?Statute Barred?

[friend-in-need]

Hello

 

 

Please can anyone tell me when exactly a debt will be Statute Barred?

We last made a payment on this account on 1st April 2009 and have made NO contact since.

Thank you.

[Old Cogger]

1st May 2015 in england

 

1st May 2014 in scotland sure others will comment

[citizenB]

I would say you need to add on an extra 2 months to the last date you made a payment or acknowledged liability before being able to claim a debt is statute barred with the dates you have given (for England).. In Scotland, I would say it is already SB

[friend-in-need]

Thank you very much... I'm in England and had sort of hoped it would have been on 1st April this year . Never mind.. We'll just tight and hope for the best.

 

 

Thanks again.

[Sidewinder]

It is commonly held that the SB date is 6 years after the date of last payment or written acknowledgement of the debt,

 

 

however there is also the interpretation that it is 6 years after a cause of action occurred

- ie the first opportunity that the creditor had to take formal action to recover.

 

 

The detail may well be contained in the original contract as there may stages leading up to a default notice

then the period during which the default can be remedied and only then would a creditor be entitle to sue for recovery.

 

 

On a credit card for example, a payment may become due a month after the previous payment and only then would formal demands for payment start.

 

Hence why it is safest to allow a period beyond the 6th anniversary of the last payment.

[Ford]

ditto (except i dont agree re the def notice aspect generally, as is just a procedural requirement. the eventual claim is re the breach complained of in the dn, which wld then subsist as the cause if the dn is not satisfied), depends on the partic circs/terms. what type of 'account'.....etc

OP hasn't been back yet.

[friend-in-need]

Just been trawling through my Experian reports.

 

 

As I recall this was a credit card account from 1999.

Sold on to another company, and defaulted by new company July 2006.

Paid Fredrickson token payments.

Sent CCA 2009, no response other than the account had been returned to client, and no communication at all since.

Sent in dispute letter and stopped paying.

 

 

Dropped off Experian 2012.

[Ford]

when was the last 'token payment'? if as you say 1st april 09, then a bit to go. on aprils fool maybe

[friend-in-need]

Last payment was posted to Fredrickson, by cheque dated 1st April 2009. We have a copy of the letter and cheque to prove it in our file.

 

 

Thank you.

[dx100uk]

1st may 2009

 

 

+ 6yrs

 

 

1st may 2015

 

 

so are some muppet chasing you still?

 

 

dx

[friend-in-need]

To be honest I don't know for certain if anyone is chasing this,

 

 

I had a phonecall, whilst I was out, last week and

 

 

checking it on whocalled me it would appear to be a debt collecting agency and as this is the only debt still outstanding,

I'm guessing that, it being close be Statute Barring, they are moving on this.

 

Still have not had ANYTHING in writing from anybody since 2009.

 

 

Thank you.

[havinastella]

Well they can't put the default back on the account and they won't have the original agreement from 1999, so expect court papers anyday

[Ford]

and, no extra mth re a token payment after the last contractual payment period expiry. payments after the cause reset, unless there was an arrangement. ie such a payment is just a reset.