Statute Barred --- Or not?

[marypoppins]

I have a few cards that are due to become statute barred around the middle of this year.

Or at least that's what I thought until a couple of days ago.

Hence this new thread.

I was advised that the SB clock re-starts at the point of a claim being issued, which means that another few years would have to be added to two of mine.

However, I have tried to research this a bit more tonight and it seems that the clock only re-starts if the claim is followed through and a judgement is entered.

If it is stayed or discontinued, then the clock remains as at the original cause of action after the last payment was made or the debt acknowledged.

Clarification on this would be much appreciated please?

[MrsD]

Re: Statute Barred --- Or not?

personally, (remember I have no legal training) if you have defended an action, you've admitted it, unless your defence is that it is not your debt and the court agrees. just my way of looking at it

[Pixie]

Re: Statute Barred --- Or not?

I've asked if someone with legal knowledge can clarify this marypoppins.

I've been googling and have got a little confused

[Never-In-Doubt]

Re: Statute Barred --- Or not?

I have a few cards that are due to become statute barred around the middle of this year.

Or at least that's what I thought until a couple of days ago.

Hence this new thread.

I was advised that the SB clock re-starts at the point of a claim being issued, which means that another few years would have to be added to two of mine.

However, I have tried to research this a bit more tonight and it seems that the clock only re-starts if the claim is followed through and a judgement is entered.

If it is stayed or discontinued, then the clock remains as at the original cause of action after the last payment was made or the debt acknowledged.

Clarification on this would be much appreciated please?

You are correct in what you say - the cause of action is paused throughout proceedings but if you win, then it is as if the claim never existed so you can ignore it and SB would recommence as though the claim never occurred. Anyway, if you win in court then you'll unlikely ever have to repay anything .

So to clarify, it could be a case that had a claim issued the day before SB, things pause, the court case does it's own thing, and if you win then after a day of judgment you'll be SB but if you lost then you'd not worry about SB anyway as you'd be told by the court to pay or face a CCJ.

[Never-In-Doubt]

Re: Statute Barred --- Or not?

if you have defended an action, you've admitted it

Not quite...... as said, the cause of action is paused throughout proceedings until judgment.

You win - then SB clock carries on / you lose - then panic

I've asked if someone with legal knowledge can clarify this marypoppins.

I've been googling and have got a little confused

Just ask - help is always round the corner

[marypoppins]

Re: Statute Barred --- Or not?

Thanks everyone, I'll put the files back now and fingers crossed I get to July (ish) without any further hassle and that will be three out of the way, possibly more but they've disappeared from Noddle!

[Pixie]

Re: Statute Barred --- Or not?

You are correct in what you say - the cause of action is paused throughout proceedings but if you win, then it is as if the claim never existed so you can ignore it and SB would recommence as though the claim never occurred. Anyway, if you win in court then you'll unlikely ever have to repay anything .

So to clarify, it could be a case that had a claim issued the day before SB, things pause, the court case does it's own thing, and if you win then after a day of judgment you'll be SB but if you lost then you'd not worry about SB anyway as you'd be told by the court to pay or face a CCJ.

Thanks Nids. That's logical when you think about it.

Just ask - help is always round the corner

I did

[PlanB]

Re: Statute Barred --- Or not?

that will be three out of the way, possibly more but they've disappeared from Noddle!

That'll be because the Defaults have reached their 6 year anniversary. At that point all record of your file is removed from the CRAs regardless of when the debt is due to be SB.

In my case my accounts defaulted when the Credit Crunch eventually bit me so I got Defaults in 2009. I then wasted a year in a DMP so I made my last payments in 2010. This means all trace of my debts will fall off the DCAs this year but they won't become SB until 2016.

People often confuse the two diary events. And Lowells use it to confuse the debtor when threatening and sometimes actually issuing legal proceedings. This abuse needs to stop.

[marypoppins]

Re: Statute Barred --- Or not?

