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**Never-In-Doubt** · 26 August 2011, 15:21

Re: Failed IVA, very old debt - can I be chased for it.

Originally posted by rizzle View Post

I never thought something would lower my opinion of Lowells even father then it already is.

That incompetence is just mindblowing!

Do you know why? yet again, same old mess-up as always, they had around 7 different advisers dealing with it so one was saying X whilst the other was saying Z - polite way of saying the left arm didn't know what the right was doing!

I suppose in a way the fact they (debtors) were sending so many letters in, it was only a matter of time before the poor staff at Lowells got confused. So IIRC it started with Mrs paying over the phone 4 months prior to Limitation kicking in, MR refused this and wrote in after 6 years saying his was SB and they wrote back agreeing, Mrs then wrote in and offered £1750 as F&F as it was Statute Barred and they wrote back accepting it. She paid, they then wrote back thanking her and confirming the whole account was now partially settled and closed. They even removed it from the CRA's (but as it was 6+ years old, it'd have gone anyway)...

So if you are still following, count the errors.....

Lowells, competent? I'm saying nuffin guv

**CleverClogs (RIP)** · 26 August 2011, 17:26

Re: Failed IVA, very old debt - can I be chased for it.

Originally posted by Never-In-Doubt View Post

Lowells, competent? I'm saying nuffin guv

OK - how about culpable?

**Never-In-Doubt** · 30 August 2011, 08:25

Re: Failed IVA, very old debt - can I be chased for it.

Originally posted by CleverClogs View Post

OK - how about culpable?

Perfect

**brewster0101** · 30 August 2011, 12:00

Re: Failed IVA, very old debt - can I be chased for it.

Right... Update

Got hold of deft free direct today after many phone calls. They officially failed my IVA on the 04.05.2007 - although I am certain I made no more payments after August 2006. Now I also found this on another forum from an advisor to a person with a similar problem.

Not sure about forum rules, so I won't post the link...

'The rules surrounding statute barred debts seem to be murky and unproven. However, my current understanding of the Limitations Act 1980 (which is where the statute barred legislation hails from) is that the clock starts ticking from the time the creditor stated that the debt was in default and demanded full payment. If 6 years has passed but the creditor has made no further attempt to enforce the debt (ie not taken out a further CCJ against you) then the debt becomes statute barred whether a payment has been made towards the debt or not. If a CCJ is taken out, the 6 year clock starts from then again.'

**Never-In-Doubt** · 30 August 2011, 12:03

Re: Failed IVA, very old debt - can I be chased for it.

Originally posted by brewster0101 View Post

'The rules surrounding statute barred debts seem to be murky and unproven. However, my current understanding of the Limitations Act 1980 (which is where the statute barred legislation hails from) is that the clock starts ticking from the time the creditor stated that the debt was in default and demanded full payment. If 6 years has passed but the creditor has made no further attempt to enforce the debt (ie not taken out a further CCJ against you) then the debt becomes statute barred whether a payment has been made towards the debt or not. If a CCJ is taken out, the 6 year clock starts from then again.'

Nonsense, it is from the date of first missed due payment on the account, ie officially the starting point before any action (default) can be taken, so basically within 30 days of your last payment, is when the clock starts. ONLY making admission to the debt (not you as a person, ie SAR request etc) will affect it. Therefore sending a letter in saying I paid my debt back in 2005 IS admittance, as is sending a payment.

Otherwise, start counting 6yrs from the date of the very first missed payment.

**Never-In-Doubt** · 30 August 2011, 12:05

Re: Failed IVA, very old debt - can I be chased for it.

See this - and pay attention to the quote from CC ---> allaboutFORUMS - View Single Post - Helmsman UE Diary

**Riz** · 30 August 2011, 12:30

Re: Failed IVA, very old debt - can I be chased for it.

This post from Paul may also help.

Originally posted by Paul. View Post

Ok, attached is a case that assists with limitation debates that can arise.

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not. Simple as that.

