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Showing results for tags 'barred'.
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Hi All, We are seeking to claim back overcharged amounts on our account which go back to 2006 to date. We have made a counterclaim against them and they (Kensington) have come back with the excuse that the amount owed to us is statute barred.we have calculated it runs i tom thousands and I find this hard to believe as I thought that in relation to a mortgage we could claim back excess fees and charges up to 12 years or more , I'm not certain. Can someone throw any light on this matter as if they are correct it could mean many of its victims will never see a penny paid back. Even though the FCA' final warning document states that Kensington would pay back its customers. -
Hello, I am new to this site and need help on the following – I know it is not legal advice just educated opinions, but any help would be great. This refers to a disputed credit card debt (Halifax/BOS) that was defaulted back in January 2012 (over 6 years ago). In September 2014 the debt was sold on to a debt collection company (1st Credit). I wrote to the debt collection company back then with the following statement: Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full. I have continuously asked for proof of debt between then and now. They have sent me information, but has does not included all of the information I have asked for. They wrote back in February 2018, after the 6 year statute barred period and have stated that they consider the statute barred period has not ended because of what I wrote to them (in 2014) (in italics above) is acknowledgement of debt.They have said that they have provided the ‘evidence’ and that I had said that if they had done that I would pay. This is not what I wrote means, and I think they are trying to mislead me. I meant that if they provide sufficient evidence – but what they have provided is insufficient in my view and this has never be put before a judge to decide. Are they right or is this now statute barred? I know you don’t have the complete information from the last 6 years, but some opinions would be greatly appreciated. s I have already mentioned I have never acknowledged or made any payment to this debt within the last 6 years. Thank you -
Hi There. My wife has just received through the post an attachment of earnings form from the MCOL Business centre. A CCJ was awarded in default as was sent to a previous address. My wife only found out about it when she received a Noddle credit profile change notification. She spoke to Robinson Way who advised it was issued at a previous address. She gave them our new address and interestingly the attachment of earnings form has come through to our current address. Details of the debt: Original creditor was Egg (so suspect any CCA would be "interesting" to say the least) Default was issued in 2012 according to her credit report Original agreement was taken out we think in about 2006. Balance was about 1650 CCJ balance was just over 2.5k (plus now another £110 attachment of earnings fee added) We are convinced the debt is statute barred as my wife is convinced she hasn't paid anything towards this for a long time. I know we need to look at getting this set aside but unfortunately we cannot afford the fee to do so, and we don't fall into the category where we can have the fees waived. Is there any other way around this? Surely they would have records and would know when the last payment was made, so if so then is this not an abuse of court process by submitting the claim? Any advice on next steps would be greatly appreciated. -
Hi all, I've got an SAR back from HSBC today. The last payment I physically made on this account (Loan) was on 28th June 2010 (a long time after it had defaulted). However I made a PPI reclaim on it which was credited to the outstanding balance on 16th June 2016. On the SAR this is listed as a payment from debtor. Would this have reset the statute barred clock, even though this payment was made without my consent? (Outstanding balance is now £1950) Also they haven't been actively chasing it, I only received a letter on the date the PPI reclaim went through asking me to call them. Since then there have been no letters. They also do not have my current address. Should I update them?
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Howdy! Entering a Token Payment Plan with StepChange as been avoiding creditors for long years now. Could someone tell me how to find old bank account numbers, old ref numbers to finish off my paperwork for TPP? I haven't kept any old letters etc, and I'd like to avoid ringing creditors at all costs. My credit report doesn't exactly show ref numbers. Is it actually crucial to find them anyway? StepChange said it would greatly help.
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Last payment to credit card 20th October 2011 was sold to DCA October 2015. No payments until now (13/2/18) Have been speaking on the phone to DCA and sent couple of correspondence emails, with debt reference in subject field. I'm worried that in one of my emails I may have accepted liability? just being paranoid This what I wrote.... may 2017 Hi, I've not had a chance to contact you because I've had problems with my housing situation. I had to move out of my friends where I had been living for the last 2 months.. I've found another place to live temporarily... I'm trying to settle and work, I'm still doing my zero hours contract work with a security firm. It's still very hard, I'm juggling with paying rent and everyday living costs at the moment.. . please call me if you want to speak with me further.. . I have little credit on my phone which I use to look for work and essential calls. does this constitute acknowledgement of debt?
