Hi Newbie here and I am hoping you guys can point me in the right direction. I've been lurking on here for a few days trying to find out various tips and information regarding my problem. I got into trouble after loosing my job in 2009. I had a lot of debt and couldn't make payments anymore. Entered into an iva in late 2010, made about 5 payments and then lost my new job and had to cancel the iva. I just cancelled my direct debit to the iva and never got in contact with them again. They eventually officially cancelled my iva in spring 2013 and started to get letters from various dcas regarding my individual debts that were in my iva. I paid a couple of credit cards off via dcas with a reduced f and f and got that in writing. But there is one particular debt that hasnt raised its head much. It was for a loan originally with Northern rock which I'm pretty sure was taken out pre 2007. Now I heard nothing about this until about spring 2017. I received a letter from a dca (can't remember who) so I stupidly phoned them up. I said I don't recall this debt so I need some sort of proof of claim. They then left me alone until Cabot sent me a letter in summer 2017. Letter and phone calls ignored, it then went quiet until last weekend when it's being passed to ruthbridge. I presume, because I've not made a payment since originally defaulting, the statute barred clock would start from when my IVA officially finished?? I've only 2 or 3 months to go before it's 6 years from that date so do I just ignore for now? Thanks in advance guys.

I posted this on the banana site but haven't had any response so was wondering if you could help. I've just copied and pasted what I put on their site below. I think I may have missed some of your standard questions so will have a look and try and answer anything I've missed below. If any of you could help I could really use it. I've got a bit of a different one here I could do with some help with. I've seen the forum and have a general idea of what I should be doing but could do with some guidance. Details below: Received a claim? Yes Issue Date: 30 Jan 2019 Have you Acknowledged the Claim?: Yes Total Amount Claimed : £300 Claimant’s Name: Lowell Portfolio Solicitors Firm: Lowell Solicitors Original Creditor: BT Original Debt : Phone Line Particulars of Claim: 1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('the agreement') 2) The defendant failed to maintain the required payments and the service was terminated. 3) The agreement was later assigned to the Claimant on 27/03/2017 and notice was given to the Defendant 4) Despite repeated requests for payment, the sum of £xx remains due and outstanding. And the claimant claims a) The said sum of 222 b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78 c) costs Is the debt Statute Barred: No List any letters you have sent: None Any Other Information or Background Details: This account was from 2008/2009 when I was a student. I had a BT line to allow us to get broadband at our house. When I moved out of the house in 2009 the landlord took over the account as he was providing this as part of the house rental going forward. The name and payment details on the account were changed online. I have not paid anything towards this account since May 2009. Having spoken to BT they said the only information they have is that Lowells made the last payment to the account on 29/11/13 the date the account defaulted. They cannot provide any other information regarding payments due to this being such an old account. Lowell (in a phone call) claim the last payment made towards the account was in July 2013 with the account defaulting in Aug 2013. Is it possible to argue that this debt should be statute barred as I have not paid anything towards it since 2009, or because someone else has made payments does this cancel out this defence? I should be able to prove I have not paid anything by requesting bank statements showing what payments I have made to BT. During my conversation with Lowell they also confirmed that they had been sending documents to another address (different to the account address) which I have not lived at for 14 years. What should my next steps be? Request account details from BT Request the specific documents from Lowell under CPR31.14 Anything I’ve missed? If you need any other info please let me know. Your help really is appreciated with this! What is the claim for – the reason they have issued the claim? 1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('the agreement') 2) The defendant failed to maintain the required payments and the service was terminated. 3) The agreement was later assigned to the Claimant on 27/03/2017 and notice was given to the Defendant 4) Despite repeated requests for payment, the sum of £xx remains due and outstanding. And the claimant claims a) The said sum of 222 b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78 c) costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Nothing received, the claim letter is the first I have got. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Multiple times. Did you inform the claimant of your change of address? No, I left the property after finishing as a student. My landlord took over the account. What is the total value of the claim? £300 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? BT Landline account When did you enter into the original agreement before or after April 2007 ? After April 2007 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not showing on my Noddle account (only one I use) 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. Account assigned and debt purchaser issuing the claim. Were you aware the account had been assigned – did you receive a Notice of Assignment? I did not receive a notice of assignment. Did you receive a Default Notice from the original creditor? I did not receive a default notice. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have not received any notice of default sums. As I mentioned above Lowell have been sending letters to an address I have not lived at for 14 years. Why did you cease payments? I moved out of the house, landlord took over to provide phoneline for the house. What was the date of your last payment? May 2009 (but payments have been made since by third party, Lowells final payment is the only one showing on BT's records) Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I hope answering the above gives a little more information. If anyone can help me with this it would really help me out! If you need to know anything else please let me know.

