Yesterday I began receiving phone calls from a 0203 number, which turns out to be PRA Group Debt Collectors (Aktiv Kapitol). They are now bombarding me with calls (even the number is on auto reject) and automated voice mails requesting I call them. I used to have dealings with Aktiv over an old HSBC debt which passed in statute bared status over a year ago (if not longer). I won't answer these calls and will only deal with them in writing (if I have to contact them at all) but other than that what can I do? I am unable to pay off the debt (and it is unlikely I ever will be able to) and to be honest I thought I had put the days of being chased by DCA's behind me. Also, why start bothering me now when I have had no contact with Aktiv for years (save for an account statement last year)? The debt is no longer on any credit file (I check all of them religiously) although I am worried they will try to [problem] me in some way. Any advice? Thanks in advance.

Hi all, although its a much discussed topic "Statute Barred" I'd thought I share some recent communication between myself and ecashwindow otherwise known as Early Pay Pay Loans. A month or so ago I received an email from ecashwindow stating that a CCJ was "being" issued at my home address. without acnowledging anything I responded to the email with "You will need to send me copies of any signed paperwork and documents relating to the suggested loan I have with you. Sending me threatening emails suggesting court action will not prompt me to make any payments unless you can provide the requested information". Then yesterday I received the same threatening email and replied with the same response. I at no time sent in a letter with any personal details or form of payment requesting hard copies. But I did get a response on email from them with a copy of a loan agreement with all my personal details on it. However the loan was from 2008 and defaulted in 2008 so it is now statute barred. So they are being hopeful of getting the payment with threatening emails. I guess what I am trying to say is for anyone being chased by this company be sure that you ave all the facts in place before you think about making any payment. It is just scare tactics. I am also seeking advice from the people that know on this site. The email they sent me yesterday contained personsal information such as; Full name and address Full bank name, account number and sort code Bare in mind I have not confirmed who I am or agreed that the loan was mine, so surely they are breaking some kind of data protection by sending out personal details such as this . If they are then I will need help in building a case against them.

I've recently started to receive letters from Lowell and today, out of the blue, a phishing letter from Robinson Way. I've plumped for a free Noddle file and can see Mkdp and Lowell. Lowell have mentioned a Barclaycard and their balance reflects what is in my file. I presume Robinson Way will follow the phishing letter with demands for payment. I presume both relate to old Barclaycards. The default dates show mid 2010 however I was thinking the dates would have been 2009. Is there a chance the default dates are wrong? How do I go about moving this forward? One account was opened in 1994, one in 2003. I'm confused about what I should be asking for having read different things about a CCA pre 2007. There will be charges no doubt, not sure about PPI. I need to engage with Lowell now as they've been persistent , but will wait for Robinson Way to say exactly what it is they are chasing. The Lowell account is a card account that was sold to Barclaycard , maybe an egg card. When would a true default date be?

I had a Monument Credit Card and was receiving statements from them on a monthly basis. At the beginning of this year they passed the debt on to a DC who I wrote to and claimed the debt is Statute Barred (it was over 7 years since last payment had been made and I live in Scotland anyway). I haven't heard from the DC since (about 3 months now) Last month monument sent me a letter asking if I wanted to claim PBP, as I am disabled and was unable to work when I took the credit card out, I sent them an email to stake my claim on the 9th Sept which they have acknowledged. Can they offset any PBP against a statute barred debt and send it to the DC?? Im pretty sure they said the debt had been sold to Capquest. All advise is welcome

Hi and thanks in advance for any time and help . Been meaning to post for a while , a letter that arrived yesterday (29/9/15) has spurred me on , My wife a number of years ago had run up a £10k Yorkshire bank visa card debt. When I looked into it earlier this year when she told me about the debt it seems (according to noddle) she received a CCJ dated on her credit report on the 1/10/09. The letter that arrived yesterday from the county court is titled a "general form of judgment or order" and goes on to say ," It is ordered that ME III limited be substituted as the claimant in this claim" , the letter is dated 28/9/15 . Am I right in believing this letters arrival has stopped the debt becoming statute barred by two days , also as far I am aware there hasnt been any PPI on the debt (not 100% sure) but I am sure there are some hefty charges . And so whats the best way to move forward in this sticky situation .She doesnt really earn that much to even attempt to clear the debt over a number of years so I would have to seriously help . It really affected her nerves hiding it from me for so long and the latest letters arrival may start her off again . Thanks for reading , Andy.

