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?

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.

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.

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.

Hi, I have joined the forum in the hope that somebody has useful information for me in my aim to shake Cabot Financial off, who are chasing a debt which becomes statute barred in September 2018. A brief outline of the debt I am being chased for: Type of debt: Credit debt - Santander Current account Outstanding balance: £590 (consisting £150 overdraft + £440 charges) Account closed: September 2012 After speaking with a helpful advisor at the National Debtline and explaining my situation, I was told it was a difficult one which needed careful consideration of my next steps. I was presented with three options: 1. Wait the seven months and risk court action 2. Set up a payment plan, which would reset the limitation act 3. As it was a disputed debt with Santander, present evidence to Cabot for them to investigate - but this would reset the statute barred clock. I have email records of a complaint I had made to Santander about charges on my account late in 2011. Santander acknowledged receiving my complaint, they even followed up with an email apology for the delay in responding to the complaint - but this was to be the last correspondence with no further follow up and the issue remained unresolved from their side. I have records of this correspondence. I stopped using the account and the charges continued until the bank decided to close it in September 2012. I really don't have the money to pay this debt. I would really like to avoid paying it especially as it was disputed with Santander in the first place, I can't afford a CCJ as it will stop me getting a mortgage which I hope to be in a position to go for within the next few years. I am looking for delay tactics without acknowledging the debt to get me into the statute barred date when I can confidently answer a Cabot phone call and tell them to do one! Any wisdom would be greatly appreciated!

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

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

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.

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.

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?

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 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

Hi All, Hoping for some advice. I have today received a county court letter issued on behalf of a claimant called ME III Limited in regards to a very old loan with Blackhorse Finance from 2006. If memory is correct this loan was paid off back in 2010/2011 (it had previously fallen into arrears). this was paid via an ex partners bank who now lives in Australia so I have no way of verifying this with her. I have had no contact with any company relating to this debt since this period, and if in the event it hadn't been cleared as advised, I believe this would be Statute Barred due to the time period. I have checked Noddle and Clear score and neither have any record of this debt. How am I best to respond to this without proof of payment? Should I respond to the claim online stating it had been cleared or at least should be statute barred or should I contact the claimant solicitors with this information and a statute barred letter template for good measure? Would be grateful for any advice.

Hello all at CAG, I've received a second claim from Hoist/ cohens for a credit card. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 03 Feb 2017 Date to submit defence = - by 4pm Friday 03/03/2017 ? What is the claim for – Particulars of claim: (As Written) The claim is for the sum of £11079.33 in respect of monies owing under an agreement with the account no. xxxxxxxxxxxxxxxx pursuant to the The Consumer Credit Act 1974 (CCA) The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defenadant pursuant to Section 87(1) CCA. The Claimant Claims: 1. The sum of £11079.33 2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 27/09/11 to the date hereof 1947 days is the sum of £4727.90 3. Future interest accruing at the daily rate of £2.43 4. Costs What is the value of the claim? £15807.23 (plus court fee £711.33 & Legal Reps Costs £100) Total £16618.56 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Approx 2000/ 2001 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 (hoist) Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Can't be sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Business ceased trading and couldn't afford rent let alone DMP payments What was the date of your last payment? January 20th 2011 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 managementicon plan? Yes, Payplan DMP set up in Feb 2010 I wondered if I could use the statute barred defence or should I use the no paperwork? I have done the AOS on MCOL, should I send the CPR and CCA requests regardless of defence? Your help is much appreciated.

