Statute Barred

CSA/CMS, Rent arrears, VAT, Capital Contribution Orders, all other debts not listed above
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luxardo
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Joined: 14 May 2016 15:27

Statute Barred

Post by luxardo »

I had a credit card with HSBC in 2008 which I didn't pay. My last payment was in 2010, I have had no contact with them at all since 2010.
I have checked my credit file and noticed that the debt is now with Hoist Portfolio Holdings and they claim the default date was 2013.
Is the debt statute barred 6 years after 2010 (2016) or 6 years after 2013 (2019) ?
zeke
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Joined: 30 Jul 2012 21:23

Re: Statute Barred

Post by zeke »

Its barree from the date you last acknowledged the debt. If they get a judgment or a high court writ, you can get it set aside.
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Syd Snitkin
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Re: Statute Barred

Post by Syd Snitkin »

Schedule 12 wrote: 23 Jul 2019 18:37 Its barree from the date you last acknowledged the debt. If they get a judgment or a high court writ, you can get it set aside.
It's barred 6 years from the date of the default notice. Send them a section 77 notice asking for evidence of the default date, copy of the original agreement, notice of assignment and statement of account.
Former General Manager of a nursing home, trained in music and classical guitar, MBA in contract law, expert legal commentator on bailiff law. enjoys PG tips. No not me, some screwball elsewhere
luxardo
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Joined: 14 May 2016 15:27

Re: Statute Barred

Post by luxardo »

Syd Snitkin wrote: 23 Jul 2019 18:57
It's barred 6 years from the date of the default notice. Send them a section 77 notice asking for evidence of the default date, copy of the original agreement, notice of assignment and statement of account.
I no longer have any documentation, not even the account number. Can I still send them a section 77 ?
I did send them an objection via clearscore stating the default was not 2013 and asking them to remove the entry but they refused.
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Syd Snitkin
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Re: Statute Barred

Post by Syd Snitkin »

Use the ref number they've provided. You don't need any documentation - you're asking them to produce it. If they can't produce it then they can't enforce.
Former General Manager of a nursing home, trained in music and classical guitar, MBA in contract law, expert legal commentator on bailiff law. enjoys PG tips. No not me, some screwball elsewhere
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