Hopefully this will be the right thread as is a general CCJ question: I had a CCJ placed on me on 10/09/09 by an architect who had done some plans which I had paid him for. He then decided business was tough and invoiced me for additional £3k fees - which I refused to pay as had already paid the agreed £3.5k invoice. Thought nothing more about it, heard nothing else about it until July 2014 when received a letter and an email from Lombard Legal claiming they were acting for the architect. Brilliantly the letter and email both had different amounts owing - a total of £1800! I ignored the letters and again forgot all about it, Lombard Legal didn't and then in November 2014 I got an email and a call - followed 45 minutes later by a visit from 2'Lombard Agents' coming "to collect what I owed their client". The agents and the company are currently part of a Merseyside police investigation and so again I thought nothing else of it. Then last Saturday I received a letter (dated 14/09/15) from my old friends at Redwoods saying they were acting for the architect and were pursuing the debt that I had to pay to them. This was followed by a letter received yesterday from their side kicks CW Harwood saying I had to pay Redwoods or all sorts of actions could be taken - including County Court proceedings being issued where a judgment could be awarded against me. Just taking a breath and thinking about this logically thought first action would be this post to get the thoughts because from what I can see the judgment was 10th September 2009 and this action is earliest 14th September 2015 - so over 6 years. My questions are: 1) has it become statute barred? 2) if not why not? 3) if so do I need to write to them or the courts etc? 4) Is there a type/template of that sort of letter? 5) what else should I be doing? I am hoping that my thoughts are correct but not sure - hence help request! Thanks

Hi all, I am not the first to post on this issue but I wanted to get some advice about the appalling mess that Sallie Mae UK created when it went bust. They were a subsidiary of the American private loan company and they briefly funded postgraduate education in the UK for a year or two. I foolishly borrowed money in 2006-7. They folded and the debt was passed on to various companies: Eagle Consulting, Total Credit Financial Services and most recently, Capquest who I believe are a debt collection company. There has been the odd complicated statement with huge interest added over the years from each of the companies listed , but no attempts at contact, no paperwork or phone calls to arrange a schedule of payment and nobody checking when I actually finished my PhD studies. I haven't spoken to anybody from the company and I have only had one email exchange with them - in 2009, when they (Eagle consulting) sent me three letters saying I'd missed payments. I emailed to say I was still studying and they updated the system to show I would be finishing in 2010. If that had happened, my first payments would have been due after a nine month deferral, so autumn 2010. Due to dropping to part time status, I actually submitted my thesis in summer 2013 but they didn't know that since they never asked again! My question is this: how does one establish a cause of action for a private student loan? Is there any way of establishing this is a statute barred debt or not? If not, I will need to challenge them about the exorbitant interest they have levied over the years , as it was supposed to be interest free until nine months after graduation. To give you a clear picture, I had a letter from Capquest saying they would be managing my account on behalf of arrow global. They wanted all future payments to be paid to them and had set them in line with the last payment I made to total credit which they claimed was £899.99 per month. I've never made a payment or spoken to them. I sent them the standard statute barred Scotland letter in response, and I got a letter back saying 'we were informed you were due to finish your course of study on 22 May 2015. With your entitlement to a nine month payment holiday, this means you are not currently due to commence payments on the loan until February 2016.' I graduated from my PhD in July 2014, having finished fully by autumn 2013! They continue: 'The Limitations Act states that the time start to run from the 'cause of action' which for this type of account is when the creditor is able to take court action to recover the debt. This will usually be after one or two payments have been missed. Court action is not possible for this type of account unless the account has had a default notice (or been terminated). As no payments have actually fallen due this account cannot qualify as statute barred therefore the balance remains correct and due to be repaid by you as per the original conditions of the loan.' They say that - although they have added around 10k of interest to a 15k loan over the course of 8 years, when it should have been interest free! Any advice would be much appreciated.

