Statute barred Overdraft

[SXGuy]

I received a letter from these the other day regarding my mothers old Lloyds credit card, it included the same discount and the same paragraph regarding being unable to take court action. In my case it is indeed SB as its been over 6 years since last payment. But i do wonder if they are mail shotting everyone with the same wording.

[Warwick65]

A minor disagreement won't make me stop posting, its just I am very busy at the moment. I am however a stubborn so and so ( I blame my Yorkshire half) and don't take being told off very well. I am sure Roger and myself can rub along quite ok

[Still Waving]

If I may be allowed to intercede - I consider you both to be valued contributors, and it would be unfortunate indeed if a misunderstanding or difference of opinion escalated to the point where one of you ceased to contribute.

[Warwick65]

I post when I have the time and if there is a thread where I feel I can provide useful insight

Remember most of my debts were pre 2007 although the only one (to date) that has tried court had a perfectly correct and legible agreement yet they failed miserably in court.

[Roger]

Warwick 65
We have other members who are currently proceeding down the complaints with FOS path perhaps your experience with this could help them and others of a similar ilk.

"..

Complaints to the FOS are only once you have completed the organisations formal process and had a final response - or if they have not replied within 8 weeks.

I have used the FOS to some success on pay day loans which I haven’t heard of now for several years ,,"

As you also realise we have other members wrestling with Overdrafts so with your providing the missing background I am sure that you could also help them.

[Warwick65]

Roger

Lets get something straight. I do not need to be told off by you.

I made the post to give people hope that overdrafts can and do go statute barred - nothing more nothing less, if I had been asking for advice you would have known

I was not expecting you or anyone else to tell me what I should or should not be doing. I have been dealing with my debts for a very very long time.

CONC is, in my opinion useful at times but in reality has lots of get out of jail free cards for creditors , just as the PAP do

The moral of this story- if you do not know the background ask and don't make assumptions. That is where Di is so wonderful- she can get the pertinent details out of people before making any suggestions

[Roger]

Warwick65

If I might point something out, as much my fault as your own.
You have made an Entry with NO background NO Diary link.
My innocent mistake was to mention CONC based on the brief information that you had provided.
Now your reply was to immediate provide further background information, now without a Diary entry background how could I nor anybody else could have known this information?

My mistake here is actually that I didn't ask you for the background Diary details behind Intrum's letter!

Providing CONC information is useful BUT please do not expect me or indeed anybody else on AAD to be a clairvoyant with respect to the background of this Overdraft!
If the Diary exists it would be helpful to share this with US and your experience here.

[Roger]

" ..In any case, and I bet this goes for lots of people - if they really really looked hard at all the letters written to them and Halifax in the last 6 years they might just find something a Judge might consider an acknowledgment.."

I am not. or at least not intending, to argue.

Elsewhere you have contributed excellently on good filing and using I believe Cloud documentation which can be made available to Legal representative. Excellent ideas

The Pen is mightier than the sword.

In my own experience some of the letters I have received from lenders might just be adjudge as being actually derisory of the LAW. Something that they wouldn't want perhaps want placed in front of a Judge!

And CONC has worked for me. Of course that might not be appropriate in every Case. Hypothesis is no replacement for the specifics of an actual Case.

AAD has always encouraged me and others to take control of our own Case circumstances so that we can make informed decisions of what is right for Us. Not always the UE route sometimes a F&F.

[Warwick65]

No point arguing but I do not agree about it being explicit. It is very subjective because they make the decision as to what a valid dispute is.

[Roger]

Hi Warwick65
I keep one Debtor at arms length for over six months over their Complaint resolution and pointing out I had six months to take this to the Authorities.

Complaints to the Financial Ombudsman Service and initiating legal proceedings
CONC 7.15.10
A lender must not initiate legal proceedings in relation to a regulated credit agreement where the lender is aware that the customer has submitted a valid complaint or what appears to the firm may be a valid complaint relating to the agreement in question that is being considered by the Financial Ombudsman Service.

As far as tactics go, couldn't agree with you more silence is golden. But I would point out that following a investigation and their resolution/decision THEN armed with a SAR (see what has transpired) why not make a Nuisance of yourself!
Perhaps not ever time BUT the FOS CONC 7.15.10 is pretty explicit over legal proceedings isn't it?

[Warwick65]

That’s the whole point

AAD is all about tactics , sometimes it is best to let these things lie rather than make a nuisance of yourself and bring your name to the attention of someone who might just decide to do something about it.

Complaints to the FOS are only once you have completed the organisations formal process and had a final response - or if they have not replied within 8 weeks.

I have used the FOS to some success on pay day loans which I haven’t heard of now for several years

But , and this may be a jaded response
The FOS and FCA aren’t really there to help us, they are there because they have to be - it’s paying lip service to treating people fairly and god alone knows what will happen over the next few years as we continue with new right governments and no oversight from higher bodies - but that’s a whole new argument

[Warwick65]

That’s the whole point

AAD is all about tactics , sometimes it is best to let these things lie rather than make a nuisance of yourself and bring your name to the attention of someone who might just decide to do something about it.

Complaints to the FOS are only once you have completed the organisations formal process and had a final response - or if they have not replied within 8 weeks.

I have used the FOS to some success on pay day loans which I haven’t heard of now for several years

But , and this may be a jaded response
The FOS and FCA aren’t really there to help us, they are there because they have to be - it’s paying lip service to treating people fairly and god alone knows what will happen over the next few years as we continue with new right governments and no oversight from higher bodies - but that’s a whole new argument

[Roger]

CONC doesn't get a lot of mention on AAD. Neither does the subject of complaint.
With a complaint you have up to six months to refer responses to the Regulatory Authorities, which can of course eat up time.

There are legal tactics and also regulatory tactics. The FCA handbook and especially CONC is well worth looking at.
https://www.handbook.fca.org.uk/handbook/CONC/

[Warwick65]

That's the thing though Roger - I have not told them it is SB it is them telling me

Additionally I do not think 1 letter in the last year is really petering and as they have been in touch with me during the past 6 years 7.15.4 is irrelevant

In any case, and I bet this goes for lots of people - if they really really looked hard at all the letters written to them and Halifax in the last 6 years they might just find something a Judge might consider an acknowledgment

Therefore unless it becomes a problem why rock the boat.

However, I might think about contacting a solicitor about the bank charges that are on there or try to reclaim them myself from Halifax in 6 months or so

[Roger]

I know some people claims are issued on overdrafts before they become SB or indeed they can not become SB. Received this letter today which says differently
Now the debt was under £1K and the bank did issue a S87(1) DN but I just loved the paragraph after the offers

They are pestering and attempting to recover a statute barred debt!
I should report them!

Read this https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

CONC 7.15

Statute barred debts

CONC 7.15.8

R

01/04/2014

A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

[Note: paragraph 3.15b of DCG]


CONC 7.15.4

R

01/04/2014

Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period.
[Note: paragraph 3.15b of DCG]