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I took out a loan with Minicredit for £100 (minus their £20 for a faster deposit, so only £80!) in May 2011. In July 2011 I offered to pay the original loan + one month's interest (£125) but never received a reply, but they did continue to add charges to the amount outstanding right up to them defaulting the account. The account defaulted with all their made up charges at over £800 by September 2011. Opos/Kapama have chased this debt since some time in 2012. They stopped harrassing me by email and voicemail messages (I never pick up) last June 2017. The debt fell off my credit files last September when the debt became Statute Barred. Last week the phone calls started again. They are phoning almost daily and telling my voicemail I have until 8pm the following day to make contact. They are also emailing about my 'outstanding balance' that needs paying in full! I know that this debt is Statute Barred, and if they bothered to read their own paperwork they'd know this too. So, my dilemma is this... do I just ignore them as I have done for 6+ years until they get bored and stop again? Is there anything they can do if they are truly ignorant of the fact this debt is SB? Or, should I let them know this debt is SB and tell them to get lost and not harrass me any further? Any advice gratefully received, thanks.
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Hello everyone, Please be nice, I appreciate this trouble was something that happened when I was not as smart around money. I have learned my lessons and now doing well. The problem I have is a company I used to be a director of. My partner left the country and me saddled with the personal overdraft guarantee of £2000. No other debts. It is difficult to remember all the details, but I remember it was for an overdraft with barclays commercial banking. I had to dissolve the company, appropriately notifying companies house. This all happened without a problem. Company dissolved as of January 2013. A year or so later I was told I was liable for that money via letter. I ignored it - I know, head in sand not a good idea, but just didn't know what to do at the time. The letters stopped eventually. Now I've had a debt collection company get in touch recently out of the blue. But, given this occurred that long ago, and I never communicated with the bank after dissolving the company about this debt, is this debt still enforceable? Would really appreciate help with this. Thanks, M -
I have a statute-barred loan originally from Lloyds which was sold to various debt collection agencies over the years. Today I received a letter from Capquest informing me that they are paying a refund from Lloyds into this loan account. They say: "Your Notice of Sums in Arrears, or NOSIA, should have been dated 1/2/2008 and you should have received it by 14/12/2008, so we're including a corrected NOSIA with this letter and refunding you £69. This amount covers the period between 15/12/2008 and 01/02/2018." My questions are, can they do this? Does this mean the loan will become active again? What can I do? Any help most appreciated, hank you.
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Hey, Got a bit of a strange one here - I have today received a green letter from Lowell Solicitors saying that I have not paid the £50 instalment on a CCJ they have obtained on a VERY old Orange mobile phone account. This is the first letter I have ever received about this naturally, it made me check my credit file where low and behold - a CCJ has been placed under my old address (not lived there in almost 7 years). This letter says that I have got until the 11th December to make the £50 payment or they will recommend enforcement action. My issues are as follows. 1) This is the first thing that I have heard about this (genuinely) and did have an old Orange account at my old address back in 2008 after falling on hard times. No payments have been made on that account since we moved in Feb 2011 and I have not knowledged anything. 2) The CCJ which was obtained in Oct 2017 is under my old address so does that mean that any papers I would have needed to see for challenging etc have gone to that address? 3) Can a CCJ be obtained and enforced on a statute barred debt? Hopefully, someone can help me out here and give me some advice. Cheers Scott -
I have two statute barred student loans from 97 and 98. I am finishing my degree and was told by student loans company that I have no outstanding debt and that I could proceed with the finance application. I have now been told that: "We have had confirmation that the balance is statue barred, however, this does not wipe off the debt from your account. As you are in breach of the original loan agreement, you will remain ineligible until such a time as the arrears have been cleared in full from your account". I will be derolled if I can't get the loan to pay for the tuition. Is this correct information I have been given? Thanks
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Hi all, I became a carer for my parents way back in 2007. To do this I had to give up my business and as a result had my home repossessed. As my mum had dementia and declined rapidly I had little time and even less inclination to deal with it all, and dug my head in the sand. At the old property (by that point I was living with my parents) I had a lot of debt letters and just left them there. Only 2 creditors are still chasing me via debt companies. They are both credit card debts. I sent 1 of them the statute barred letter as they turned up at my door the other week. The guy was more of a friendly 'good cop' than a bailiff. They have replied back saying the debt had a CCJ issued in 2008 and gave me a case number to check. This would have been addressed to the old property which was repossessed in 2010. My parents died last year and although I have inherited the house I have yet to process it at the Land Registry. I am worried about balliffs turning up. The debt is around £7k. Thanks JM
