Statute of Limitations for claims

by handle Thu Jul 26, 2018 1:18 pm

I would just like to clarify the 6 year rule under the limitation act 1980 where claims will not succeed if brought after 6 years, as long as it is used as a defence by the defendant.

1) There must have been no payments to the creditor in the 6 years.
2) There must have been no acknowledgement of the debt in the 6 years. The three letter process is ok because they do not acknowledge the debt but merely seek further info.
3) IMPORTANT - the date by the creditor to bring the action within the 6 years must be the date of giving his claim to the court, NOT the date the court stamps it OR the court order after the case has been tried (which may well be after the 6 years, but claim brought before the 6 years are up.

FINALLY, AND MOST IMPORTANT and this is where i think Tiggy got it wrong. The start of the 6 year limitation is NOT the date the creditor says it is in default and not even when it issues a default notice. This makes sense as the creditor could wait just before the end of 6 years and then serve a default notice to get the 6 years running again. MOST creditors never issue a default notice and "invent" one for the purpose of court proceedings. They need to have served a default notice prior to claim, but the date of that notice is irrelevant for statute of limitations purposes. The start date of the six years is the date the creditor COULD HAVE started action (Known as Cause of Action) and that is when the account actually did default. This is usually the first and/or second missed payment on the account. This is usually specified in the original agreement.

Offering to pay (eg) £1 a month to a creditor is what they want because it keeps the 6 years open every time you make a payment or offer.

by **daveiron** Thu Jul 26, 2018 2:30 pm

I have read through the act handle,and it appears that you are correct ,I cannot find anywhere it refers to the date of a default notice.

by handle Thu Jul 26, 2018 3:51 pm

I have read various solicitors sites and the interpretation is as I have said above.

The other salient point is that every time a debt is sold, a new default must be made/registered with the credit agencies by the buyer of the debt.

A trick I have found being used by sellers and buyers of debt is to hide the true nature of who owns the debt. The "buyer" pretends that is is "collecting" a debt on behalf of "creditor" or "managing the account". That "agent" then commences legal proceedings in its own name, a year or years later, and then mysteriously a notice of assignment appears out of the blue, along with a concocted default notice.

by sam Thu Jul 26, 2018 8:06 pm

HI I just become a member but have been reading the post for some time now i think on one of petesomething post he said after the default they have six months to send you a default notice they cant leave it for years , but i do think they do make up the defaults

by handle Thu Jul 26, 2018 8:43 pm

do you have a link to that on petesomething?

by sam Thu Jul 26, 2018 8:55 pm

Hi handle
i will try and find , i think it said it is not legal until they send you a default notice and this can be 6 months after the default so if you are not sure of your limitations just add 6 more months after the default i have tried to post not sure how , i have court soon is petesomething still here to help me

by handle Fri Jul 27, 2018 8:16 am

but according to that logic they can send you a default notice 5 years after you default. i looked at various websites including stepchange and consumeractiongroup and they all say from when the agreement says the account could default not when they decide to send a letter.

clear as day here:
"https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx
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.

The limitation period doesn’t start from the date the creditor issued a default notice or from the date the account actually defaults."

by sam Fri Jul 27, 2018 8:55 am

hi handle this is why you need your bank statements in court with your last payment then the default notice must be no longer than 6 months after last payment, the bank cant sell your debt without first sending you a default notice , statute of limitation start on the date on your default notice , but this can be up to six months after last payment , if you read petesomething or tiggy post they say this ,

i have court soon and not sure of some things , some reason i can not post , is petesomething still here to help me

by handle Fri Jul 27, 2018 12:00 pm

But what they say does not accord with what the debt websites are saying

by sam Fri Jul 27, 2018 12:32 pm

Hi handle, Lowell Tried taking me to court last year . i got a default notice 4 months after my default date , they must send a default notice by law , any way 7 years later lowell was asking for payment, there in house solicitors put in a court claim. after reading petesomething post, i put on the claim form statute barred last payment date and date of default notice and no acknowledgement of the alleged debt. lowell back down,

not the same thing but got another court claim

by waylander62 Fri Jul 27, 2018 1:41 pm

@handle

i have been saying this for a long time, but it is often failing with the courts there seems to be no defined ruling and comes down to the judges discretion in most cases ( which is not right )

my argument has always been the date of last payment because the act clearly states that SB begins when the cause of action occurs.
in CCA cases a default notice cannot be issued without a cause of action therefore when the default is issued the cause of action has already occured.

that would always be my argument.

by **Lopsum** Fri Jul 27, 2018 1:55 pm

moved to debt forum..

by handle Fri Jul 27, 2018 2:40 pm

Well if it fails with the courts, then it is ripe for appeal

by handle Fri Jul 27, 2018 8:40 pm

well well well, wot we got ere then.
https://www.getoutofdebtfree.org/forum/viewtopic.php?f=5&t=93624
"Advice this is one of the witness statement papers presented to the court. If you see the date, 9th November 2011, with new address on the top of the letter. But this is a default notice, it should have your name and address and the date from Santander of time of default. But on the 9th November 2011 i was not living at my new address. I can prove this so they made a mistake. Did they borrow a time machine in 2011, do you think this can help me in court to show they put false papers in witness statement with two others. "

shows the sham

by sam Fri Jul 27, 2018 9:09 pm

Hi handle

i have read this , what the solicitors was doing was making up a default notice it was not a true copy ,
this why tiggy and petesomething always said check your paper work , because dca and there solicitors will lie and make up paper work if they have not got it, and yes the court do not care

we all know this

and petesomething won in court ,

keep your paper work this all i can say ,

if you dont get a default notice the court will not believe you , to win we have to play there game but only better,
end of the day the rule is they must send you a default notice we talking about bank or lender and the date on the default notice is the start of the six years

by sam Fri Jul 27, 2018 9:15 pm

i come on here for help it looks i will not get it

by mattyb Sat Jul 28, 2018 8:53 pm

handle wrote:

