Statute Barred --- Or not?

[marypoppins]

Re: Statute Barred --- Or not?

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

Agreed Niddy, thank you

[marypoppins]

Re: Statute Barred --- Or not?

Hi, there's something being discussed on another forum regarding SB, which has got me thinking.

If a creditor has nicked some money under the offset rule, would this payment extend/change the SB period?

Barclays cleared out my deposit account for my Barclaycard (I know, I was much too slow get get it shifted!) It's never in credit now and I have got another account elsewhere. I just keep the Barclays account because it's useful for the mobile app.

[Undercover Elsa]

Re: Statute Barred --- Or not?

I wouldn't think so Mary. That would be classed as an internal adjustment, not a payment made by you.

[julian]

Re: Statute Barred --- Or not?

If you have given permission to offset, albeit tacitly being ensconced 5 pages into the Ts&Cs, then haven't you paid by proxy? So valid payment?

This appears to be en par with authorising a Direct Debit which also depletes your bank account for any payment within your overdraft limit, however unwelcome or invalid the request may be. Otherwise no payments have ever been made to a credit provider where a DD was in place.

[marypoppins]

Re: Statute Barred --- Or not?

It's a difficult one isn't it?

How could you prove that you didn't make the payment?

Unless the creditor sent you notification of taking the payment from your account. I know I had a letter but I'm not sure if I kept it!

[Never-In-Doubt]

Re: Statute Barred --- Or not?

If a creditor has nicked some money under the offset rule, would this payment extend/change the SB period?.

No. In order to affect SB (reset the clock) YOU must either sign a letter admitting the debt (i.e. "I agree to repay my debt at £10pm") or if YOU repay funds into the account.

[Never-In-Doubt]

Re: Statute Barred --- Or not?

It's a difficult one isn't it?

How could you prove that you didn't make the payment?

Unless the creditor sent you notification of taking the payment from your account. I know I had a letter but I'm not sure if I kept it!

Not difficult at all - you don't need to prove anything. The burden of proof is always on the claimant.

They must prove that YOU paid it in. If you didn't then you'd simply deny it and argue that fact if and when it ended up in court.

[Never-In-Doubt]

Re: Statute Barred --- Or not?

If you have given permission to offset, albeit tacitly being ensconced 5 pages into the Ts&Cs, then haven't you paid by proxy? So valid payment?

No. SB is statute - offsetting is not hence the statute which is the Limitation Act (1980) will supersede any internal policies by the bank and thus unless you actually authorised payment or made it yourself then it does not count and has no effect on the cause of action.

Lowells used to try and add the £1 CCA fee to the account, until they realised (from us beating them so much) that their argument was flawed.....

[marypoppins]

Re: Statute Barred --- Or not?

Hi Niddy, thank you for clarifying.

[Never-In-Doubt]

Re: Statute Barred --- Or not?

everyone happy?

Good

[julian]

Re: Statute Barred --- Or not?

Still an itch on this re Direct Debit.

So I you have Direct Debit, say with Egg and there is no money in you account, £110 not paid when due, Day 1.

They, not the bank, resend the DD on Day 4, when there is no money, rejected again with the £20 bank fee.

Resend Day 10 rejected etc

Resend Day 20 rejected etc

Day 31 DD for £240 rejected

Day 35 DD for £240 rejected

Day 40 DD for £60 paid

Day 50 DD for £180 rejected

and on an on

In this case the DD was authorised the full amount monthly. It seems like their clerks decide tactics to extract what they can. So when has the authorisation lapsed, if ever?

In some cases the banks cancel DD after 3 failed attempts. Other banks will not let customer cancel only beneficiary.

[marypoppins]

Re: Statute Barred --- Or not?

I'd be very surprised if a direct debit would be repeatedly requested.

Possibly once more but then you should be advised of a problem in order to make other arrangements to pay.

It usually takes approx 10 working days to set it up to be requested again.

[julian]

Re: Statute Barred --- Or not?

Definitely a DD on the account, as shown in DD list until deleted and on the account statement. I know there are arrangements to pay which are slightly different and not under the same regulation.

Definitely resubmissions for full amount and then dribs and drabs over an extended period of penury, catching the occasional full or partial payment to the detriment of vital payments until I found I could cancel the DD. Of course they threatened fire and brimstone by phone, text and email. They did not tell me what and when they were resubmitting just reminding me to pay and threats.