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Statute Barred

Last post Thu, Jan 31 2013, 8:07 PM by Donnie81. 9 replies.
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  •  Thu, Jan 31 2013, 8:07 PM

    Re: Statute Barred



    Cheers, yeah I did a search on Trustonline earlier this month for every address I have lived at since before I had credit and there was nothing for any of them.

    So I think I will wait just now, it's only 4 months until the Lowell's ones become statute barred by their records. So I will wait until after then before I contact them about updating the records.

    The only one that is the big issue just now is the Current Account but with any luck I will survive another 5 months without being contacted. Then I can start working on repairing my credit rating.
    • Post Points: 5
  •  Thu, Jan 31 2013, 7:20 PM

    Re: Statute Barred

    There are so many debts out there that it is impossible for the debt collection industry to chase them all. If no searches have been made for 18 months, it may mean that yours is not currently actively chased. But if you have updated your address with the credit agencies, this may lead to you being chased at some point.

    If Lowells have the wrong date and it is statute barred then write to Lowells compliance manager with the evidence of this, requesting that they amend the credit reference details. Don't contact Lowells until you have the proof of the last date of payment from the original credit card company. You might also want to check for any CCJ's on record. To do this you can use this link, but there are small fees involved, which I think is £4 per search.

    http://www.trustonline.org.uk/

    CCJ's don't always appear on credit records, so you don't want to stitch yourself up by writing to debt companies saying that debts are staute barred and they say there is a CCJ, so pay up.

    • Post Points: 20
  •  Thu, Jan 31 2013, 1:17 PM

    Re: Statute Barred



    Ok cheers for that! So it seems the only one I have to really worry about is the Lloyds TSB Account. I will hold out and hope I make it to June without being contacted and it becomes statute barred.

    Not the worse if it doesn't, I managed to escape the others, so if I do get contacted about it, then I will just pay it off and count myself lucky for the others.

    Now that I have my credit report my file is updated with my correct address so I guess any future communication should come to me from now on.

    I also noticed part of the report that said searches. All the above accounts have been searched at some point, but not for 18months now. Does that mean that it's likely a few of them have given up since then?

    With regards to the Lowells Credit Card, that they have the default date as May 2008. That one I know for sure is over 5 years. Im guessing the real default date for it would certainly be over 6 years old. So is there anything I can do to challenge that to remove it from my credit report.

    As I would now like to start working to repairing my credit rating in case I decide to get a mortgage in the future.


    • Post Points: 20
  •  Thu, Jan 31 2013, 1:08 PM

    Re: Statute Barred

    With current accounts it is a bit different in regard to defaults. Banks will usually keep the account running for a number of months, adding interest and charges, before an actual default is applied. Looks like Lloyd would have kept writing to you for the first 5 months on 2008, before they actually applied the default. I am expecting there to be large value of charges added for this period, unless you had contact with them to advise what your situation was. So with a default of June 2008, you will be waiting until June 2013 before it becomes statute barred and June 2014 before it comes off your credit record.

    With the credit card, it will be the last date of payment that is relevant as it will be 30 days after this date, when you failed to make the due payment that the account was in default. I am guessing that Lloyds just kept the account open and did not apply the default until June 08. If you are correct, the account is statute barred already and it is up to any debt collector wishing to take action to prove that the amount is legally due.

    Yes Lowells would have bought the BOS debt and added their note on your credit file. Lowells are a debt buyer/debt collection agency. Their details may well be wrong in regard to the default date. You could challenge Lowells directly or via the credit reference agencies. But you might want to find out from BOS when the last date of payment was and get a copy statement.

    BH loan will be statute barred in Scotland and it will drop off your credit record next month or not be showing from March.

    • Post Points: 20
  •  Thu, Jan 31 2013, 11:54 AM

    Re: Statute Barred

    Ok so a bit more information now and looking for some clarification. I have signed up from my credit report and have a few questions.

    Basically I had two Loans, a Credit Card and a Current Account with Overdraft from 2002 onwards.

    I stopped paying all of these during 2007 when I lost my job at various times. I lost it in April but had some savings I used to keep payments going. I can't be exactly sure of the dates I stopped, but I know it was at the latest November 2007. I know this because that is when I stopped using my bank account.

    I got a new Bank Account in December 2007 and have never made any payments to any of these from then.

    My first question is with regards to my current account. How does that 'default'. As it is not like a Loan, but it had an overdraft on it. I haven't accessed or acknowledged that account since mid 2007.

    You can see in this image my credit report has this account as defaulting in June 2008.

    http://s14.postimage.org/dz6ence5d/CA_LLoyds.jpg

    Second question is with regards to a Credit Card. As per the image below on my credit report it says it defaulted June 2008. However it also shows my last payment was October 2007. I have had never acknowledged it since that date. So is this statue barred now or not until June. Baring in mind I live in Scotland. Second question regarding the image below, you will also notice it shows as Settled as per August 2012. Any idea why it would show that?

    http://s14.postimage.org/rhdazmqap/Lloyds_CC.jpg


    Third question is regarding another Credit Card. Now this was originally from Bank of Scotland in 2004. But that doesnt even show on my credit report. The only entry regarding this Credit Card shows up as Lowell's. I assume they are a debt agency that bought the debt?

