agreement may or may not satisfy the CCA request but with 2004 agreement highly unlikely to be acceptable in court.

Could you clarify the dates as in post#9 please.

nem

[richwannabe]

Re: Statue Barred or not ?

last payment made was 27/08/2009 , as the credit reference file dosent show this anymore I cant check the default date , I had it written in my diary but I could have made a mistake here , however the debt had been passed to Credit Solutions in January 2010 , I certainly haven't paid them or acknowledged the debt since I paid Capital ONE ON 27/08/2009

[nemesis45]

Re: Statue Barred or not ?

last payment made was 27/08/2009 , as the credit reference file dosent show this anymore I cant check the default date , I had it written in my diary but I could have made a mistake here , however the debt had been passed to Credit Solutions in January 2010 , I certainly haven't paid them or acknowledged the debt since I paid Capital ONE ON 27/08/2009

Ok Capone are fairly quick to register defaults so at a guess 0n 3 months payments missed end Nov 2009 for a default being registered.

It might be worth checking one of the main CRA's Equifax/Experian for confirmation both have 30 day free trials.

Would fit to the sale to CS in Dec 09/ Jan 10.
relevant 6 year period starting 27/09/2010 or later.

nem

[richwannabe]

Re: Statue Barred or not ?

Ok , have been on Equifax and the debt is on there under Lowell and the default date is definatly 31st August 2009 , can only presume that Capital One defaulted quickly as I was paying very minimal amount doing a self managed DMP

[nemesis45]

Re: Statue Barred or not ?

Ok , have been on Equifax and the debt is on there under Lowell and the default date is definatly 31st August 2009 , can only presume that Capital One defaulted quickly as I was paying very minimal amount doing a self managed DMP

The last payment was paid via the DMP ??
It is normal practice to default any account that goes into a DMP.


nem