Statute barred debt - what constitutes contact?

[bongo boy]

Hi,

 

Final question for today I think, what constitutes contact when considering a statute barred agreement? I've noted this in another post;

 

"If the lender or owner has been in regular contact with the customer during the limitation period, the firm may continue to attempt to recover the debt."

 

Surely if you write to a DCA that constitutes contact? If so how do you deal with them (other than ignoring them) or dispute anything? Or am I misunderstanding the requirement? Do you still have to admit the debt or pay something to restart the 6 year period again or is simply corresponding with them enough for them to say they are in contact?

 

Confused ! Can anyone help?

 

Bongo

[BankFodder]

"An attempt to recover the debt" is very different from trying to enforce in court. Even though a debt is statute barred, it doesn't prevent a debt collector trying to make your life miserable until you give in and pay up.

 

Statute barred means that the debt is unenforceable at law and you can use the Limitation Act as a defence

 

Also you seem to have misunderstood the wording. It is they – the creditor must have been keeping contact with you. If they have abandoned contact with you for a period of six years then they cannot recommence under any circumstances.

 

If they have been trying to enforce the debt during the six years then they can continue – although if it has been more than six years since you last missed a payment or made any acknowledgement of the debt then they will be prevented from enforcing the debt in law.

 

Under the new CONC regulations if you now inform them that the debt is statute barred, then they are prevented from even taking any enforcement action. This tends to put an end to one of the great anomalies of the Limitation rule

[bongo boy]

"An attempt to recover the debt" is very different from trying to enforce in court. Even though a debt is statute barred, it doesn't prevent a debt collector trying to make your life miserable until you give in and pay up.

 

Statute barred means that the debt is unenforceable at law and you can use the Limitation Act as a defence

 

Also you seem to have misunderstood the wording. It is they – the creditor must have been keeping contact with you. If they have abandoned contact with you for a period of six years then they cannot recommence under any circumstances.

 

If they have been trying to enforce the debt during the six years then they can continue – although if it has been more than six years since you last missed a payment or made any acknowledgement of the debt then they will be prevented from enforcing the debt in law.

 

Under the new CONC regulations if you now inform them that the debt is statute barred, then they are prevented from even taking any enforcement action. This tends to put an end to one of the great anomalies of the Limitation rule

 

Sorry perhaps I am confused, what I meant was if they continue to call you and write to you but you don't acknowledge or respond then does this still constitute contact? How would they prove they have made contact if you don't respond? It seems a little easy for them to continue writing (as in my other posts to an old address for this person) for this never to apply?

 

However if you don't reply or respond for six years can you then write to them to say "Statute Barred" ? I'm just confused because if you maintain contact with them refuting their claims it seems they can just go on doing it, even if you never acknowledge the debt or make a payment at all? is that right or am I missing the point?

 

Cheers

 

Bongo

[BankFodder]

However if you don't reply or respond for six years can you then write to them to say "Statute Barred" ? I'm just confused because if you maintain contact with them refuting their claims it seems they can just go on doing it, even if you never acknowledge the debt or make a payment at all? is that right or am I missing the point?

 

Cheers

 

Bongo

No, you haven't missed the point at all. In fact you seem to have understood the point rather well.

[bongo boy]

No, you haven't missed the point at all. In fact you seem to have understood the point rather well.

oooohhhh Okaaay I get you.. so the ONLY way to stop it is to ignore completely until they give up, however they cannot enforce after 6 years through any other means, ie court, is that correct?

[dx100uk]

correct

 

however, you need to be mindful as to how you are interpreting the start date of the SB period

 

the differing types of finance have differing concepts upon when the SB clock starts ticking.

 

in a nutshell, it starts from the date when the creditor first 'could' have gone legal.

 

dx

[bongo boy]

correct

 

however, you need to be mindful as to how you are interpreting the start date of the SB period

 

the differing types of finance have differing concepts upon when the SB clock starts ticking.

 

in a nutshell, it starts from the date when the creditor first 'could' have gone legal.

 

dx

 

Ah ok,

well looking at this file

they stopped making even token payments and cca'd the account almost ten years ago,

(never recd, admitted at one point it didn't exist)

 

default no longer on credit file etc by some years,

 

i'm assuming this is now well beyond a time where court action was possible?

 

relates to an MBNA account taken out in 98 it seems.

[dx100uk]

certainly looks that way

 

I was talking in general too mind.

 

dx

[Duffers Mum]

Can I ask a quick question on this?

 

I received a default notice, at the time I was paying reduced payments.

 

I carried on with reduced payments up until the account was handed over to a DCA.

 

Th debt has fallen off my credit file now and my last payment was made in July 2008.

 

I have never admitted liability so am I correct in thinking It will be statute barred come the beginning of August?

[dx100uk]

as a default notice has already been issued

so 'someone' could already have gone 'legal' after issuing one

 

it will prob be 6yrs from last payment.

 

dx

[The GodMother]

what if the DN is incorrect as in has default charges and other charges on. Does not have correct details eg customer name/ address on it and amount minus the charges.

[dx100uk]

you can post what/if's till the cows come home

 

the fact is whomever did it, would have marked the file.

 

so they obv considered it correct.

 

dx

[The GodMother]

I understand that Dx but they clearly ignored my letters. I gave up after several of them.

[dx100uk]

better this is on your own thread tgm

 

have you one?

 

dx

[The GodMother]

It keeps getting took down dx. I had asked a question in relation to my studio thread. Have even asked a question on my studio thread but that was months ago with still no answer

[BRIGADIER2JCS]

Can I ask a quick question on this?

 

I received a default notice, at the time I was paying reduced payments.

 

I carried on with reduced payments up until the account was handed over to a DCA.

 

Th debt has fallen off my credit file now and my last payment was made in July 2008.

 

I have never admitted liability so am I correct in thinking It will be statute barred come the beginning of August?

 

 

 

Send the SB letter by signed for post.

[The GodMother]

Blimey DM this is still going.

[Duffers Mum]

Yes but hopefully not for very much longer

 

Brigadier, I will do once I'm confident those 6 years have passed (very soon now)!

[BRIGADIER2JCS]

Yes but hopefully not for very much longer

 

Brigadier, I will do once I'm confident those 6 years have passed (very soon now)!

OK.

 

 

A properly worded SB letter is not an admission of liability.

[Duffers Mum]

I just want to make sure before anything is sent that the 6 years have definitely passed!

[ims21]

I just want to make sure before anything is sent that the 6 years have definitely passed!

 

Absolutely.

 

No point in sending an SB letter until it actually is SB.

[BRIGADIER2JCS]

When in July 2008 was the last payment made?

[Duffers Mum]

I don't want to say too much for fear of prying eyes! Just hoping to bide my time

[The GodMother]

good on you DM