Old current account haunting me

PNPSUKNET

if stat barred, why even pay it?

vapourA

Absolutely, I need the letter saying it is statute barred and then figure I can work on getting the default removed. I think the lady I spoke to had been instructed to 'give it a go' getting some money from me.

I love this place, I'm here to stay for sure

RAS

Send them the statute barred letter. Once you do this they are pursuing a statute barred debt which they have bene informed in writing to be in dispute which breaches OFt Guidleines.

Then make a formal complaint re them defaulting you for a statute barred debt and copy it to the OFT.

fermi

When was the default first recorded?

If it was more than 6 months after you last acknowledged or paid the debt then they should not have recorded a default at all.

McKneff

yes, welcome to the boards, stick around, i have leaned loads since I've been on here.
When we're good, we're very very good.

vapourA

The debt was never acknowledged by me in writing. They say the last payment they have recorded was March 2003. They defaulted the account in June 2009 and lodged it at Experian only a few days ago. Nice that they are on the ball isnt it?

What annoed me is that, had I known when I was organising to pay my debts that I might owe them this, I would have made arrangements to pay as I have been all my other debts for the last few years. I had been in the branch and they confirmed no debt, and have been getting my credit reports to be sure. Talk about sitting on it.

fermi

vapourA wrote: »

The debt was last never acknowledged by me in writing. They say the last payment they have recorded was March 2003. They defaulted the account in June 2009 and lodged it at Experian only a few days ago. Nice that they are on the ball isnt it?

What????????????????????????

:mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad:

That is out of order. They can't default it after that time.

Outrageous.

fermi

From: Technical Guidance Note - Filing defaults with credit reference agencies

Time framework

Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.

• Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.
• Accounts should normally be filed as being in default where those payments due have not been received for six months.

This time framework only relates to filing defaults. It does not affect the lenders’ ability to continue to report accurately on the extent of arrears using monthly status codes. We recognise that may not always be appropriate for products which advance credit over either a very short or very long-term.

fermi

Follow the complaints procedure outlined from page 19 of http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf

Raise a complaint with the ICO if they won't remove the default or correct the date.

vapourA

Thank you fermi, thats awesome help.

You know, even worse is that in 2002 this debt was supposedly about £1,200, the other £7,800 they wanted is the bank charges they have been piling on every month for all those years. People think £25 is an unfair bank charge do they?