Hi All. I was going to resurrect the old thread just for the latest judgement, this is an appeal which confirms the view that the coa emanates from the default notice date of course. I know this is an old thread, but there has recently been a test case which proves the point that a COA is in fact the date of the 87DN. Therefore it should be considered as such when calculating the COA and the subsequent barr date. It ties up the large thread nicely https://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html Critically, section 87(1) does not provide merely that a default notice is necessary before the commencement of proceedings to recover everything outstanding under the regulated agreement. It provides that there is no right to treat the agreement as at an end or to make a demand for accelerated payment of outstanding amounts. That is not a "procedural" precondition. It qualifies the substantive legal rights of the creditor. The contractual precondition in clause 8f of the Agreement ("Subject to us sending any notice required … by law) must have the same meaning and legal effect. His Honour Judge Madge, on the other hand, held that the effect of CCA s.87 was that the cause of action only arose after the time specified in the default notice for remedying the default. As said this is the first date that enforcement can start, All. or most points are covered on the judgement and agree with what Sequency or I said at the time. I shall not be discussing this further, it has all been said, unless I see someone being mis-advised.

HI All, I wondered if anyone can help me. I recently received a small claims court summons from BW Legal for a parking charge for £100 dated 07/12/2012. The sum they now claim has risen to £273. I did not know anything about this and have never received a parking ticket or any correspondence whatsoever. In the particulars of the claim, they refer to the PCN dated 07/12/2012 and the issue date of the claim form was 28/12/2018 I obviously thought this was a statute barred debt as 6 years have passed and filed a defence to that effect. I have now received a letter this morning stating that they are continuing with the claim? Please can someone let me know why a Legal firm would continue with a claim that is "Statute Barred" am I missing something or do they know something i dont? Why would they waste their time, my time and the courts time chasing something that they have no right or legal recourse to do so Any help or advice would be very welcome Cheers

I had a loan account with Northern Rock which I defaulted on and they subsequently sold it on to Cabot. The account has been staute barred for about 15 years. I recently made a tentative equiry regarding PPI, via a claims company, as I heard that it shouldn't affect the statute barred status. I have been advised that Northern Rock have accepted the claim and a refund of approx £1100 is due and will pay it directly to myself. They also say that they will advise Cabot to update their account details too. To receive the refund I have to sign an acceptance form which says that this ends any PPI liability etc. However there is also a condition that states that I accept that the cash loan is still in force. My question is this: Even though NR sold the debt to Cabot will my acceptance of this condition for NR constitute activity that will affect the statute barred status, thus "starting the clock again" and therefore give Cabot licence to start demanding payments from me. And also as the PPI is seperated from the original loan, which now doesnt belong to NR, are they entitled to make this a condition of acceptance. My limited understanding was that as the debt was sold on, then my PPI claim was the only issue. I'd appreciate any advice as I could really use the refund.

I have/had a disputed figure with Barclaycard, which they either sold or passed to a DCA (different letters state different things). Neither Barclays or the DCA have had the nads to pursue the disputed figure through the courts and as I haven't responded to any of their nice "please contact us, we will do everything to help you" letters, I have under a year to go till the Statute of Limitations (SOL) kicks in. A couple of weeks ago, I received a letter from Barclaycard, apologising for their their being less than fair on me when I was a customer, and awarding me a couple of hundred quid by way of restitution for the fees, interest, arrears, and threatening behaviour they inflicted on me over the years. It went on to say that as I have an outstanding debt, they would pass the money on to them to deduct from my account. Which, as it isn't an admission of unfairly charging extortionate fees and interest per se, I am pretty sure the money should have been paid to me, not the DCA. And if they sold my "debt" to the DCA, as they have stated in the past, then they wouldn't have had any further claim on my account. Of course, the letter went straight into the shredder and into the recycle bin. Then at the weekend, I received another letter again saying they may have treated me less than fairly, and saying they were going to pay £75 IN CASH no less, to me personally. There was an enclosed form for me to send them details of my bank account to pay the money to. Well, whoop-dee-doo! I'm going to be £75 better off. Or am I? The problem is with the SOL. If I return the form to have the money transferred to my bank account, can they misconstrue this to be me making contact with them regarding the disputed outstanding figure, and reset the SOL again? Is it best to err on the side of caution? £75 isn't a huge sum but after being turned down for PIP after being on (undisputed and indefinite) DLA for the last 6 years (another story) it would certainly come in useful.

