Statute Barred -- is there a section that goes into detail about this?

[lookingforward]

Re: Statute Barred -- is there a section that goes into detail about this?

Thanks Pixie, I'll hold on and see what transpires

[cymruambyth]

Re: Statute Barred -- is there a section that goes into detail about this?

I've just from robway regarding an old Cahoot account that states:-

We have prev tried to contact you but have not heard from you. We want to find the right solution to help you clear the debt but if you don’t contact we cant set up a payment plan for you.
Typically when a customer doesn’t contact we may consider the following options:-
Send an agent to home,
Refer to clients solicitors and ask them to issue a CCJ claim,
Tell the CRA’s (if it is less then 6 yrs since the default date),
Try to contact by phone.

These are last options and before we do take legal action or send a field agent to your home we will tell you what we intend to do. We would prefer to find the right solution so please get in touch by the 28.1.17.

Now this was defaulted back in 2005 however I then made payments via a DMP until my last payment in April 2010 so nearly 7 years now and no further DN has been rec'd.

Should I just ignore or write and tell them it's SB as I don't want the hassle of replying to any possible CCJ paperwork

Don't be surprised if when you notify them that it is SB they find a payment that you made during the last 6 years - I paid 1p!

[lookingforward]

Re: Statute Barred -- is there a section that goes into detail about this?

Don't be surprised if when you notify them that it is SB they find a payment that you made during the last 6 years - I paid 1p!

What happened ?

[cymruambyth]

Re: Statute Barred -- is there a section that goes into detail about this?

It's at stalemate. Occasionally they send letters and we ignore them!

[lookingforward]

Re: Statute Barred -- is there a section that goes into detail about this?

They've kindly sent me a letter offering various monthly payment options to clear the debt which is still outstanding if I contact them by the 10th..

Think I'll pass

[Pip]

The Limitation Act 1980 refers to six years from the cause of action (excludes mortgage shortfalls and secured loans), but gives no indication as to what the cause of action may be. Missing a payment could be considered a cause of action, hence the idea that the clock starts to run from when you first miss a payment, however, there have been times where the courts haven't agreed with this. For example, it has been argued that, since the Consumer Credit Act requires a default notice to be issued before the creditor can terminate the agreement, the cause of action would only start after a DN has been issued and the period to remedy the breach expired. It is often at the discretion of the court to establish when the cause of action occurred.

It's a good idea to allow some extra time to be on the safe side, and this means not rushing to tell the creditor that the debt is statute barred, in case they try a last ditch attempt at getting a claim in to stop the clock. It's a common myth that a claim cannot be issued for a SBd debt, this isn't true, SBd is a procedural defence, a claim can still be issued and should be defended in the usual way. SBd is an absolute defence, provided you've got your dates right. Many people forget having made token payments after defaulting and some creditors, notably Lowell, have been known to make up random phantom payments.

If a claim is issued and not acknowledged or defended, the creditor can request a default judgment in the usual way, this is an administrative procedure where the court does not look at the merits of the case. If that happens, you would have to apply to have the CCJ set aside. It's wise to keep an eye on the post and make sure it's not going to an old address even if your debts are SBd for that reason.

It's a good idea to string your creditors along (without acknowledging the debt!) for a while, before dropping the bombshell that the debt is SB. For example, Cabot bought my Egg card in January this year and my statements show last payment made Dec 2009. Rather than rushing to tell them it's SBd, I sent a CCA request which took them till April to respond to, then they sent just some database entries with my personal details but not a single term, arguing it was an internet application, but it was from 2002. As they didn't chase me, I didn't reply saying there were missing terms or anything. They unleashed Fidelite who have only threatened home visits and no legal action, so they've been duly ignored. In fact, they left a card saying they'd paid me a visit, shame I was away for a while. As it's now coming up to seven years since last payment, if and when they write again, I'll finally give them the news that it's SBd, the argument should be much more watertight now than it was back in January.