Hi guys, Been a while. I'm helping a friend with this. He's received a court claim form from Cabot regarding a Vanquis credit card that was defaulted back in 2008. Surely thay cant proceed as its statute barred under the limitations act? How do we go forward? Do we submit a defence on the grounds of it being Statute Barred. Or do we defend by disputing the debt then put in an application to strike it out due to it being Statute Barred? Not sure if this makes any difference... He was a sole trader when he took the card out. He was a sole trader when the default notice was issued. He's not serviced the debt since 2008. He's now formed a LTD company and they have put this on the form along with his Company number. Does that make any difference? In hope. Toxic

I'm sure I saw it on here but can't find it. My partner had a letter from Welcome Finance (MKDP) saying she owed over £4,0000. It was statute barred which, with the help of the Ombudsman, they eventually agreed. However, we just saw that the 'debt' appears on her Experian credit score! Is this legal? We've just emailed the Ombudsman again to ask advice on how to get this b/s off of her credit score.

Quick Question, I got a letter about an alleged debt with Lowell from Lucas. I sent a CCA request with a £1 postal order, got a letter back a month later saying "No payment was enclosed, so your request can't be dealt with" (Appears to be a tactic to get a phone call to complain... I didn't bite) Then I get a copy of an online application form for a credit card from the CC Company a few weeks later Then a few weeks after that, I get a statement of account for the same credit card, with a copy of the online application form. Then yesterday I get a letter asking me to pay for a 60% discount if paid in 1 go, 30% if paid over 3 months or 0% if I make a longer term payment plan. I looked and the last payment was over 6 years, and also the account was "Closed - Writeoff" by the CC Company over 6 years ago too. Am I right in saying this is Statute Barred, I have made no other contact with them (Or any other DCA) apart from the single CCA request? Thanks in advance.

Hi All, Just a quick question. I've just completed the paperwork to submit a PPI claim to HBOS. The claim is against a credit card that I defaulted on and that has since been passed to a collection agency. The debt is about a year off being statute barred. If I make a PPI claim, am I admitting to the debt and therefore stopping it becoming statute barred in a year or so? Many thanks Hardy

Hi all First time posting so please bare with me I have recently received a CCJ for a debt from a mobile phone I obtained back in 2007/08 unsure of the exact timing of obtaining this phone but it was around this date. I stopped paying the phone as I got a rather large bill which I disputed, phone was cut off and lost in the end... I stopped paying the phone around 4 months after purchase so must have been in 2008... I forgot all about this debt when I recently moved back in with my parents I had a bailiff from thr county court knocking at my parents house with a form where I had to supply my incomings and outgoings, this was in april 2015. I fillled the form in out fear really had no idea at this point what the debt was for... I have now been ordered to pay bryan carter solicitors £150 per month till the balance of £2006.89 is paid off. I have made one payment of £150 in June 2015 since and am reluctant to pay the rest now I have realised what it is I'm paying for. I believe the debt to be statute barred as there must have been 6 clear years from the last payment I made. I had made no written acknowledgement to the original company O2 for this debt. I'm wandering now I have made a payment etc can I still challenge this ccj and how would I go about ithis? Thanks in advance

Hi there (I apologise for the essay in advance) I'm requiring some assistance which seems to be somewhat of an emergency at the moment. While I was at university I had a student account with Lloyds TSB. Everything was fine and there was regular money going into the account , however towards the end of university I had accrued quite a significant amount of debt (as most students do) and as my student account became a graduate account I had gone over my overdraft limit by a few pounds and I had started incurring overdraft charges that were equating up to a substantial amount. I made a small deposit into my account in 04/2009 and that was the last time I used my account, from then on the charges carried on going, however I didn't use the account whatsoever. The closing balance for the account was around £2300 and the account defaulted on 12/11/2009 according to my credit report. This account has been passed around to various DCAs, but was bought by Lowell around 3 years ago and they have passed it around to their other companies (Bryan Carter etc.) I have never made a payment to this balance and I've never claimed that the debt is mine. I sent Lowell a prove it letter a few months ago and they responded in May 2015 by sending me a copy of the last few months of bank statements for the account with Lloyds TSB. The statements also stop at 11/2009. Lowell since then have been sending me letters every week or every two weeks, and last week they now claim they are trying to "escalate" the situation. I'm unsure if this debt is already statute barred or if it will be on 12/11/2015, my concern is that should I send a SAR to Lloyds in order to obtain any information as to when the overdraft was officially withdrawn? and if so should I contact Lowell in order to tell them I have requested additional information from Lloyds. Thank you for taking the time for read this.