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Hi I have received a claim from Northampton County court business center, for a debt I am certain is statute barred as after checking my credit report online the last payment I allegedly made was in June 2009 I say allegedly as I was unemployed at the time and had been for 6 months, hence why payments had stopped. The debt was on a Barclaycard which had payment protection on, I contacted Barclays when I was made redundant to ask them to stop the interest and make a claim on the payment protection, they refused both of these requests and asked me to phone their insurance service based in Dublin. XI did not do this as I thought it excessive that I should pay for phone calls to Dublin etc as the card was taken out in my local branch of Barclays. I have not made any payments or had any contact with Barclays or any DCA since 2009. This is the wording of the court documnent Particulars of Claim The claim is for the sum of £2617.45 in respect to monies owing under an Agreement with the account no. xx.xx pursuant to The Consumer Credit Act 1974 (CCA) The debt was legally assigned to MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of this agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. The Claiment claims 1. The sum of £2617.45 2 Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 20/07/11 to the date hereof 2027 days is the sum of £1162.89 3. Future interest accruing at the daily rate of £ .57 4. Costs Questions I have on this are why is the date stated as 20/07/11, I 100% did not contact or acknoledge this debt after June 2009. I have no idea who MKDP LLP are. Would sending in my defence to the court be a statute barred one, or just acknowledge the service and ask for evidence from the claimant which seems to be a different company to whoever MKDP are. They are listed on the court letter as Hoist Portfolio from Jersey, and Howard Cohen and Co who I think are solicitors. Any Advice would be greatly appreciated Rob BTW I have 4 days to reply to the court -
Hello all, Friend of mine asked if I can check something for him. Is his debt written off after 6 years? For example letter had arrived today from DCA and debt last payment he made was on 01 Jan 2012. That when he made last payment. Does DCA 'reset's almost 6 years period of time? Thank you! -
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. -
Hi, I received an email this afternoon from Robinson Way chasing a debt of around £4500. This debt fell off my credit report in June this year, and I think its statute barred, although I don't know if I ever made payments that have not been recorded and I have changed banks since so its not easy for me to check I think I understand the burden of proof is on them but I am unsure what my next move should be. On my credit report it stated 'owner gone away' before it fell off. Thanks in advance for any advice.
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Just trying to get this clear in my head, old car purchase properly terminated via section 99 sold on to various DCA usually gets to letter before action send copy notice and lenders admission they ignored notice see you in court it goes away for goodly while has just resurfaced ( with massive discount on alleged amount) but it is now since 2009 when the first alleged debt was claimed. As I understand it all the time the DCA contacts me and to avoid going to court I respond saying I do not acknowledge debt here is proof they can keep passing it around trying. Now if I say that I have no intention of effectively wasting my time as its out of time anyway have never acknowledge the alleged debt and have no intention of ever doing so they should stop? -
Hi, Sorry I don't know a whole lot about this but I have suddenly had three old debts pop up from different debt collection companies threatening me with further action etc. It seems to have happened as I made an inquiry with a PPI company a few months ago but didn't bother going any further and I am now wondering if that has opened me up to all of this. I think these three debts are statute barred as I have not made any contact whatsoever or made any payments or acknowledged the debts for at least 7 years, maybe longer but knowing how sly some of these companies can be, I wouldn't put it past them to fake an acknowledgement or some form of "contact" and so it worries me about emailing them or writing to them and stating that these are statute barred debts. I am worried that they may try to trick me. How can I prove that I have not made any contact for all of these years? They could easily just say oh yes you have...I don't understand. Can anyone please give me some advice on how I can stop these writing to me and making threats or maybe give me the best wording to put in an email? As saying "you can not enforce this is as it is statute barred" is in itself admitting to the debt I suppose. Also, there is no doubt it is at the very least 7 years since any contact was made. Many thanks.
