Autistic man received letter from Restons.

[Amethyst]

Re: Autistic man received letter from Restons.

see 29(7) LA 1980

[Openlaw15]

Re: Autistic man received letter from Restons.

The 6 year period cannot be extended any if any creditor/ debt collection agency says so they will get into trouble, as FCA allude.

[Amethyst]

Re: Autistic man received letter from Restons.

The 6 years is from last payment/acknowledgement of the debt. If a payment/acknowledgment is made within the first 6 years then the clock does indeed reset - however if that payment/acknowledgement is made after 6 years it does not. That's the Limitations Act 1980.

So looking at the FCA CONC Regs ( 7.15 ) they are saying that if the lender/owner of the debt hasn't bother contacting the debtor for over 6 years then they can't suddenly start hassling them for payment - the debt is legally statute barred by virtue of the limitation act - but the FCA add in to that that consumer credit authorised firms must not attempt recovery if there has not been contact for over 6 years ( and must not mislead debtors into thinking a debt is not statute barred when it is) In England & Wales statute barred debt is recoverable, but not through court. In Scotland ( where it is 5 years) the debt is no longer recoverable at all once statute barred.


Back to the matter in hand CONC 7.10 may be relevant in this case.

[magic8ball]

Re: Autistic man received letter from Restons.

The Royal Mail signed - for tracking numbers show that the request for the CCA was received by both Lloyds and Cabot but no CCA has been produced by either party. It's 17 working days since the letters were received by them.

A county court claim form has been received in the meantime and he has til the 1 Feb to submit it.

What could the next steps be?