Hi all, Was just going to complete the defence myself as I didn't want to trouble you all with (what I believe is a pretty simple defence), but hopefully this can help others, who are in a similar situation. This morning (dated 6th June) received a claim form, details below: Name of the Claimant: Arrow Global (Drydens Solicitors) Date of issue – 6/6/17 What is the claim for – the reason they have issued the claim? 1. The claim is for the sum of CA £7.5K in respect of monies owing by the defendant on a credit agreement held ny the defendant with MBNA under account number **************** upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from MBNA to the claiment, and the defendant has been notified of the assignment by letter. Contact Drysdens Solicitors on ...... What is the value of the claim? CA 7.5K Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CC 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. Assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, after SB date had passed Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial Difficulties What was the date of your last payment? End February 2011 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 offered £1 per month untilI was in a better financial position but was ignored so ignore them and their letters. I'm assuming this is a pretty simple statute barred defence, the last payment was Feb 2011, so first cause of action would have been end March 2011. Looking at my credit report it says in June 2011 payment was up to 5 months late.. (5BB), defaulted in August 2011. Is there any point me filling in the AOS for an extra 14 days, seems I'm just giving these leeches extra time. Just to be clear my defence will be: 1 The Claimant's claim was issued on 06/06/2017. 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £7500 (approx) or any other sum, or relief of any kind is denied. Hope I've covered it all. Main question was do I really need to AOS to give them extra time? Thanks for all the help, both now and in the past. Just a quick note, it's odd they are not claiming interest. Not seen this before, just £410 court fee and £100 solicitors costs. Does that mean they've already paid £410 to issue the claim..?

I tried to buy a drone back in 2010 before they really took off, if you'll pardon the pun. I paid somebody over £3000 to build me a drone via electronic transfer but it all went horribly wrong. I never received a working drone and he took it away to get it sorted out and I never really heard from him again as far as supplying a working drone. I've contacted him on and off over the years with lots of promises from him that he would pay me back and in my travels found a lot of other people he owed money to. He has also changed addresses a couple of times. I finally tracked him down to a company in Kent and called him late last year and he acknowledged the debt by email but after more promises have received no payment. I have his work address but no longer know where he lives. Am I right in saying that as he has recently emailed me acknowledging the debt as recently as November 2016 that the debt is not statute barred? Where can I go from here? Is it worth pursuing through the small claims court or is it likely that I can get a debit collection company to pursue it for me after all this time. We are about to buy a new house and the money would be very useful. Any help appreciated.

My credit record has two 'defaults' registered, both originally Egg cards, but following a CCA request for the original docs they were unable to provide those, so in effect unenforceable. One of the entries is by Barclaycard(£5306) the other (£1285) by a DCA, Cabot, I've never had any correspondence from at all (though there have been 4 DCA's trying to get money!). Barclaycard registered a default date of 01/03/12, even though the DCA dealing with it at that time was Moorcroft. Cabot registered the other as 24/01/12. None of these 3 has ever sent any Default Notice of any kind. I understand the legally effective date from which a Statute Bar is applied is either a (lawful) Default Notice, or the last payment made by me to the alleged creditor. That date would be 01/07/11 -I have proof that was the last payment I ever made to Egg via CCCS as it used to be, now Foundation for CRE. I now want to get these two 'defaults' removed from my credit record -I know they will 'drop off' in a few months time,but I want to act now. How should I go about this? Thanks for any help!

Name of the Claimant ? Lowell Potfolio 1 Ltd Date of issue – 11 May 2017 What is the claim for – 1.The Claimants Claim is for the sum of £564 being monies due from the Defendant to the Claimant under a Financial Services agreement regulated by the Consumer Credit Act 1974 between the Defendant and HFC Bank Limited under account reference XXXXXX and assigned to the Claimant on 23/12/2011 notice of which has been given to the Defendant. 2.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3.The claim also includes statutory interest persuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.12 from the date of assignment to 22/12/2012 being an amount of £43.92. What is the value of the claim? £738 Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Loan When did you enter into the original agreement before or after 2007? Before 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. Assigned - Lowell Portfolio Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Unknown Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so. Why did you cease payments? Financial difficulties. What was the date of your last payment? Probably June 2006, but proven as before Nov 2009. 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. Hi all. I have read several threads on the forum, and could probably work out how to do this on my own, but I would feel a lot better with some experienced guiding hands. I have received a court claim from Lowell Porfolio regarding a loan taken out originally in 2005 with HFC for goods purchased from a high street retailer. If I remember correctly, there was nothing to pay for 6 months, followed by 6 months interest free payments. Failing that it was to revert to 36 payments with interest. I believe that I only made one initial payment, before falling into difficulties. I have managed to find a statement from HFC stating the balance in Nov 2009, and that is the same balance that has appeared on all correspondence to date, so I can show that nothing has been paid since then at least. I do have a letter dated Nov 2012 stating that the loan had been assigned to Lowells. Any help on my best course of action would be gratefully received.