Just rekindling this thread more than a year on!
I think all my accounts are statute barred now, but from the advice already given in this whole thread, I realise it's best to just keep quiet about SB until it becomes a certainty and if DCAs/debt owners become threatening.
I've been fortunate enough to have been at the same address since the start of my UE journey. But are those who move house at a disadvantage? I have no plans to move (although who knows what's in the landlady's head ...) but if say threats came two years after moving somewhere else and if I don't get the letters, could CCJs be issued e.g. two or more years after SB without my knowledge? Do they have a way of identifying old old debts and then realise that they aren't worth pursuing to the point of shoving them through the courts? Or do you always have to be on your toes/on tenderhooks with this until the end of time? [snowing here right now!]

[Still Waving]

I've been fortunate enough to have been at the same address since the start of my UE journey. But are those who move house at a disadvantage? I have no plans to move (although who knows what's in the landlady's head ...) but if say threats came two years after moving somewhere else and if I don't get the letters, could CCJs be issued e.g. two or more years after SB without my knowledge? Do they have a way of identifying old old debts and then realise that they aren't worth pursuing to the point of shoving them through the courts? Or do you always have to be on your toes/on tenderhooks with this until the end of time? [snowing here right now!]

That's a point which interests me too. I moved 6 years ago this month, and have managed to keep mail redirected, and will for another year. All debts should be SB at end July this year. If I don't have any redirected mail after April next year, could I conceiveably fall victim to a default CCJ later?

[Roger]

That's a point which interests me too. I moved 6 years ago this month, and have managed to keep mail redirected, and will for another year. All debts should be SB at end July this year. If I don't have any redirected mail after April next year, could I conceiveably fall victim to a default CCJ later?

Have a look here FCA CONC 7.15 Statute barred debts

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

[Joanna Connolly Solicitors]

Have a look here FCA CONC 7.15 Statute barred debts

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

Sadly FCA guidance won’t prevent a debt owner from issuing a claim if they believe the debt is not Statute Barred.

And what about the debt purchasers which aren't authorised and regulated by the FCA . . .

Di

[Joanna Connolly Solicitors]

if say threats came two years after moving somewhere else and if I don't get the letters, could CCJs be issued e.g. two or more years after SB without my knowledge? Do they have a way of identifying old old debts and then realise that they aren't worth pursuing to the point of shoving them through the courts?

A debt owner can issue a claim at the “last known address”.

However they are supposed to carry out due diligence to establish if you are living at that address which is usually done by checking your CRA file to see if you’re on the electoral roll or whether there’s a linked address showing for you.

Some unscrupulous debt purchasers/lenders (no names mentioned) check your CRA file and then deliberately issue a claim at the old address knowing you won’t get it so they can obtain a Default Judgment.

Under CPR 13.2 it’s mandatory for the court to set aside the CCJ if you make an Application supported by a Witness Statement evidencing why they should have known you weren’t living there, but it’s stressful and the Judgment Creditor may successfully argue that it was your “last known” address if you didn’t give them a forwarding address.

You may not even know you have the CCJ until you get a bailiffs Warrant in the post having traced your new address. So it’s best to keep Mail redirection in place for as long as possible (Royal Mail extended their service to four years).

Di

[Still Waving]

Some unscrupulous debt purchasers/lenders (no names mentioned) check your CRA file and then deliberately issue a claim at the old address knowing you won’t get it so they can obtain a Default Judgment.

Di

I had this scenario with Shoosmiths writing on behalf of Arrow Global, despite the fact the the NOA from AG was sent to the correct current address. Fortunately the Shoosmiths letter was redirected so I was aware of what they were threatening to do.

[Spent2much]

when should we check our credit file after SB ?

[cymruambyth]

If you check your credit record it may prompt a flurry of activity from creditors, so if you want to check wait 2 or 3 months after when you are certain that they are all SB.

[DNW]

Glad I spotted this thread as I’d asked a similar question in a different forum area a few days ago and wasn’t sure when I should be checking my credit files.

[Spent2much]

So is there still a danger of court action after sb ?