    They show Defaulted as 2008 even tho it would have actually been years before that. They have no record of payments. Can anyone clarify where I stand with this:-

    http://s14.postimage.org/822j6ix0h/Lowell_Credit_Card.jpg


    Last question is with a BH Loan. It shows the correct default date of Feb 2007. I assume this is Statute Barred now as it has been over 5 years. This still shows on my credit report tho. When will it disappear?

    http://s14.postimage.org/btc3suaox/BH_Loan.jpg




    • Post Points: 20
  •  Sun, Jan 13 2013, 7:49 PM

    Re: Statute Barred

    Hi Donnie,

    I agree with huckster. I was in a very similar predicament to you years ago however when I checked my credit file I could see duplicate entries for the original company and then once they had sold the debt on to a third party - clearly not correct! Moreso both were over 6 years old. I called them, they said "are you going to make a payment now?" so I very politely told them where to do and that "statute barred".

    Check your file. I wouldn't bother writing to them. No need now. Tell them where to go. Of course morally I should be saying contact them and pay what you owe but the banks failed in their responsible lending strategy so more fool them (although we are all now paying for it but I can't see everyone else holding their hands up and paying it back). You should now have a clear file by the sounds of it.

    Just write it off as a learning curve. I did.

    • Post Points: 20
  •  Sun, Jan 13 2013, 1:15 PM

    Re: Statute Barred

    Donnie81:Thanks for your reply. So after 6 years they should be removed from my credit rating? Some of them if not all may already be over six years. So I will get that checked. My other question is, if I dont look up my credit report, and therefore they dont have my correct address. Is there anything stopping them seeking a CCJ now? If I dont do anything, even tho its been over 5 years is it possible they could seek a CCJ and it get sent to the wrong address? Would I be able to argue that later? Maybe is best just to get the credit report and update with my new address and just deal with all the creditors as they come being that they are all defo over 5 years.

    After 6 years they drop off automatically.

    I doubt that any company (unless by mistake) would try for a CCJ on an old debt. If they did try that you can of course look into the last date of payment and if relevant defend that the debt is statute barred.

    It is probably best for you to get hold of your latest credit report to see what is on there. If you receive any debt letters then you can deal with them.

    The best place for advice regarding debt collection agencies is another forum. Community Action Group (CAG). They have loads of free template letters you can use.

    • Post Points: 5
  •  Sat, Jan 12 2013, 11:19 PM

    Re: Statute Barred

    Thanks for your reply.


    So after 6 years they should be removed from my credit rating? Some of them if not all may already be over six years. So I will get that checked.


    My other question is, if I dont look up my credit report, and therefore they dont have my correct address. Is there anything stopping them seeking a CCJ now?

    If I dont do anything, even tho its been over 5 years is it possible they could seek a CCJ and it get sent to the wrong address? Would I be able to argue that later?


    Maybe is best just to get the credit report and update with my new address and just deal with all the creditors as they come being that they are all defo over 5 years.

    • Post Points: 35
  •  Sat, Jan 12 2013, 11:02 PM

    Re: Statute Barred

    Debt defaults are on credit records for 6 years and then drop off. But the default dates can be wrong. If you check your credit record, you will need to provide your current address and you can guarantee contact by all the DCA's pretty soon after.

    If you live in Scotland and took out the debts there, then they can only use Scottish courts and therefore Trustonline should be correct.

    Up to you really. Statute barred just means that they cannot enforce in court, as 5 years has passed without payment, written acknowledgement or court action for the debt. If you want to check your credit record, then sign up with Experian or Equifax free trials (remember to cancel to avoid subscription) and if you then receive any letters, you can send a letter saying the debt is statute barred, so don't want to enter into any communication about it. It would be up to the debt companies to prove that the debt was not statute barred and they were entitled to collect payments.

    • Post Points: 20
  •  Sat, Jan 12 2013, 7:46 PM

    Statute Barred



    Hello,

    I am looking for some advice on my current situation. When i was younger I was a student and took out various credit cards/overdrafts and loans. Being a stupid kid I defaulted on these and just ignored them!

    Over the years I had a number of creditors chase me but I just continued to ignore them. I moved address so it was easy to forget about it all.

    Over five years has passed so I now believe all these debts to be statute barred (i live in Scotland).

    I am wondering what I should do now. I still get text messages from one debt collector company, Mackenzie Hall. But that is it. None of these companies have my current address.

    I went on - http://www.trustonline.org.uk/ and checked my previous two addresses and there were zero results under my name for either. So I assume that means there are no court judgements against me? I only searched the Scotland one, is that ok? I have only ever lived in Scotland.

    My main questions now are:-

    It has defo been over 5 years since I paid anything to these debts or acknowledged them. So they should count as statute barred now.

    What is to stop a debt collector seeking a CCJ even tho its been over 5 years. Can that happen?

    The ones that keep texting me, I want to write to them to tell them my debt is statute barred, but I guess i would have to reveal my current address to them and might open me up to more hassle. But maybe i shouldnt worry about that as all my debts are over 5 years.

    What can I do to repair my credit rating? How long will those debts stay on there? Can I have them removed after a certain amount of time? Im not looking to improve it to the point of getting another loan or anything, but would like to start to make it better in case i want to get a mortgage in the future.


    Any advice you can give would be appreciated.




    • Post Points: 20