I defaulted on a credit card account back in July 2009 with Lloyds TSB. I agreed with them to pay £40 per month which I have been doing ever since. In Feb 2013 Lloyds sold the debt to Prime Credit effective Aug 2012. They said all future payments would be forwarded to Apex Credit Management. In Aug 2014 Apex assigned the debt to Cabot Credit Management. I have at no time responded to Apex or Cabot. The defaulted debt has now been cleared from my credit record. I still owe around £5k. My question is, what would happen if I stopped paying the £40 per month? Many thanks

When does the 6 year clock start? At the point the credit company enters a default? At the point of your first failed payment? At the point you made your last payment? Thanks for your help Ivor

I also have a query relating to Statute Barred status, which I hope some kind person can steer me in the right direction. When does a debt become SB. Is it from the date the creditor last recd payment of the debt or is it last time they recd communication from debtor. Much Obliged

Hi all, I have searched around but cant find a difinitive answer, I was wandering; I have a statute barred debt. I have recieved a letter after changing address on the voters roll. I am preparing a statute barred letter but I was thinking, if I write this letter will they not just sell it on and I still recieve letters just from a new debt collector? Or should I write to the original creditor? Or just ignore the letters and put up with it?? Thanks guys

Hi Everyone Would really appreciate some help with this matter. About a week ago I received a claim form from Northampton County Court originally dated 22 May 2015. The reason I only received it now is because I have recently moved and despite setting up a redirection service with Royal Mail, this letter was delivered to my previous address. The particulars of claim on the claim form are as follows: 1. The Defendant entered into a credit agreement by the original creditor as Capital One Bank (Europe) - credit card and having account number xxxx ("the account) 2. The Claimant, a UK Limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original owner of all rights previously enjoyed by the original creditor in respect of the account. 3. The defendant in indebted to the claimant is respect of the account in the sum of 1246.58 4. The Claimant claims the said sum of 1246.58, plus costs The Claimant on however is down as Cabot Financial UK Limited and the solicitor I guess is Weightmans LLP I have done the following: 1. Submitted acknowledgement of service on 25/06/2015 2. Submitted a request for extension to file a defence to the court due to the claim form being delivered to the wrong address on 29/06/2015 3. Sent a standard statute barred letter to Cabot Financial services via recorded delivery, cc'ing Weightmans on the 25/06/2015 4. Sent a standard CPR 31.14 letter to Weightmans, cc'ing Cabot on the 25/06/2015 To my knowledge, I have not made any payments or had any correspondence regarding this debt in at least the last 6 years although it could be closer to 10 years. I received a letter back from Weightmans dated 29/06/2015 stating the following: In response to your Civil Procedure Rules (CPR) 31.14 request, we advise you that this claim is likely to be allocated to the small claims track. Under the CPR, for which we enclose a copy of Part 27 CPR for your perusal, you will note that CPR 31 does not apply to the smalls claims track. As such, should you proceed to make an application on the basis of CPR 31, we hereby put you on notice that we will defend such an application and will seek our costs of doing so at the hearing. Please note that once directions have been provided by the Court to take the matter to trial, a deadline will then be provided for the partied to disclose all documents which they will seek to rely on at trail, which are likely to include some, in not all, of the documents listed above. You will therefore be in receipt of all documents relied upon in advance of any subsequent trial. With regard to both your CPR 31 request and your argument that the debt is statute barred, should you with to defend this claim to trial you must fine a defence to proceedings, in accordance with CPR 15.2. As you will be aware , the specified time for you to file you defence has expired. This said our client is willing to provide you with an extension of 14 days. Please ensure you notify the court of the same, in writing, in accordance with CPR 15.5 In the event that you fail to do so, our client could request a default judgement be entered against you pursuant to CPR 15.3 and CPR 12.3 Please note, in the event that you fail to file a defence within the specified time period, resulting in our client obtaining a default judgement against you which you later seek to have set aside, we will draw the contents of the correspondence to the Court's attention bot in opposition of your application to have the default judgement set aside and on the issue of costs. My question is what do I do now? I don't have any documentation for this account any longer (if it was even mine!). Do I file a defence as they say I should and wait to see what documentation they have.... Any help with this would be greatly appreciated. Thank you Stefanie

