credit files and statute barred

leanne82duke

hey every one x
have just received details of a debt from westcot,

there is no record of it in experian or equifax should I check the other one just in a case? I am quite confident that it is over 6 years old and statute barred,
if it does not show up on any credit files does that mean that it is definitely statute barred?

I also have a debt that I am paying to BCW and that has not shown up on my credit report, can I send them a request to see the original credit agreement even though I have been paying the debt for about 2 years already? Just on the off chance that they don't have it, and if they cant produce it could I stop paying them?

GeorgeUK

A debt may still exist even though it doesn't appear on the credit file.

You can definately request a copy of the CCA for the BCW debt (as long as it's not for an overdraft), but for the Westcot one i would send the prove it letter.
http://forums.moneysavingexpert.com/showthread.html?t=963087

After this, if they can prove the debt exists, you could send a subject access request to the original creditor and find out when the last payment made was.

leanne82duke

i have received a letter this morning from BCW , they say that the reference number i have given them does not exist on their system. it is the only number i have, it's the one from my bank statements i fail to see how it does not correspond with what they have?
i really do not want to ring them and surely they could trace that through my name and address details?
any suggestions?

GeorgeUK

Was this the CCA request? Would you be able to contact them and enquire what the account you are making payments towards is and the account number?

leanne82duke

yes it was a cca request, i have just called them to speak to a very rude man!, however he was able to find my files with the ref number i had on my letter to them so i am now quite confused?

GeorgeUK

Hmmm, that makes 2 of us - did the man state what the account number they use is?

I think if you have not had anything back after the 12+2 working days you should just send out the next letter.

leanne82duke

i just called and said i would like some details about the account and gave him the number that i had put on the letter, the only difference was that he was not interested in the first 4 zeros of the number but everything else was the same.

the account was in my maiden name but they send all letters to me in my married name and he had both names on the account.

what letter would be the best one to send out next?

p.s thanks for all your help i really appreciate it

leanne82duke

hi there, i have received a letter from westcot this morning asking me to confirm the last 3 address' that i have lived at so that they do not breach the data protection act with regard to the cca request should i provide them with these details?

fermi

leanne82duke wrote: »

hi there, i have received a letter from westcot this morning asking me to confirm the last 3 address' that i have lived at so that they do not breach the data protection act with regard to the cca request should i provide them with these details?

I thought the debt with Wescot was meant to be "statute barred"?

If so, then all you need to send is the letter here:

http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3

It would then be up to them to prove it isn't, or "get lost".

leanne82duke

it is border line with westcot as to the statute barred, i want some info so i can see if it is or not there is nothing on my credit file so i have no way of finding out, wondering whether or not to see if i can ignore them for a month or so just to make sure it is statute barred

leanne82duke

i am getting worried about the wescot one now, they sent me a bright red letter this morning "final notice" i must pay before 29th sept full amount, if i send them the letter saying the debt is statute barred and it isnt what happens?