UE - SIX Years On!

[helmsman]

Re: UE - One year on - now SIX years

Unfortunately there isn't a definitive answer it would appear it would be something that would have to be thrashed out in court between an individual judges opinion and a solicitor.

Many of us are at that crossroads right now where we've reached a month and a day after last payment but DN's were issued at various dates way beyond that missed payment date.

But let's not get despondent even if it is DN date before it becomes SB, we've held it together for 6 years and we can go on for a bit longer if necessary, and remember if any creditor does start to get heavy we have a great legal team to fight our corner.

Good luck guys & gals we can see light at the end of the tunnel

Hi
So assuming DN has gone ie 6 years and 6 years 1 month and a day has gone since last payment we can send SB letter to the pests?
Helmsman.

[SaltnVinegar]

Re: UE - One year on - now SIX years

So is there a definitive answer on when the SB kicks in for certain. I could go searching through all my paperwork looking for DN's but there's an awful lot of paperwork so would rather not if I don't have to

The best thing to do is if you're close to the 'commonly agreed' SB date (and not getting drawn into the Default Notice debate), is to just keep your head down.

If you draw a creditors attention to the fact the debt is close to SB then you risk them issuing a speculative claim to stop the SB clock. Best thing to do is either ignore anything thats not a threat of legal action, or bog them down with correspondence (depending on circumstances).

Important thing now is not to stress over it, which is easier said than done, but if you've managed to make it almost 6 years you don't want to trip up at the last hurdle by being impatient.....

[alland]

Re: UE - One year on - now SIX years

So is there a definitive answer on when the SB kicks in for certain. I could go searching through all my paperwork looking for DN's but there's an awful lot of paperwork so would rather not if I don't have to

Unfortunately there isn't a definitive answer it would appear it would be something that would have to be thrashed out in court between an individual judges opinion and a solicitor.

Many of us are at that crossroads right now where we've reached a month and a day after last payment but DN's were issued at various dates way beyond that missed payment date.

But let's not get despondent even if it is DN date before it becomes SB, we've held it together for 6 years and we can go on for a bit longer if necessary, and remember if any creditor does start to get heavy we have a great legal team to fight our corner.

Good luck guys & gals we can see light at the end of the tunnel

[lookingforward]

Re: UE - One year on - now SIX years

So is there a definitive answer on when the SB kicks in for certain. I could go searching through all my paperwork looking for DN's but there's an awful lot of paperwork so would rather not if I don't have to

[Susie]

Re: UE - One year on - now SIX years

I can think of all sorts of problems. What if the OC didn't issue a DN? What if the DN was invalid? What if there is more than one DN? What if the last payment is later than the DN? I would have thought that any obvious evidence of deliberately delaying the SB would be against Parliaments intention with the SB Act. But hey who knows? Its a minefield of uncertainty at the moment.

Thats why I prefer to have the 2 dates, first is 80% likely to stand up in court as SB, the second date gives me the last 20% positivity!

[Roger]

Re: UE - One year on - now SIX years

I can think of all sorts of problems. What if the OC didn't issue a DN? What if the DN was invalid? What if there is more than one DN? What if the last payment is later than the DN? I would have thought that any obvious evidence of deliberately delaying the SB would be against Parliaments intention with the SB Act. But hey who knows? Its a minefield of uncertainty at the moment.

[Susie]

Re: UE - One year on - now SIX years

I think that 6 years and a day from the last payment due date, or after the last payment made if on a plan should be correct. I think for safety (for me) its better to wait intil 6 years from the default date to be totally safe, as I *think* that its possible that with the wrong judge they may be able to argue that it should be from the date of default. That would not be so bad if there was a set time frame to issue a default, but it seems that time before default can vary wildly between organisations.
I am not thinking mine are 100% safely SB until the second (default) target date is reached, which for me is mostly the end of this year or early next, even though if I was going by the last payments date it would be earlier.

[lookingforward]

Re: UE - One year on - now SIX years

Following on to my post above, is there a time limit within which default notices have to be issued ?
Thinking out aloud that the creditor could leave issuing one for years then send one and re-set the clock another 6 years

[lookingforward]

Re: UE - One year on - now SIX years

I am still keeping my fingers and toes crossed for a while that I get to the magic dates. I stopped paying later on a couple than others but the first ones are approaching SB from a payments stopped date but need a bit longer to get to the safety of the defaulted dates in case of anything happening and getting caught with the wrong judge who would say the default date is the one to go by.
Very well done to those who can now relax and let the letters come in without any worry, it must be like the start of a new life for you, and an even bigger well done to Niddy who has somehow managed to keep so many of us on track and stop much of the panic I for one got when letters arrived to get people to this point

Oooh I thought the last payment date plus a month was the SB holy grail, that puts a downer on my news as I'm not sure when the default dates were

[Phoenix]

Re: UE - One year on - now SIX years

Great news, Enforcer.

And, indeed, SB is a great place to be - could not have done it without Niddy and all my friends on here.

I recently compiled a list of Default Notices (and the all-important dates on them!) and, trawling through all the paperwork (which i have scrupulously kept!) I was amazed at the nasty tone of some of the letters, some of which bordered on being scary! However, once I had found Niddy (initially on MSE and then on here) I found myself looking at these various letters and looking forward to sharing them with my friends on here. I also had about three doorstep visits (not pleasant, but after coping with the first one I does empower you). All I can say to those embarking on the journey is, stick with it, you will get there in the end!

[5corpio]

Re: UE - One year on - now SIX years

Great News !! to hear at aad

[Susie]

Re: UE - One year on - now SIX years

Really pleased to hear that, it must be a huge relief to have it confirmed that it is gone forever

[IF]

Re: UE - One year on - now SIX years

I'm so pleased for you too Enforcer, makes my day hearing good news on AAD

[nanna58]

Re: UE - One year on - now SIX years

What a fantastic result xxxxx

[cymruambyth]

Re: UE - One year on - now SIX years

Enforcer that's great news and should help to inspire others just starting their journey fighting debt and wondering if it is worth the effort.