My wife had a Natwest Credit Card Account from around 2001- 2005. It was closed with a balance of about £3000 then sold to Arrow Global. Last payment to original lender was around 2007/8. No acknowledgement or payment made to DCA at all. They wrote many letters in 2012 demanding for payment because we had made a claim for default charges. We asked them to prove but they went quiet but at the same time the claim for the default charges was partly successful but Natwest decided to make that payment to Arrow Global despite my wife's protest. I wrote and informed them that the dedt was statute barred but they never responded. We did not hear anything and no CCA was provided when requested at the time but upon receipt of the claim form early this month, I wrote to Arrow reminding them that they were still in default of the CCA request. They wrote bck claiming that they did comply in 2012 and enclosed a copy of the application for with "T&C" which can not be read. I acknowledged the Claim and also sent CPR request to Drydens for which they responded that they have passed it to their client. They claim that the last payment was made in 2012. The only payment I can think of is the one from Natwest. Does this reset the clock? Can I use statute barred as a defense? Thanks Dot

My girlfriend had a number of debts from 2008 and before. She totally ignored them and didn't know what to do and how to go about addressing any of it. Thanks to some very helpful information from this forum - we sent SARs and got back lots of information in 2012. We decided to "sit tight" with everything and wait things out until they became statute barred. As far as I can tell (having waded through the reems of information sent back) they are statute barred now (no payments made in 6 years +).. .with the last one to become so next month - July 2015. This one is still showing on credit record though (only checked noddle recently) - what do we need to do to get it removed as soon as the 6 years from default date arrives? As soon as this hits 6 years - is it worth signing up to Equifax, Experian, (any others?) and reviewing all information on them and ringing / writing to them all to as accounts are removed if over 6 years? Etc? She also was receiving various demand letters from different debt collection companies from about 2009-2013 and early 2014, but this has all dried up now with nothing recieved in over a year. Is it worth sending some kind of letter to any of the companies now to state that no contact should be made again as debts are all statute barrred , or can this just be left as it is now and all paperwork saved in case of future contact?

Hi everyone, Hope I am putting this in the right place. I pretty much cleared up all my debs quite sometime ago so I haven't been around on here much. However there was one debt I absolutely refused to pay. HBOS. My account went 50p over which was supposed to be covered the day it happened or the money went in after the 50p was applied or something and mushroomed out of all control. They added £32, then £32 more all for the 50p and I was livid. This was 2008. I told them they could chase me forever, I would happily pay my overdraft and leave the bank but I was not paying the extra £164 in charges. My over draft was £150.00 and they claimed I owed them £364. I am not proud of it but I cut up my HBOS card and never used it again I changed all my phone numbers and moved, and I spent quite a bit of time moving around so they never pegged me in once place for long. this debt reared its head again about a month ago. I new I had no contact with the bank whatsoever since end of 2008 so I sent off the statue barred template letter. Today I received a reply saying I had made a payment onto the account September 2011 so the debt was not statue barred. This cannot be true, the only thing I decided I would ever give HBOS after 2008 was some very colourful language should they track me down. There is NO WAY I made any kind of payment or even contacted HBOS at all beyond 2009, I remember full well because I specifically setup a Barclays account when I started a new job in 2009. Does anyone have a clue what I can do? I haven't been able to find any information on this happening to anyone else. Thanks for your time

I have received two letters today for "formal demand for payment made in accordance with the Practice Direction - Pre-Action Conduct of the Civil Procedure Rules". These are for an HSBC overdraft and Credit Card that I know are statute barred. Should I reply now with the SB letter or wait for the claim forms?