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Hello, In 2007 I received a letter about a mortgage shortfall from December 2002, a payment had not been made to the OL since around April 2002. The OL sold the property in 2002 for around 40% below market value (in comparison to other properties in the street that were sold around the same time) and valuation. I sent two SARs to the OL (The Northern Rock) in 2007 in order to see how the outstanding monies for the property could be at such a discrepancy to value, I wanted to ensure that CML guidelines had been followed correctly and that best value was attained. No responses were made to my SARs. I argued all relevant points with the solicitors representing the debt company regarding this and SAR'd the debt company. After this everything went quiet until 2013, same scenario with a differencing representing solicitor firm, my response the same as previous, their response "we are closing this case". All quiet until 2017, again a different representing solicitor firm around 6 weeks ago, 3 letters later of "we represent our client and we need you to send us details of your income blah blah...." I have not acknowledged this debt and the debt has never had a payment made against it. I have read the OFT guidance on statute barred and as all will know 12 yrs for mortgage. The only "but" is the statement that as long as a creditor stays in regular contact then it isn't seen as unfair to pursue. My argument against this is that every time I have been contacted I have never received satisfactory response and the situation has been closed. Now I am seeing repeated contact over long periods of time as a means of prevention of said debt being classed as statute barred, which is feeling like an unfair practice to me. Can anyone advise please? -
This not my debt or my fight, BUT.. A friend has contacted me re a debt they once had but had long since forgotten about. Out of the blue in September 17 they received a County Court Judgement issued by the bulk mailing centre of the courts from Northampton, judgement was awarded by default to the DCA's solicitors/DCA The debt was in excess of 8k, I suggested they wrote asking judgement be set aside and for it to be transferred to their local Court. The issue is two fold, the defendant (my friend) seems to think that the last payment they made was in 2009 thus putting the debt over the 6 years stat barred limit. However, since the initial court judgement being set aside they logged an account with experian for their credit record and it shows that there were 3 payments made in 2011 , Oct/Nov/Dec 11...which co-incidentally means the debt is not stat barred. As they have no recollection of these payments they're tending to think they were added by the DCA to remove the debt from being stat barred ( From personal experience I know dca's have manipulated a credit file of an alleged debtor to suit their own means for collection purposes) but I'm not sure they'd be able to edit a file in this particular instance but maybe they could of?) What is the position on a debt when it's in the court system? As in, the new date at the local court for the previously set aside judgement takes it to over 6 years since even the last recorded payment (even though that initself is disputed) will this mean the debt by the time of the hearing is stat barred so the case would automatically fail or does the clock stop on the debt when it was initally given judgement in default by Northampton? (which was 5yrs 9months since the last alleged but now disputed payment) ? Also, if the clock is stopped due to the court action, should they write to the dca via recorded means requesting a copy of documents (credit agreement / the three payments in dispute) ? They did write to the dca with a cheque for £10 for SAR but received an answer back from the DCA's solcitors with a load of technical jargon re customer confidentiality (dca/solicitor correspondence) and so would not give any of that information but that the DCA would be in touch soon with whatever they had blah blah? Any pointers would be much appreciated.
