When does the Statute Barred clock start ticking?

[maggie60]

Thanks Uncle Bulgaria, that's what I have been umming and ahhing about for the last few weeks. They are reducing one by 90% because the DN is nearly off my file and is shortly SB'd. Another which is relatively new (3 years before SB) they are offering 75% off.

 

 

So maybe best not to poke them!!

[unclebulgaria67]

Thanks Uncle Bulgaria, that's what I have been umming and ahhing about for the last few weeks. They are reducing one by 90% because the DN is nearly off my file and is shortly SB'd. Another which is relatively new (3 years before SB) they are offering 75% off.

 

 

So maybe best not to poke them!!

 

Not yet. They won't have the CCA's in their files and would have to request them from original creditors. As time goes by OC's will move records offsite and go through system changes making it more difficult getting hold of records. Unless you really need to make the requests because there is a present threat that a court claim is being issued, then i would leave them alone.

 

With the debt that has 3 years to go before SB, if the account was taken out after April 2007 with the OC, they don't need the original CCA for court, but would need to document the debt if challenged. You might want to set up a new thread about this particular debt, to see what the score is with it. If they are offering 75% discount, perhaps they know the debt has loads of charges included or there are other issues.

[dx100uk]

numerous threads merged yet again on your story sara

 

 

dx

[maggie60]

numerous threads merged yet again on your story sara

 

 

dx

 

 

 

 

 

Another one of your catty little comments dx,

[dx100uk]

sara we are trying to help you and guide you upon what to do

 

starting a new thread every time you have a question regarding something that was already recommended on an existing thread rather leaves people in the dark as to why you are asking the new question.

 

better to keep to one thread

then people and yourself don't get confused.

 

the issue of sending 3 CCA requests in the same envelope with a £3 PO = there isn't one.

 

so have they responded yet

and is it passed 12+2 working days since you sent them?

 

I think it is going by the history in this now merged thread?

 

dx

[unclebulgaria67]

We see this all the time. These debts being a nagging sore that people keep thinking about, a question comes into a head and a new thread is posted. As dx says, it is better if you stick to one thread, because you might ask a question, where a simple reply is offered in ignorance of previous thread information.

 

What you have to remember is that DCA's run through standard debt collection cycles and it is all about making money as efficiently as possible. They probably gain enough money from the first run of communications, that any unpaid debts on a list can be put on a back burner, allowing them time to chase newer debts they have bought. At some point they might start looking at your debts to see whether they can easily enforce them. If you read threads on CAG you will see that many debts become stature barred before they get around to threatening court. Until you start being threatened with court, you might want to hold off any actions such as sending letters. Or if you are that worried, you can negotiate reduced settlement of debts which are not statute barred.

[maggie60]

We see this all the time. These debts being a nagging sore that people keep thinking about, a question comes into a head and a new thread is posted. As dx says, it is better if you stick to one thread, because you might ask a question, where a simple reply is offered in ignorance of previous thread information.

 

 

Yes, I can see that now, and why dx consolidates them

[dx100uk]

please post on your own thread

 

 

dx

[maggie60]

All but one of my husband's debts are now statutory barred now, except one.

 

Cabot own the current one from a mobile phone company for around £600 and they wrote to him last November saying they would accept £200 to mark this as satisfied.

 

They also own one which was a Lloyds current account for around £2,000 and the default date is shown as 28 January by Lloyds and 26 May by Cabot.

 

A couple of questions -

all default notices will have expired in eight weeks except for the £600 one

- will it be better to accept their offer and pay the £200 to clear this.

It will expire at the end of next year - worth it?

 

He has no intention of applying for any credit at this point in time, but you never know.

 

I assume it would be better to sort this and then correct the Lloyds default date with them.

 

PS - dx, I hope I have put this in the correct thread for once.

 

test

[renegadeimp]

If cabot offer a discount like that then somethings wrong

They dont normally enforce legit debts. Do your homework and find out whats wrong with it.

[maggie60]

Sorry, I said it expired end of next year but I got confused with my last remaining one. This one expires in 2020.

 

 

If cabot offer a discount like that then somethings wrong

They dont normally enforce legit debts. Do your homework and find out whats wrong with it.

 

They have done it at least once before asking for about a third of a debt that has long since disappeared. Maybe they know they will not be able to respond to a CCA request adequately.

 

Should we contact the CRAs to correct the wrong default date or the DCA?

[dx100uk]

that's sounds all good news then sara.

 

 

if you think a default date is wrong

and you have written proof.

 

 

copy the written proof.

and attach that to ...a letter to the ORIGINAL CREDITOR

giving them 14 days to correct the defaulted date

before you start a complaint to the ICO and seek financial compensation for the damage to his credit file.

 

 

as for paying anyone, giving discounts

either unenforceability issues or the debt is mostly penalty charges or PPI.

[Bazooka Boo]

DO NOT pay them a penny if they're offering you a discount.

 

There is something wrong with the paperwork they have OR, they know that there are reclaimable penalty fees and charges hence why they will make you an offer that is too good to be true, wouldn't touch it with a barge pole!

[maggie60]

Thanks DX and Boo.

 

Bearing in mind this default will be on his file for 3+ years is there no benefit in showing it as paid or is a settled one as bad as an unsettled one?

 

DX, I cannot find the original default notice,

but I have a pdf file showing the same amount for Lloyds and Cabot.

 

The Lloyds entry shows a £0 balance and dn date of Jan 2011 and the cabot entry shows the debt as outstanding and a dn date of May 2011.

 

Would this be sufficient to challenge the entry?

[dx100uk]

a default kills things doesn't matter what else is stated, bal £0 settled, satisfied the FACT that at one point it was defaulted, sadly is the killer.

 

 

for the sake of 4mts, wouldnt be bothering about the DN date.

[maggie60]

No DX, not four months, it expires in 2020.

 

So a satisfied default for £600 is just as damaging as 10 unpaid ones for £65,000?

[dx100uk]

The Lloyds entry shows a £0 balance and dn date of Jan 2011 and the cabot entry shows the debt as outstanding and a dn date of May 2011.

 

 

sorry was it not the dates above then?

 

 

So a satisfied default for £600 is just as damaging as 10 unpaid ones for £65,000?

 

 

 

yes, one default no matter what for kills things.

having more than 1 doesn't really harm your file any more than 1 effectively

theres no point really.

 

 

whats this 2020 date sorry ...

[maggie60]

2020 is when the £600 default expires

[dx100uk]

Is all of post 139 about the same debt?

[martin2006]

The lloyds and Cabot defaults are the same debt DX with differing default dates jan for lloyds and may for cabot.

The £600 is a mobile fone company debt which expires 2020, cabot also have this debt too.

[dx100uk]

pitfalls of so many debts on one thread

[maggie60]

Sorry for delay in replying - had a really bad does of flu and in bed since Thursday night and just read the recent posts;

 

Thanks Martin for explaining the situation better than I did, that's it in a nutshell.

 

No point in getting Cabot to correct the date then, aa it may encourage them to recover the other mobile phone debt?

[martin2006]

Cabot shouldnt be re-defaulting the same debt, they should be replacing Lloyds as the new debt owner.

If you havent complained to Cabot about this, you should do.

If you get no joy, there is the Information Commissioners Office who can order them to correct this.

 

Did Cabot send a Default Notice?

[maggie60]

No, IIRC Cabot only purchased the debt during the last few years.

[dx100uk]

4 months is not right but its no really harming you

its quite acceptable to have the same debt showing with the old owner and now the DCA.

 

 

2 defaults on the same debt don't harm you more