Old current account haunting me

vapourA · 19 July 2009 at 12:14PM

I'm new here as a poster, I have read a lot of threads in the past but am a noob to submitting.

In 2002 I got in a lot of financial trouble, I fell behind with my mortgage, loans and credit cards. I had almost everything with Nationwide and they froxe my bank account in December 2002 when my credit card defaulted. I ended up selling the house and I paid off all my priority debts.

My relationship broke down and I have almost no records of the time now. I checked all my debts with Nationwide and they said they are all clear, and I have been getting regular copies of my credit reports and sorting everything out on it. Now my credit file is squeeky clean with the old defaults paid up and now dropped off, and I'm hoping to get a mortgage in a year or two.

Yesterday I got a letter from Fredrickson International asking for almost £9000 for my old Nationwide current account - the one they froze in 2002. I have no proof I paid it off but I am pretty sure I did, and its not on my credt reports.

Could they have just kept the account open letting it get into more and more debt with charges without it showing on my file? I'm really concerned that I have spent the last 5-6 years cleaning up my act and I might be back where I started again. I'm worried sick.

vapourA · 19 July 2009 at 1:20PM

Today its appeared on my credit file, with an incorrect date of birth for me. It says defaulted 04/06/2009

fermi · 19 July 2009 at 5:57PM

Was there a period of 6 years where how neither made a payments or acknowledged the debt in writing yourself?

(or 5 years if you live in Scotland).

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

LeeSouthEast · 19 July 2009 at 6:25PM

Sounds, from the description first given, statute barred.

vapourA · 19 July 2009 at 6:26PM

Thanks for the reply fermi,

The account was frozen in December 2002 and the last letter I had from them was in February 2003. The last payment I made was my salary in December 2002, so over 6 years ago, I dont remember writing a letter about it but it looks like they just kept the account open building more and more debt since with no deposits. Would it still qualify to be statute barred?

fermi · 19 July 2009 at 6:30PM

A debt is statute barred if in the last 6 years you have not made a payment, or written to the creditor acknowledge the debt.

If I was you I would send the letter in the link below.

It is then up to them to prove it is not statute barred.

> http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=4

vapourA · 19 July 2009 at 6:34PM

Thanks fermi and lee, I appreciate it very much.

vapourA · 23 July 2009 at 6:17PM

Just an update, I got a call from Nationwide today saying that they agree the account is statute barred and they had forgotten the account and the debt letting it build for 7 years with charges. They told me that they would take no action but asked me nicely to settle for £3k and in return they will remove the default from my credit file.

I did not admit or agree anything but told them that I would like their comments in writing.

So far so good so thank you once again.

mum2one · 23 July 2009 at 6:21PM

Thats gd that the debt is over 6yrs and statue barred, sorry did I read right that the bank want to give you 3k? x

vapourA · 23 July 2009 at 6:23PM

They asked me to pay £3k to settle the balance, but were not entirely surprised when I didnt whip my credit card straight out to pay

mum2one · 23 July 2009 at 6:25PM

Apologies thought it was too good to be true........ surely if its statue barred then ur not responsible for a penny of it? x

Old current account haunting me

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