Statute Barred

by discodave4093 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

by Little D Fri Aug 11, 2017 3:04 pm

Hey,

Limitation Act 1980

http://www.legislation.gov.uk/ukpga/1980/58/contents

by Tiggy 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.

by jockenglish Fri Aug 11, 2017 9:35 pm

Nice to see you with us Tiggy Very Happy

Any news of our old friend Faljay ?

by Tiggy 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.

by discodave4093 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

by 1saberwow 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.

by Tiggy 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.

by discodave4093 Sun Aug 13, 2017 5:02 am

Would this be the default date shown on credit files?

by **daveiron** 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.

by Tiggy 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.

by warwick65 Fri Jan 05, 2018 7:00 pm

Hi Just picked this up

Currently there is a case under appeal and until that is settled most judges will go on the remedy date of the S87(1) Default Notice- note not the date it is issued

As for sending the SB letter too early, well it would depend how you worded the letter but yes if you said this account of mine is statute barred and you can not chase me then it would be an acknowledgement but maybe if you said 'The alleged account would be Statute barred as I understand no payments have been made to the account for 6 years' you might get away with it.

Remember , regardless of the DN date- any payment will reset the clock and their are caveats as to when it doesn't kick in, for example in the case of fraud

SARs can be really good particularly if you have a claim. For example in a recent case, the creditor said a DN notice was issued on x date when in fact the SAR revealed it had been issued a month earlier and the date they were using was the date on the credit file when the OC sent out a notice of default

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