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Statute Barred

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Statute Barred

Post by discodave4093 on Fri Aug 11, 2017 5:08 am

Hi
I was just wondering when an alleged debt actually becomes statute barred. When I google it most sites it brings up tells me it's 6 years from last payment or written acknowledgement but on the old GOODF some members insist it's 6 years from the default date.

One member also wreckoned if you send the statute barred letter and it turns out to be too early you are admitting the alleged debt. I haven't found anything to back that up anywhere

Hopefully someone here knows the correct answer

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Re: Statute Barred

Post by actinglikeabanker on Fri Aug 11, 2017 3:04 pm

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Re: Statute Barred

Post by Tiggy on Fri Aug 11, 2017 4:08 pm

It depends upon whether the agreement is covered by the Consumer Credit Act or not. For those that are, the issue of the default notice acts as the Cause of Action as required by Section 5 of the Limitations Act 1980.

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Re: Statute Barred

Post by jockenglish on Fri Aug 11, 2017 9:35 pm

Nice to see you with us Tiggy Very Happy Any news of our old friend Faljay ?

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Re: Statute Barred

Post by Tiggy on Fri Aug 11, 2017 9:46 pm

No, he had to stop posting, he was upset with the site being sold and I think it all got a bit too much for him. Whatever he's doing I will always wish him well.

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Re: Statute Barred

Post by discodave4093 on Sat Aug 12, 2017 12:17 am

thanks for the replies folks, if it's the default date it's no big deal anyway as that is before the end of this month. I'm really looking forward to sending the long awaited statute barred letter Very Happy

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Re: Statute Barred

Post by 1saberwow on Sat Aug 12, 2017 2:09 am

I can only hope that he may have a change of heart. On the old site a few members had a go at him about the site been sold. He tried to tell them that he never knew as he was in the dark. Also at the time his wife got sick and he was looking after her and then he too got ill. I was going to get thor to pass on a message but he basically said he was not a messenger service and i left it at that as he told me that faljay had left for good and that is sad as faljay was a great help to all.

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Re: Statute Barred

Post by Tiggy on Sat Aug 12, 2017 8:46 am

Just to clarify, it's the date they formally issue the default notice and not the date you actually defaulted. The default notice can be months after a default.

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Re: Statute Barred

Post by discodave4093 on Sun Aug 13, 2017 5:02 am

Would this be the default date shown on credit files?

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Re: Statute Barred

Post by daveiron on Sun Aug 13, 2017 9:20 am

Hi dave.

Are they chasing you ? if not leave well alone.
If they are and you do not have a default notice you could of course do an SAR
and that should include any default notice.

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Re: Statute Barred

Post by Tiggy on Sun Aug 13, 2017 5:47 pm

No Disco, usually the date on your credit file is the date you defaulted, the issue of the formal default notice can come months afterwards. If you want to know the date, then as Dave has said you can do a SAR for the default notice or simply ring the original creditor up and ask them when they sent the default notice.

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