Hi , thanks in advance for your help. I have a Capquest debt on behalf of Shop Direct, for 1250 pounds. Default date is August 2013, my last payment listed on my SAR was Feb '13. When does this debt become statute barred?

My partner received a recent demand for an energy bill we calculated from 2011 from Moriarty [Removed] we sent a statute barred letter by signed for (received 03:09) yesterday we received another letter from them threatening court action, can someone please advise the best course of action to get rid of them Removed ? Thanks

Hi All, I recently used a friends address to get a phone contract. A few days after getting the contract he received a letter for me from Hoist Finance Holdings 1 Limited. The letter was in relation to an old credit card debt. I have not had contact with any party regarding this debt for over 6 years. I have not made a payment of any nature or been in contact with the debtors for that period of time. The debt does not show up on any credit reference agency sites. As far as I'm concerned the debt is statute barred and HFH1L are just trying their luck. Should I write to them with the following template or ignore them? Dear Sirs RE: Statute barred debt I do not admit liability for this debt, and I do not intend to make any further payments to it for the following reasons:  The earliest point at which you could have sued for the full balance owing to this debt was more than six years ago  No payment has been made to this debt by me, any joint account holder, or any third party acting as my agent for a period of more than six years  No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years This debt is therefore statute barred and any court claim to recover it will be defended on this basis. If you have evidence that this debt isn’t statute barred, please send it to me within 21 days. Otherwise, please confirm in writing that you won’t pursue me further for this debt. Any advice would be appreciated. Many thanks

Hi all. Really appreciate an opinion on next step, if indeed I should even bother. I had a debt with Black Horse which I disputed with them in 2008 approx. I received many letters from various agencies over the next few years, Clarity, DLC, and Lucas, up until 2013. I didn't ring or write to them and certainly never gave them a penny. This became Statute Barred in around 2014. It hasn't been on my Credit Report since about 2014. Out of the blue today I received a letter from Cabot saying they now have my account and list some methods of payment etc'! Love to hear your thoughts. Cheers, Billy.

Hi, I had a good number of credit card debts - the usual suspects: virgin, mbna, cap1 etc. They all dropped off my credit report a couple of years ago, so I now have what Halifax describe as an A1 rating I would like to remortgage. Should I be worried about a bank or building society that has one of my old credit card accounts in the business group using some sort of set-off mechanism to recover some of the monies I never paid. I'm thinking in particular about a deal I heard on the radio between Yorkshire (building society or bank - I can't remember) and Virgin. But am interested in the principes, too. Thank you.

I have received a letter today from Latern (formerly Motor Mile Finance) about some old short term loans from around 2012. This really is out of the blue, I've heard nothing from them for as long as I can recall and this letter was actually sent to my previous address but was re-directed. It is quite a jovial letter, it reads "So, dust off the BBQ, enjoy the sun and take this opportunity to clear your debts before winter approaches". They're offering up to 60% reduction. This is a summary of the debts: Quick Quid £512 - Last payment date: not shown Northway £838.88 - Last payment date: not shown Think Finance (UK) Ltd t/a 1 MONTH LOAN: £350 - Last payment date 19/06/2012 At least one of the debts (probably all) are 6 years since last payment / taking out the credit so are possible statute barred. None of these debts appear on any of my credit records (Experian / Equifax / Noddle / MSE credit club) 1. What is the best approach with these to avoid acknowledging but ensuring it doesn't escalate to CCJ for example? 2. The address on the letter is my previous address (moved 1 month ago) and the debts relate to an address before that one. Should I do anything about this? I have a postal redirect in place for next 6 months but don't want a door knock at old address because the new tenants know me and my new address. Note that since these bad days of pay day loans in 2012, I have taken responsibility for my finances. I'm a long time YNAB user and have my finances under microscopic control. I have no CCJ's but I do have a some defaults from 3 years ago that are now either satisfied or in a steady arrangement. I'm on the way to cleaning myself up so I don't want to make an error and set myself back. Any advice is welcome.