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

People need to be sure that they arent being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

Swansea_City_Council_v_Glass._-_[1992]_2_All.pdf

**brewster0101** · 30 August 2011, 12:59

Re: Failed IVA, very old debt - can I be chased for it.

Thanks for everyone with their input - great help as always.

All these debts I had defaulted a while ago and no longer even appear on my credit file. They all defaulted over 6 years ago, even my failed IVA no longer appears on my credit file. My credit file is actually 100% clean apart from a NEXT account that they set up in error a few years back - but this is down as 100% green / ok and closed.

I am trying to evaluate the risks of putting my name officially on the electoral roll. I am trying to figure if I can just ignore these DCA's even if technically they know for sure where I live.

**CleverClogs (RIP)** · 30 August 2011, 13:22

Re: Failed IVA, very old debt - can I be chased for it.

Originally posted by brewster0101 View Post

Not sure about forum rules, so I won't post the link...

To protect the guilty?

As well as the other comments about this tiresome twaddle:

'The rules surrounding statute barred debts seem to be murky and unproven. However, my current understanding of the Limitations Act 1980 (which is where the statute barred legislation hails from) is that the clock starts ticking from the time the creditor stated that the debt was in default and demanded full payment. If 6 years has passed but the creditor has made no further attempt to enforce the debt (ie not taken out a further CCJ against you) then the debt becomes statute barred whether a payment has been made towards the debt or not. If a CCJ is taken out, the 6 year clock starts from then again.'

... it may be worthwhile pointing out that, despite various attempts by the swivel service and the kakistocracy then in power, it is still not quite possible for creditors to issue or "take out" a CCJ by themselves. It still requires a court.

**brewster0101** · 30 August 2011, 13:58

Re: Failed IVA, very old debt - can I be chased for it.

Originally posted by CleverClogs View Post

... it may be worthwhile pointing out that, despite various attempts by the swivel service and the kakistocracy then in power, it is still not quite possible for creditors to issue or "take out" a CCJ by themselves. It still requires a court.

Can't a DCA issue a default though against debt again - even if its already been defaulted.

**MrsD** · 30 August 2011, 14:15

Re: Failed IVA, very old debt - can I be chased for it.

they can put their name on the default but can't change the date, and its one default per debt, end of.

**brewster0101** · 30 August 2011, 14:26

Re: Failed IVA, very old debt - can I be chased for it.

Originally posted by evenlessdopey View Post

they can put their name on the default but can't change the date, and its one default per debt, end of.

Sorry, but let me double check I understand that.

If the original creditor has defaulted the debt already and this time (6 years )has passed, then a DCA can't default it again. They can't place a CCJ on my record (without the courts approval).

Is there anything I should really be concerned about?

**Riz** · 30 August 2011, 14:29

Re: Failed IVA, very old debt - can I be chased for it.

Originally posted by brewster0101 View Post

Sorry, but let me double check I understand that.

If the original creditor has defaulted the debt already and this time (6 years )has passed, then a DCA can't default it again. They can't place a CCJ on my record (without the courts approval).

No. They can't.

**Never-In-Doubt** · 30 August 2011, 14:41

Re: Failed IVA, very old debt - can I be chased for it.

This whole process is explained in the default section. Basically you can only be defaulted once for each debt, ie account, no matter how many times it changes hands/gets sold. That default lasts 6 years and pretty much sits there whether you pay or not until such time it gets superseded by say a CCJ.

So, lets say you're already 6+ years into the default then there will be no record of it, however they could still get a ccj after this, because although the default will have expired, it may not be statute barred thus they can still enforce it - so the only marker that could affect the default would be a ccj.

However, lets say you ignore a lender for a full 6 years then the debt becomes statute barred and the default would also drop off leaving this debt finished - dead - whatever you want to call it.

Make sense? One debt = one course of action (i.e. default / ccj)

**brewster0101** · 30 August 2011, 14:42

Re: Failed IVA, very old debt - can I be chased for it.

And based on the fact that in the over 4 years they've been trying to contact me, they haven't issued a court order or CCJ - One would assume they aren't going to and have no plans too.

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Failed IVA, very old debt - can I be chased for it.

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