Re: Question about statutebared

by DISTRESSED Tue Mar 13, 2018 5:45 pm

Hi
I would like to ask that if a claim form is received from a court and a defense is submitted together with the CCA & CPR 31.14 request does this mean that the clock has stopped for the alleged debt to be statute barred?
No monies in any form was paid towards the alleged debt after the alleged default date!
I'm not for off (just months) before reaching the 6 year period from the default notice date!

by Tiggy Tue Mar 13, 2018 9:18 pm

As soon as they issue the claim then that's it for a debt being statute barred I'm afraid, unless of course, the 6 years from the default notice date has been reached (5 years in Scotland).

This only applies to debts covered by the Consumer Credit Act.

by **Lopsum** Tue Mar 13, 2018 10:05 pm

ive split the thread into a new topic , we dont want to clog up daves appeal for feedback thread.

by DISTRESSED Tue Mar 13, 2018 11:08 pm

Tiggy wrote:As soon as they issue the claim then that's it for a debt being statute barred I'm afraid, unless of course, the 6 years from the default notice date has been reached (5 years in Scotland).

This only applies to debts covered by the Consumer Credit Act.

Thanks Tiggy for clarifying that.... now I feel totally doomed Sad

by handle Fri Mar 16, 2018 12:20 pm

I didnt think it was 6 years from default. I understood it was six years from last payment or acknowledgement of the debt.

The issue with the default notice is that the DC or OC can wait as long as it likes to ussue.

by Tiggy Fri Mar 16, 2018 2:10 pm

handle wrote:I didnt think it was 6 years from default. I understood it was six years from last payment or acknowledgement of the debt.

The issue with the default notice is that the DC or OC can wait as long as it likes to ussue.

For debts covered by the Consumer Credit Act, the Cause of Action under Section 5 of the Limitations Act 1980 is seen to be the issue of the formal default notice as that (if not remedied) terminates the contract by the Original Creditor.

Proceedings cannot commence unless the contract has been terminated, so the issue of the default notice starts the clock on the debt being statute barred.

That's why a lot of people get into trouble over CCA debts as they believe the clock starts from the date they stopped paying and not the later issue of the default notice.

by Kestrel Sat Mar 17, 2018 11:26 am

[/quote]For debts covered by the Consumer Credit Act, the Cause of Action under Section 5 of the Limitations Act 1980 is seen to be the issue of the formal default notice as that (if not remedied) terminates the contract by the Original Creditor.

Proceedings cannot commence unless the contract has been terminated, so the issue of the default notice starts the clock on the debt being statute barred.

That's why a lot of people get into trouble over CCA debts as they believe the clock starts from the date they stopped paying and not the later issue of the default notice.[/quote]

Is that correct i understand it was from the last acknowledgement of payment

Quote: "the clock starts ticking after the last time the debtor pays or acknowledges what he owes."
http://uk.creditcards.com/credit-card-news/statute-of-limitations-1372.php

Quote: "The limitation period starts to run from "the date on which the cause of action accrued". By way of illustration, if the claim lies in contract law, the date will generally be the date of the breach of contract."
http://www.mondaq.com/uk/x/271702/Insolvency+Bankruptcy/Avoiding+the+limits+on+litigation+a+guide

This ones from a debt solictor.
Quote: "The ‘limitation period’ starts from the time of your last payment and not the total length of time that you have been making payments."
https://www.duncanlewis.co.uk/debt_news/What_is_statute_barred_debt_(29_October_2013).html

by Tiggy Sat Mar 17, 2018 6:15 pm

Basically, it starts from The earliest date the creditor could have started court action to recover the debt

This will vary depending on the type of debt. For most common consumer debts such as personal loans, credit or store cards, catalogues or payday loans, this will be the earliest date the agreement says your account could default.

For example, the terms and conditions you signed up to may say that your account will be closed or defaulted after two missed payments, after it’s been in arrears for eight weeks, or something similar. The limitation period will start from this date (unless you made payment or written acknowledgment after that), which is usually coincides with when they issue the default notice (which effectively notifies that the agreement is being terminated) and that date is used by the Court as start of the Cause of Action.

The limitation period doesn’t start from the date the account actually defaults.

If the issue of the default notice comes considerably after the 8 week period you can argue they were delinquent in issuing the default notice and that the Court should take the 8 weeks, but you have to put that argument forward in your defence.

by waylander62 Mon May 28, 2018 8:04 pm

this is an argument i have seen countless times and it still goes on even in court it goes on, some judges will say default notice others will say last payment, it depends often on how well you argue your point.

it can be raised as a preliminary issue in any defence so that if it fails the claim continues and the rest of your defence then comes into play.

here is my take/argument on this matter. a default notice under s87 of the CCA can ONLY be issued once there has been a default on the account, so therefore a creditor cannot issue a default notice until there has been a cause of action enabling them to do so. Therefore the cause of action of any CCA debt is the last payment made else no default notice could be issued.

a 'cause of action' gives rise to a default notice being issued, not the other way round. HOWEVER good luck in trying to get that one past many judges! which is why it should be raised and requested to be heard as a preliminary issue.

just my take on the matter Very Happy

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