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Re: TTC - OH Capital One Diary
For Info:- From Stepchange:- to me on 20/08/2015:- For regulated debts, the six years starts from the point the creditor is entitled to take legal action for the whole balance according to the terms of the agreement, not the date the default notice was issued or expired as some creditors will claim. This is because the creditor could unfairly prolong the limitation period by delaying sending the default notice, for example if it took the creditor over a year to send the default notice then that would give them another year to collect the debt. That kind of action would be unfair to you. To accurately work out the start of the limitation period, we would suggest you check the terms of the agreement and the date of your last payment. The agreement should indicate how many payments you have to miss or how far behind you can get with the payments before they would be entitled to take legal action against you to collect the debt. So the six year limitation period starts from whichever of these is the most recent: · The date of default worked out according to the agreement (not the date of the default notice) · The date of the last payment · The date of the last written acknowledgement Based on the information we have, it is difficult to say exactly when the six year period started. If the creditor believes that the limitation period is coming to end then they can consider taking legal action against you, as if they obtained a valid county court judgment then it would stop the debt from ever being statute barred. If you believe the debt is statute barred then the court would give you an opportunity to file a defence to the action. If legal action is taken against you then you might want to consider getting legal advice before filing your defence with the court. You can get impartial legal advice from either your local Citizens Advice Bureau or Civil Legal Advice. They might also be able to comment on the potential fees and costs involved. I hope this helps. Richard Web Advisor From: Q&A Subject: Re: StepChange  0.88 GB (5%) of 15 GB used Manage Terms - Privacy Last account activity: 43 minutes ago Details |
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