What do i do next

never-in-doubt

ronnerx wrote: »

Hi ive checked with 3 credit ref online no mention of debt should i write off for a more detailed version

If there is nothing on your credit file then ignore them - just send any letters back to them as unknown at this address or bin them. The debt is statute barred and so the CRA's will never add another default etc - just ignore it and move on.

GeorgeUK

It sounds like the debt is statute barred.

The debt still exists and debt collectors are allowed to request payment for these debts, but they cannot enforce the debt. This means that once you inform them that the debt is statute barred, they can no longer even ask for payment, although they may sell it on to another DCA.

There is a letter you can send here http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3
which states that you do not acknowledge the debt and that it is statute barred. If the debt isn't statute barred, then they will need to provide proof of when the last acknowledgement was and you can check if this is correct and we can advise what to do next.

never-in-doubt

GeorgeUK wrote: »

It sounds like the debt is statute barred.

The debt still exists and debt collectors are allowed to request payment for these debts, but they cannot enforce the debt. This means that once you inform them that the debt is statute barred, they can no longer even ask for payment, although they may sell it on to another DCA.

There is a letter you can send here http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3
which states that you do not acknowledge the debt and that it is statute barred. If the debt isn't statute barred, then they will need to provide proof of when the last acknowledgement was and you can check if this is correct and we can advise what to do next.

I wouldn't send a letter George - it could drag it up and if for any reason a payment was made within the last 6 years the lender could go obtain a CCJ - as there is no trace on the CRA's then i'd ignore it - quite simply

MrsTinks

never-in-doubt wrote: »

If there is nothing on your credit file then ignore them - just send any letters back to them as unknown at this address or bin them. The debt is statute barred and so the CRA's will never add another default etc - just ignore it and move on.

I'm sorry but this is necessarily right...

Not only is it not uncommon for debts not to be registered on a file (I had this problem with Lloyds about 4-5 years ago...) but also possible that the debt simply hasn't been linked correctly if the OP has moved address etc and the file hasn't been updated with all the various address moves...

So... the way forward would be the SAR

never-in-doubt

MrsTine wrote: »

I'm sorry but this is necessarily right...

Not only is it not uncommon for debts not to be registered on a file (I had this problem with Lloyds about 4-5 years ago...) but also possible that the debt simply hasn't been linked correctly if the OP has moved address etc and the file hasn't been updated with all the various address moves...

So... the way forward would be the SAR

Yea but creating a link now could be a bad thing thus the way forward is to ignore the letter - it is a sparodic 12 month chaser letter that some DCA's are known to send to most the population with the same name so they can hope one responds!

If the OP moved then there would be a link as the DCA would have created it with the search they performed. Also, I agree a lot of banks don't always update but if in arrears they usually do not least when the account is sold, the DCA will do it (add a default).

I'm not saying sending a SAR or prove it letter is a bad thing, moreso that no contact is the best way forward until such time they know he resides there (i.e. continual letters) or a record appears on his credit file.

Any communication right now could be a bad thing

GeorgeUK

But they've already requested a copy of the CCA and received a copy of the application form so they know where he lives. 12+2 days have passed so the debt if it was not statute barred would be unenforcable until the CCA was produced.

I couldn't see anything to gain by just ignoring it which is why i thought sending the SB letter would be best - if it's not SB, they would need to provide proof of this and then a SAR could be sent to confirm and to see if a copy of the CCA actually existed rather than just the application form. If they didn't have any proof or if the debt was SB, then they would probably just say 'never mind'.

ronnerx

I WILL SEND AN SB LETTER IN THE NEW YEAR GOT REPORTS FROM CRAS NO RECORD IT HAS DROPPED OFF ALL FILES:j