default thats older than six years

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hoganrooby
hoganrooby Posts: 5 Forumite
in Credit file & ratings
hi, is there anyway i can find out if i defaulted on an old barclaycard account ( thats been sold on) over six years ago. i believe this was defaulted in march 2010? thanks

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  • glentoran99
    glentoran99 Posts: 5,821 Forumite
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    If you haven't paid it (or acknowledged the debt) in 6 years and its gone from your credit report then don't worry about it, it doesn't exist and cant be enforced
  • hoganrooby
    hoganrooby Posts: 5 Forumite
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    thanks,its the new owners that have registered a new default, there saying barclaycard didnt register a default, but i believe they did.
  • glentoran99
    glentoran99 Posts: 5,821 Forumite
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    You need to approach it differently then, and challenge the date of default, should have been when it was sold to them at the latest
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    Hi Hoganrooby,


    I am afraid there is no way to check data more than 6 years old. There are a few things to consider here, firstly, the information given about the age of the debt is good and it may be worth arguing the enforceability of the debt first.


    Under the Limitations Act 1980, if there has been a 6 year block of time since the debt fell due, with no written acknowledgement or payment to the debt and no County Court Judgement has been obtained, the debt may no longer be enforceable through the County Court and becomes known as Statute Barred.


    So, you could write and complain to the debt collector about the age of the debt – if this is relevant. And add on that you feel they have added a default notice incorrectly to your credit file under the Information Commissioner Guidelines of registering such information. Hope that helps.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • molerat
    molerat Posts: 31,865 Forumite
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    glentoran99 wrote: »
    If you haven't paid it (or acknowledged the debt) in 6 years and its gone from your credit report then don't worry about it, it doesn't exist and cant be enforced
    Only in Scotland. In E&W the debt still exists but is unenforceable through the courts.
  • glentoran99
    glentoran99 Posts: 5,821 Forumite
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    molerat wrote: »
    Only in Scotland. In E&W the debt still exists but is unenforceable through the courts.

    Unenforceable and not on credit file = it doesn't exist,
  • PaulW922
    PaulW922 Posts: 1,037 Forumite
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    Sorry but you are wrong. The debt does exist and theoretically it could be enforced by other means such as offset. It could also be used as a reason for the lender (Barclays in this case) to refuse future credit and banking facilities. Amex as an example do this for many years after a default.
  • molerat
    molerat Posts: 31,865 Forumite
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    From National DebtLine showing the subtle differences

    For England & Wales
    If a debt is barred under statute, it means that by law (the Limitation Act), the lender has run out of time to use certain types of action to try and make you pay the debt. Statute-barred does not mean the debt no longer exists. In some circumstances, the creditor, or a debt collection agency, can still try and recover money from you. You can choose to pay if you wish. Even if the debt is statute-barred, it may still be on your credit reference file. This may make it harder for you to get further credit.
    For Scotland
    You can argue that the debt is ‘extinguished’ if:
    • the creditor has not already obtained a decree (a court order for payment) against you; and
    • you or anyone else owing the money (on a debt in joint names) have not made a payment on the debt during the last five years; and
    • you have not written to the creditor admitting you owe the debt during the last five years.
    This means that it no longer exists and there is no debt for the creditor to pursue.
  • hoganrooby
    hoganrooby Posts: 5 Forumite
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    Wow, thanks for all the replys. heres the full story, I had an egg account many years ago and due to the credit crunch in 2008 got into financial difficultys and started a dmp with stepchange. Fast forward to 2015 and now im back on my feet i sent out a section 75 letter to link financial who had since bought the debt.I now have two letters from barclaycard and link saying there is no signature to this account and never will be. Link defaulted my account in august 2015 and according to barclaycard they never defaulted my account. so im a little peeved link have defaulted me on an account which no one can prove ever existed.
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