Thanks PlanB, I will keep an eye on them all on Noddle and see when they go. I was wondering whether to check what's on experien and equifax but I seem to remember that doing this will trigger something so it may be best left alone?

I went straight down the unenforceable route in 2009 so will be wishing this year away!

The only regret I have is that I waited another year for one of my cards which just happened to have the biggest balance!

Lowells are the pits but we keep fighting them off!

[julian]

Re: Statute Barred --- Or not?

This bit I don't quite understand.

If it is stayed or discontinued, then the clock remains as at the original cause of action after the last payment was made or the debt acknowledged.

Discontinued is when the claimant withdraws the case and so the SB date remains the same.

Stayed is when the claimant has made a claim but has failed to provide a response to the defence, or has asked for a stay, and a stay can be lifted at any time, albeit with a few problems if the claimant waits several years.

I am querying whether a stay pauses the claim and therefore SB until lifted. Is a stayed claim ever expired?

[Never-In-Doubt]

Re: Statute Barred --- Or not?

This bit I don't quite understand.

If it is stayed or discontinued, then the clock remains as at the original cause of action after the last payment was made or the debt acknowledged.

Discontinued is when the claimant withdraws the case and so the SB date remains the same.

Stayed is when the claimant has made a claim but has failed to provide a response to the defence, or has asked for a stay, and a stay can be lifted at any time, albeit with a few problems if the claimant waits several years.

I am querying whether a stay pauses the claim and therefore SB until lifted. Is a stayed claim ever expired?

A stay would pause the claim - as it would with SB clock, so technically a creditor could leave a debt stayed for 5 years - but they'd struggle to do much with it after such a long period, however it'd be SB paused as long as the stay remains. However so what - if it's stayed they aren't chasing you and they can't pursue it unless they get agreement to lift the stay, in which case you fight your corner - surely?

[julian]

Re: Statute Barred --- Or not?

Nit (Nid) picked. Thanks.

It has been itching, now scratched.

A stay 'should' be used to gather more evidence, as in a medical case where injury may become better or worse. There appear to be certain expiry times for stays on other cases, but no definitive time period on debt. Unfortunately, certain DCAs seem to make claims without documentation and hope for the defendant to cave in. Many do.

It would be preferable to have the stay automatically expire after 3 months for debt, but the legislators seems to have missed this. My fear would be to have a stay in place making SB unobtainable, then to find a change in the law enabling such claims to rise up.

[marypoppins]

Re: Statute Barred --- Or not?

My two were 'stayed', perhaps I should have applied for a strike out but hadn't realised the relevance at the time regarding Statute barred!

Although I won't be losing sleep over them as the claims were from Dec 2010 & May 2012, so I guess they're still looking for the paperwork!

[Never-In-Doubt]

Re: Statute Barred --- Or not?

Nit (Nid) picked. Thanks.

It has been itching, now scratched.

A stay 'should' be used to gather more evidence, as in a medical case where injury may become better or worse. There appear to be certain expiry times for stays on other cases, but no definitive time period on debt. Unfortunately, certain DCAs seem to make claims without documentation and hope for the defendant to cave in. Many do.

It would be preferable to have the stay automatically expire after 3 months for debt, but the legislators seems to have missed this. My fear would be to have a stay in place making SB unobtainable, then to find a change in the law enabling such claims to rise up.

Well once it's stayed you're protected from new action. So lifting it only actually allows the creditor to start new action.

I agree the system is crap but it works well for a lot of debtors, in the main

[Never-In-Doubt]

Re: Statute Barred --- Or not?

My two were 'stayed', perhaps I should have applied for a strike out but hadn't realised the relevance at the time regarding Statute barred!

Although I won't be losing sleep over them as the claims were from Dec 2010 & May 2012, so I guess they're still looking for the paperwork!

Again - a strike out ends THAT action, who's saying they won't issue a new claim? Like in your case these are dead. There's no judge on this planet will allow the claim to "simply restart" after 5/3 years respectively.

You're probably safer with two stays right now tbh