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statute barred dates and template letter please .

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statute barred dates and template letter please . Empty statute barred dates and template letter please .

Post by memegirl777 on Fri Jul 12, 2019 2:25 pm

Hello guys ,
I have an alleged  debt which was a credit card , As I saw on another thread I checked the date of the closure of the account which was 24th July 2013 am I safe to send a letter stating statute barred after this date ?


I am also helping a friend who is in the exact same position only for around 10 times more value ,
his has fallen off his credit file and I guessed 27th May 2013  got him to check with bank and it is exactly the same date ,

so am I safe to tell the dca we are aware they are statute barred and as such unenforcable ?

If so  I have searched but can not find one , Is there a template letter on the forum for statute barred or will a basic one do the job?
thankyou in advance  Smile

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statute barred dates and template letter please . Empty Re: statute barred dates and template letter please .

Post by flyingfish on Fri Jul 12, 2019 3:37 pm

Assuming all this is in England then the debts are Statute Barred six years effective from the first date at which the creditor could have started legal action. So typically for a consumer credit debt it would be from the date on which they issued a Default Notice.  The time gets extended if the debtor makes any form of acknowledgement of the debt, or makes any payment.

For a debt which might become statute barred in a couple of weeks I would very much advise not rocking the boat.  Just check out the agreement and paperwork etc and don't contact the creditor.

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statute barred dates and template letter please . Empty Re: statute barred dates and template letter please .

Post by memegirl777 on Fri Jul 12, 2019 4:15 pm

Re: Statute barred and delayed default
Post by waylander62 on Sun Feb 03, 2019 10:43 pm

if it still with the bank, you could go into the local branch and ask for information regarding this particular account, i did this myself. The local staff will have no clue about the default or anything but may be able to give you a statement as to when the account was closed.

if last payment was definitely 2012 then it should not have been registered as a default in 2017 that is unfair.

The above is why we found out the dates ,
we are actively being chased for these alleged debts hence wanting to take action ,
I would rather be proactive than wait until a court claim is started.
no payments or acknowledgements have been made to either.

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statute barred dates and template letter please . Empty Re: statute barred dates and template letter please .

Post by waylander62 on Sat Jul 13, 2019 9:33 am

If you are confident that it is statute barred then you could write to the DCA and point out this fact,

if they believe that it isnt statute barred they will reply telling you so and often give reasons why they believe it is not SB, then you can check out what they are saying ready for if they do take it to court.

the important part of this is a copy of the default notice and the date on that to rectify the default.

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statute barred dates and template letter please . Empty Re: statute barred dates and template letter please .

Post by memegirl777 on Sat Jul 13, 2019 10:03 am

So I,m better sending an SAR to the card companies first get the default notice THEN send the letter to the DCA wAYLANDER62 to be completely covered,

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statute barred dates and template letter please . Empty Re: statute barred dates and template letter please .

Post by daveiron on Sat Jul 13, 2019 10:21 am

Hi ,All I would add to the above is, still always refer to this as alleged debt .& their assumptions.
Dont get tripped up at this late stage by anything that could be construded as an admission .
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statute barred dates and template letter please . Empty Re: statute barred dates and template letter please .

Post by waylander62 on Sat Jul 13, 2019 2:23 pm

yes always alleged,

a SAR is good and should reveal the default notice, HOWEVER if you have been making payments after default then statute barred will not be a valid argument and i would suggest looking at alternative arguments.

it depends on what has happened really, an IVA? a DMP? or a token payment each month.

tread warily initially

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