FINALLY, AND MOST IMPORTANT and this is where i think Tiggy got it wrong. The start of the 6 year limitation is NOT the date the creditor says it is in default and not even when it issues a default notice. This makes sense as the creditor could wait just before the end of 6 years and then serve a default notice to get the 6 years running again. MOST creditors never issue a default notice and "invent" one for the purpose of court proceedings. They need to have served a default notice prior to claim, but the date of that notice is irrelevant for statute of limitations purposes.

I understand there is a case where PRA appealed and won on this issue - COA starts at the expiry of the remedy period . I also understand this is being further appealed but not sure when the that will happen.

I am not even sure where you get the idea most creditors never issue a DN but hey ho.

by mattyb Sat Jul 28, 2018 8:55 pm

sam wrote:i come on here for help it looks i will not get it

What was the help you needed?

by Kestrel Sun Jul 29, 2018 10:19 am

Just a couple of points to make, when i first started fighting back against these criminal gangs i recall two things:

1: On my first missed payment added interest was added on the next due payment date for non payment & as far as i am concerned that should be the very latest that the 6 years starts (providing obviously you did not make any further payment or acknowledgment) as the extra interest added shows a default in your payments.

2: When my first 'alleged' debt was sold onto another purchaser when i stopped making payment to them i do not recall ever receiving a default notice from them unlike the original 'alleged' creditor did, so yes as stated above they could issue one the likes of a month before the 6 year deadline.

I realise like many things within what we are up against it will if it ends up in a business centre (court) will fall on how much a prostitute the jester (judge) in there is to what the outcome is rather than that of what is stated in law or legislation.

So that is what we are up against Sam, if all this is new to you, you must & indeed in time understand what shear criminality we are all up against with those who many see as having 'authority' or the upper hand over us but as long as many remain uneducated docile fools who do nothing due to a sheep like mindset & shear bloody apathy nothing will change & as long as the never ending supply of useful idiots exist to prop up the criminality it will be a long bloody battle with casualities along the way.

But it is better to fight rather than bend over & spend the rest of your life walking like a cowboy!

by sam Sun Jul 29, 2018 5:30 pm

Hi kestrel

you only get one default notice from the original creditor , ( WHY ) NO NEED FROM ANY DEBT COLLECTOR,,,, THE DATE OF LAST PAYMENT ON YOUR DEFAULT NOTICE CAN NOT CHANGE SO IT DOES NOT MATTER IF YOUR DEBT GOT SOLD ON , TIME AFTER TIME AFTER TIME , SO YOU CAN NOT GET A NEW DEFAULT NOTICE JUST BEFORE THE 6 YEARS , ALSO ON YOUR CONTRACT IT WILL TELL YOU HOW LONG BEFORE YOU WILL GET A DEFAULT NOTICE AFTER MISSED PAYMENTS, IT SHOULD SAY AFTER A NUMBER OF MISSED PAYMENTS BUT IT SHOULD NOT BE OVER SIX MONTHS , IF YOU ARE NOT SURE CHECK YOUR CREDIT REPORT , IF THE DEBT IS NOT ON YOUR CREDIT REPORT AND YOU NEVER GOT A DEFAULT NOTICE , MAKE A COPY OF YOUR CREDIT REPORT AND KEEP IT SAFE , IF YOU EVER NEED TO GO TO COURT AND NO DEFAULT NOTICE WAS SENT THERE B,,,, SOLICITORS WILL MAKE ONE UP LIKE THEY TRIED WITH PETESOMETHING, BUT LIKE HE SAID CHECK ALL YOUR PAPER WORK ,

by sam Sun Jul 29, 2018 5:39 pm

HI MAYYB

SOME TIME AGO I DONE THE THREE LETTER , THE DCA SEND ME A LETTER SAYING THEY ARE NOT PURSUING THE DEBT ANY FURTHER, ONE YEAR LATER THEY STARTED CHASING ME AGAIN AND THEY HAVE PUT A COURT CLAIM IN , BUT STILL NO PAPER WORK , AND I KEPT THE LETTER I THINK THEY JUST TRYING IT ON , I HAVE TO WAIT AND SEE

by sam Sun Jul 29, 2018 5:57 pm

SORY ITS mattyb

can any one say where is petesomething and tiggy are still on this site ?????????

by mattyb Sun Jul 29, 2018 8:25 pm

If they have issued a claim form you must respond to it or you will get a judgement by default.

You want to acknowledge the claim online and send a CCA request.
What exactly did the letter say when they said they were not pursuing it- did it say they were closing the account or just not pursuing it at this time.

How much is the claim for?

I haven't seen Tiggy on here for a long time

by waylander62 Sun Jul 29, 2018 9:06 pm

I would start a separate thread for this where you will get more help

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