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  1. Hi Cut a long story short a debt for a current account last payment made over 6 years ago in May 2006, court summons received in Jan 2010, case stayed with consent order sealed at court, no contact made from creditor SCM aka Lloyds TSB to arrange payment 2 and a half years later 6th June 2012 a notice of hearing application arrives just after the 6 year limit, I have to attend court next Wednesday, I am prepared for this but one question is it worth me even mentioning the statute of limitations or is this not allowed due to the consent order. thanks for any advice/abuse received
  2. I have about 7 credit card and bank accounts which fell into debt 6 years ago, and I am wondering if i can claim back the charges on them? Has anyone done this successfully? I am concerned that if I did try this they would start chasing the debts again, or it would be seen as an acknowledgement of the debts. I am pretty sure they are now statute barred as my last payments were over 6 years ago, but I did enter into an IVA after that date, and the last contact from that plan was Aug 07. I'm not sure if that counts as acknowledgment from a statute barring POV. Can anyone help? They added several thousand pounds in charges between them, and oh boy, could I use that money now!
  3. Hello All,I have a debt that I can only assume is statute barred (last payment made was 2001, creditexpert showed default date as 2005 - either way, now past 6 years and my credit is good). I am still receiving lettes from a new company now (Paladin). Now I am going to go through the blunt fone call (stop mailing and you will be receiving a registered letter through the post outlining the limitation act, etc.) and the actual sending of the letter. My main worry though is - The debts have now dropped off my credit history report...If i start this whole process, can they put the percieved debt back onto my credit report, hence affecting my score and my now glowing credit???Any advice would be appreciated. Thank you.
  4. The last payment was made on the debt 6 years ago next month. I have had phonecalls, all unanswered thanks to caller I.D and countless letters from various DCA's, Moved house 4 months ago and had a "tracing" letter from a company a month ago ( which i never responded to ) then today a completely different company has sent a letter saying 7 days or we're taking you to court ( much the same as every other company that this debt has been passed through) i have never responded to any of the letters or spoke on the phone. as of next month can i say that i'm statute barred? or will it be August before i can say it? I have never had any court papers regarding this debt ( or any debt) to fill in so assume they haven't taken me to court already in the past so i shouldn't have a CCJ...am i right? You can probably tell i'm not to savvy with all of this.
  5. I've made a mistake!! I wrote to a creditor last week, assuming that the assumed debt was statute bared, however, this seems not to be the case... I received a response from the creditor saying that the statute bared hasn't come to pass as yet. It doesn't until September 2012!! Four months time...sheeesh The original debt is from 2001, however, it seems that a payment had been made in sept 2006. Which means it's still active. I received a print out of three previous payments made around that time, September 2006 being the last one. My question is, what might be the best way forward with this situation, and as I have now contacted them, does that mean that it's another 6 years? I was considering asking them to prove that this debt is actually mine? I have pasted a copy of the letter I have sent, along with some details of their response...HELP I don't want to mess this up! this is the letter i have sent... Dear Sir/Madam, You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the limitations act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” I would also point out that the OFT say under their debt collection guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR 2008” I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply. Yours faithfully, This is a brief of the reply they have sent... Upon our own investigations, we have confirmed this not to be the case. The last payment made on the account was 19th September 2006 or the sum of £10.00, please find enclosed statement confirming this. the original default was registered on the 20th November 2003 with the original credit grantor **** and the account was opened on the 14th January 2001 As the sis year time limit as dictated by the Limitation Act 1980 has never expired, the matter is not considered statute barred.The current balance is therefore due and payable. Any constructive advice would be greatly welcomed!
  6. Hi all. I am a novice to all this debt and just require some advice. I have received a letter from Bryan Carter Solicitors; RE: Arrow Global Guernsey Limited. For an outstanding Balance of £679.07 The letter states; "This matter may be referred for court proceedings to be issued in 10 days if payment is not received at our office by that date." Previous to this I received a couple of letters from Fredrickson International Limited; Re Brand/Product: Capital One. Our client: Arrow Global Guernsey Limited. Balance £679.07 I ignored the Fredrickson letters as at first they wanted me to contact them to verify if I was the correct person. So as far as I was concerned they were phishing. I did have a debt with Capital One which I last paid towards in about mid 2005. I then stopped paying as I was advised to and started proceedings to enter an IVA. The IVA was entered in February of 2006. By end of February 2006 I was made redundant and did not find work till May 2006. I missed one payment on the IVA in that time. I requested that the amount I was paying the IVA be reviewed due to my far lower pay scale but unfortunately this didn't happen. I struggled with the payments but unfortunately and ultimately the IVA failed in the January of 2008. I have not heard anything from any one I had debts with since I entered the IVA until now. So one question I have is, As the final payment to the debt with Capital One was in 2005 does this make the debt Statue Barred or does the fact I was paying into the IVA mean it is not? What steps should I take next? Thanks in advance. Andy
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