Hello,
Could someone clarify how the Statute Barred date policy works within my circumstance, if possible please? I have been trying to discover this for myself, but I can't find the specifics I'm searching for & I really need to know where I stand before my next move.
Long story short: an old Cap.One credit card (approx 2000 - most paperwork taken & lost by a useless 'claims co' years ago - lesson learnt). Originally put into dispute (by me) 6 years ago, with no payments/incriminating activity since. Did the rounds of assorted DCA's early on, all seen off quickly with 'in dispute' letters. Then all went quiet until Lowell last Nov, 2 letters - 1 from them & 1 supposedly from Cap.One (identical envelopes, arrived same day & were clearly both from same source, a popular ploy so I've read). Sent 3 step letter process from another site, along with 'Statute Barred' letter. Reply stated that 'Statute Barred' doesn't apply, as account wasn't put into dispute until a specific date (being cautious as I'm told they nose around these boards) which would make the 6 years up any day now.
My question is, obviously they haven't attempted any legal action at this stage, so how would this affect where I stand? By their own admission it's 6 years, but how does the timing work? Can they continue by stating that it was just under the 6 years when they first wrote to me, to kind of 'back date' any legal attempts, or would it have to be timed from the date they started such action? This seems a bit of a grey area - from what I've been able to find anyway. Initially, I would have thought the latter to be correct, but it seems a bit strange that they would put the fact that the 6 years are up in writing, without an ulterior motive - or am I over-thinking this? I'm very suspicious of this delightful company in particular, because I have first hand experience of them 'back dating' a Statutory Demand (re another matter years ago) in a blatant attempt to scupper the time frame to lodge 'Set Aside' forms with the court. And of course the date they've given is a little later than I'd thought - I am currently trying to get back my own documentation - but either way, the 6 years is now up.
I hope this question makes sense to you (I'm finding it hard to explain in writing - so apologies for the length of the post) and I'd be really grateful if someone could enlighten me. I don't want to mess anything up at this very late stage. If I've missed out anything important, please let me know.
Thank you in advance & I look forward to learning how this works, and not just for myself. When I am more confident & knowledgeable, I aim to pay it forward & help others who are suffering misery & indignity, at the hands of these bullying scumbags. People need to know the truth and to realise that they are not alone, thanks to guys like you. :tinysmile_fatgrin_t
Could someone clarify how the Statute Barred date policy works within my circumstance, if possible please? I have been trying to discover this for myself, but I can't find the specifics I'm searching for & I really need to know where I stand before my next move.
Long story short: an old Cap.One credit card (approx 2000 - most paperwork taken & lost by a useless 'claims co' years ago - lesson learnt). Originally put into dispute (by me) 6 years ago, with no payments/incriminating activity since. Did the rounds of assorted DCA's early on, all seen off quickly with 'in dispute' letters. Then all went quiet until Lowell last Nov, 2 letters - 1 from them & 1 supposedly from Cap.One (identical envelopes, arrived same day & were clearly both from same source, a popular ploy so I've read). Sent 3 step letter process from another site, along with 'Statute Barred' letter. Reply stated that 'Statute Barred' doesn't apply, as account wasn't put into dispute until a specific date (being cautious as I'm told they nose around these boards) which would make the 6 years up any day now.
My question is, obviously they haven't attempted any legal action at this stage, so how would this affect where I stand? By their own admission it's 6 years, but how does the timing work? Can they continue by stating that it was just under the 6 years when they first wrote to me, to kind of 'back date' any legal attempts, or would it have to be timed from the date they started such action? This seems a bit of a grey area - from what I've been able to find anyway. Initially, I would have thought the latter to be correct, but it seems a bit strange that they would put the fact that the 6 years are up in writing, without an ulterior motive - or am I over-thinking this? I'm very suspicious of this delightful company in particular, because I have first hand experience of them 'back dating' a Statutory Demand (re another matter years ago) in a blatant attempt to scupper the time frame to lodge 'Set Aside' forms with the court. And of course the date they've given is a little later than I'd thought - I am currently trying to get back my own documentation - but either way, the 6 years is now up.
I hope this question makes sense to you (I'm finding it hard to explain in writing - so apologies for the length of the post) and I'd be really grateful if someone could enlighten me. I don't want to mess anything up at this very late stage. If I've missed out anything important, please let me know.
Thank you in advance & I look forward to learning how this works, and not just for myself. When I am more confident & knowledgeable, I aim to pay it forward & help others who are suffering misery & indignity, at the hands of these bullying scumbags. People need to know the truth and to realise that they are not alone, thanks to guys like you. :tinysmile_fatgrin_t
Help With Statute Barred Timing Specifics Please
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