Contacting original company before statute barred

sourcrates wrote: »

Hi,

Well from your post the account would of been statute barred sometime last year.

You don't need to prove exact dates, its up to those chasing the debt to prove it isn't statute barred, not up to you to prove it is.

Send them the Statute barred letter and let them do all the legwork, you dont need to get any details from your original creditor.

Ah brilliant thank you.

I thought we had to prove when we last made contact etc..

This will bring our debt amount down by a bit of a chunk

fatbelly wrote: »

The six-year period runs from the 'cause of action' or, if payments or written acknowledgements were subsequently made, six years from the date of the last acknowledgement. With an overdraft that 'cause of action' is held to be when the bank calls in the overdraft.

I wouldn't be stirring anything up at this point by sending anything. If you have checked your credit file, is the debt listed and is there a default date mentioned?

On what date did you last make a payment to it or acknowledge it in writing?

To be safe you really need to be six years past both of those dates

Thank you.

It is a student account with a £1500 student overdraft. We opened the account, withdrew the money for a car (which we no longer have) and then never used the account. My husband then left university halfway through his 2nd year and since then we have been in and out of work/studying etc so never had enough money to ever put anything in there to start paying it back.

From the day we opened it we have not used the account or had any contact with the bank.

As he opened it in his 1st year, they probably wouldn't call it in until the 3rd year had passed, which would have been maybe the summer of 2011.