Hi I’m new to this, trying to get some help, I got county court letters yesterday about a debt with provident from 2007 , from what I’ve read it’s statute barred but Lowell are saying I made a payment of £3.93 on 9th October 2013 as far as I’m aware I haven’t made any payments in at least 6 years but I have no idea what I’m doing any help would be fantastic. Ruth

Hi I'd be very grateful if you could help me with the following query: How do you calaculate whether a bank account debt is statute barred? If the debt is due to an unauthorised overdraft whereby mulitple debit card payments were allowed by the bank to be taken when there were insufficient/negative funds and no deposits were made into the account subsequently what date do you choose for six years elapsed? From the first transaction out of the account that made it a negative balance? And if I may also ask: How do you calculate the statute barred date for a credit card? Is it from the last payment made to the card or is it from the first payment missed? Thank you very much

I recently paid a £1000 debt to student loans - as they sent me a default notice - and I panicked as didn’t want my CRF damaged again - ( having now a clear record ) so paid immediately by debit card....... I’ve just found out that they ( student loans ) should of not sent the default letter to me asking for immediate payment - as they would of known it was statute barred ? Do I have case ? Or because I paid up I am stuffed - so too speak ? Any info much appreciated ? Thanks

Hi, Could someone help me please? , complete noobie questions below:- I've been out of the country and been sent a claim form from the County Court Business Centre for a claim from a 10 year old Halifax credit card debt for £1600 plus £105 court fee and £80 legal representative costs. I have been receiving calls from these people but i just thoiught they were PPI calls. This claim form was sent on 6th April (I flew abroad 7am that day) but i've logged onto the portal (22nd April) and filled in the AOS form to extend, i'm not sure if this will still be possible to do? I may have paid small payments to this debt a long time ago but to be honest forgotten about it, got my credit score back up high and then this lands through my door, i really don't want a court judgment on my credit file. The debt doesn't even show on my credit reports from various agencies. I'm not even sure about how much the original debt was and how much credit was put onto it etc. Could someone help me please in the reply to the court or give me any pointers/online helpers? I really believe that this debt could be Statute Barred. Any help would be greatly appreciated, my main concern is not to get a mark on my credit file and I really don't want to pay a DCA the full amount but would consider a part payment. I'm not even sure if it's gone past that stage that I cannot offer part payment out of court? Thanks in advance x

Hey Guys, I'm following up on some recent developments (though still not confirmed), that a DCA has recently won a claim in Glasgow Sheriff on the basis that a clause witten CCA stated the contract would be treated by English law would be subject to England's statute limits instead of Scotland's. Assuming that this has happened and no appeal's being persued for this case, or if a potential appeal also fails; where does that leave people in Scotland with their devolved rights? Is Scottish the time limit out of the question now for most credit disputes? Is it valid that most CCA's don't properly explain that you'd be derrogating your local statute rights in place of the creditors preference? Assuming Scottish Statute laws are overrided, will this be the same for Scottish jurisdiction laws?..... And will that lead to a slipperly slope where people in Scotland will have to start disputing claims made against them at Northampton County Court? Thanks Guys, all the best

I have two old outstanding debts - £7000 loan and a £1000 overdraft. A bit of background: My long term partner walked out in 2009, leaving me with all our joint debts and paying the mortgage. I continued making loan repayments for a while before stopping as I was not able to afford them. They eventually ended up with a debt collection agency. Having a few major life crises in the intervening years meant that I buried my head in the sand and ignored everything. I am currently trying to sort out a debt management plan with more recent debt on a limited budget. The person I spoke to said I should be including these two old debts. However, they are not showing on my credit report with noddle, clearscore or experian. There are also no ccj's listed, although I suppose there is a possibility that there could be old ones in existence. I was told these debts would not be classed as statute barred as the dca have been writing to me regularly and I have been at the same address for a long time. After finding and opening some old post I have found letters from dca going back to 2011. There have been no payments towards the debt or acknowledgement from me since 2010/2011. Where do I stand? Advice would be much appreciated.

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 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?

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?

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.

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.

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