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Hello everybody, I am acting for my partner who had PPI added to his Capital One credit card account one month after he took on the credit card. He did not sign or tick a box to accept PPI. He was quite clear to Capital One during the application process - he didn't want PPI. One month after he signed the agreement, Capital One telephoned him and asked him to have a direct debit. He said yes to the direct debit. He always worked very long hours so did not notice until last year that Capital One had added PPI to his account the same day as that phone call. As soon as he noticed, he cancelled it. Capital One refused to refund the PPI payments. We went to the FOS, whose adjudicator gave his decision that because my partner spoke to Capital One in that telephone conversation one month after opening the account, my partner "must have, on the balance of probabilities", agreed to taking out PPI. This, despite the fact that my partner provided the copy original credit card agreement, (hard evidence), and Capital One only provided the standard blank telephone script. We complained to the adjudicator and asked for an ombudsman to take on the case. The adjudicator wrote back explaining his reasons in full, and saying he wanted to "resolve the matter informally", and asked my partner again if he wanted to put it to an Ombudsman, or accept his "view" so as "not to delay matters further". My partner has written back saying that he had already requested that the matter go to an Ombudsman and that he is contacting our local MP. I personally believe that the FOS have agreed a quota with the credit card companies, as to how many consumers' claims they will let through (decide in favour of), and that they are now under so much pressure due to the number of claims they are processing, that they now wish to get rid of as many claims as possible, without looking at hard evidence. I believe it will take interference from an MP to get a fair investigation and a fair decision from the FOS. -
Hi everyone, moderators - please move this post if I have posted in the wrong forum. I have discovered that 1st direct have registered a default against me, in 2014, for a Barclaycard debt unacknowledged since 2003. I only found out when I was turned down for a bank loan this year (from a bank where I've had my current account since 1984!) Having read these forums, I realise this isn't that uncommon, although it seems completely immoral and unethical to me. I have submitted a SAR to Barclaycard, but they have said it will take up to 40 days to reply (and to ring if it still hasn't arrived ....). My question is; what is the quickest way to restore my credit record? Thanks in advance to everyone who replies, I appreciate how much people on here help others for no (financial) reward, I feel it's a triumph of the human spirit against a system that is loaded against the individual. -
I was 20 when Halifax said hey, fancy a £10k overdraft limit and a £7,000 loan at a large APR. Stupidly I said yes. I tried to keep up, but failed. We're 11 years down the line, the debt has passed around from place to place. I moved a few times, they chased, but I never answered a single letter or phone call. 2013 it went to Arrow global, after that I found letters from capquest offering negotiations, Arrow again seemingly, then a month ago Blake and Morgan claim to have purchased the debt and asked me how much money I earn. I ignored and today received a county court claim form. First thing I did was ring the national debtline, who said I should ring blake and morgan asking for a statement of accounts and when the last payment was made. I did that. I apparently made a payment to the account early May 2012, they said this was most likely to Arrow as they had the account at the time, afterwards I found paperwork which said Arrow purchased the account in 2013, so this apparent payment can't of been to them. Morgan said the account is on hold for 30 days for the moment, and I was about to send a formal letter asking for the statement of accounts tomorrow when google led me here. Looking through my old bank statements, the last payment that went into that account was September 2010, nothing else went in, after that I stopped using the account as it was minus a large amount. I have statements up to Feb 2011 clarifying this. I can only assume I don't have any statements after this because the account was closed for no activity and being minus 10k. There is definitely no way I have made this payment in May 2012, the account should have been long shut. I rang Halifax to confirm when the account was shut and after very nearly getting the information I need the call mysteriously hung up and when I rang back the other woman I spoke to said they can't give me the information. Any advice would be much appreciated.
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Question regarding Statue Barred If you have been overpaying on a unsecured loan and then stop paying, but because you have been overpaying you have built up a reserve balance of money which then continues to service the accounts minimum payments for the next 6 months. When is the statue barred date? e.g. Physically stopped paying money into the account August, but the minimum repayments were being serviced by the overpayments balance till March the following year. Also can someone confirm (as I have seen conflicting information on various websites) is it SB from the last payment or the default date? I have always believed it was from when the last time payment was made on the account, granted the default date will generally be well after the last payment (provided you not reset the clock by paying again) so if you get past this date you know your 100% in the clear.
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I hope this is in the correct sub forum Last week I sent a statute Barred letter to Restons Solicitors for an debt that falls under the statute Barred law for an alleged debt to Capital which seems to have been sold to Cabot Financial I did not sign this letter I have recieved a county court claim from Northampton to which i have acnowleged for the same as well the day i sent this letter A copy of the letter was also sent to Cabot This morning i have received a reply from Restons more or less saying that i have sent them a "Draft" letter which purports to come from me which is unsigned and until i sign it to prove who i am they will not Acknowlege reciept nor provide any response! Should I sign the letter and send it back ? Can they ignore my Statute Barred Letter? Ive read storied about DCA making false copies of documents with peoples signatures Thanks in advance