Date of claim: 27 May 2015 What is the claim for – Claimants claim is for sum of 51xx being monies due from the defendant to the claimant under an agreement regulated by the Consumer Credit Act 1974 between the defendant and Coop under account ref xxxx/xxxxxx and assigned to the claimant on 08/01/2013 notice of which has been given to the defendant. The defendant failed to make contractual repayment under the terms of the agreement and a default notice has been issued which has not been complied with. What is the value of the claim? £6k + Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan account When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser (via solicitor) Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, don't remember receiving NOA but would assume this has been sent Did you receive a Default Notice from the original creditor? Yes, dated 28 April 2009 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware of Why did you cease payments? Advised by Citizens advice, made an offer to pay non priority debts in Dec 2007 the offer was rejected by original claimant and no further payments made as I had priority debts to pay What was the date of your last payment? Some time before Dec 2007 (at least 6 months before) Was there a dispute with the original creditor that remains unresolved? As above really, the account had gone into arrears and despite making offers to pay it was rejected Did you communicate any financial problems to the original credito r and make any attempt to enter into a debt management plan? Yes, via CAB in Dec 2007 Acknowledgement of service was submitted on 02/06/2015 and I will send CPR 31.14 request today (see my next post below) I wrote to Claimant on 16 April 2015 as letter arrived out of the blue using statute barred template, they responded on 24 April. 'Our clients position is that the limitation period runs from the date original creditor became entitled to demand payment. The account fell into default on 03 July 2009, therefore it is not statute barred and remains payable' I have (as above) default notice issued via original creditor dated 28 April 2009 (with a date of 12 May 2009 arrears to be cleared) this letter makes mention of 'termination' which I would understand would be from 12 May 2009 but may this not be the case. Is it the claimants argument that the date they mention above would be default notice + say 28/30 days then termination date plus 28/30 days? That is the only way I can get the dates to tally? I have also letters from CAB showing an offer to pay arrears was made in Dec 2007 would argue that my account was probably in default at this time but I only have the above at the moment. as I understand it this is going to hinge over a 4 month period (if the 2009 dates are used) but it seems this is statute barred, what are others thoughts. This would be the basis of any defence which I hope to make. Regards

Hi there need some help urgently, i have a debt for 6k which has been statute barred for the last 6months when i say statute barred, the last payment was september 2008, and the default date january 2008. the dca 1st credit, contacted me in september, i requested statement of account, and they left me alone.. after which i never heard nothing again. about 2 weeks ago, i started receiving phone calls which i ignored from them. today in the post i have received a letter from the original creditor who sold the debt to 1st credit, that back in 2008 they applied a charge to my account when they transferred the debt to another company. and that they were refunding this charge to my account , and also gave me a cheque for the same sum aswell, as a gesture of goodwill. they also state that they have contacted 1st credit to apply this to my account. im in dire straights now, because the original creditor has done this, surely 1st credit can argue because a payment has been received, that this debt is not statute barred? even though its been statute barred since the beginning of the year. has anyone got any experiences in this situation... ive worked so hard to get myself sorted, and now this happens..... i may be panicking for no reason, but it all seems very convenient that since receiving these phone calls a couple of weeks ago, this happens.. hope someone can give me some advice... thanks

I had a loan originally from Welcome finance some 10 or 12 years ago for an amount I cannot even remember, but approx £1500. I was making the normal payments until I got into financial difficulty and they let me pay a small amount of £20 a month and they said interest would be frozen. Some time later I moved house but continued to pay the £20 per month, right up until I changed banks and the direct debit was not set up again. I have now started getting letters from Cabot demanding over £4500 for the debt. Looking back on old bank statements I found that the last payment to Welcome was made on 17th June 2009 which means that I am a few weeks short of statute barred. The latest letter I got from Cabot was telling me that they are going to instruct their solicitors to commence court action. Should I still send an SB letter? Can anyone advise me what to do.