Getting credit report vs limitations act

Jeffff_2

Hello, I hope someone here can advise me

I had a 1600 interest free overdraft with a Natwest student account. To the best of my knowledge, the account was last used about 5.5 years ago. I don't recall making a payment, or acknowledging the debt in writing since that time. Presumably interest is now running on the debt and it is substantially larger.

In 2007 I had the money to repay the debt. I had been living abroad (in rural china) and was back for a couple of weeks before going abroad again. I tried to contact Natwest to repay, but was informed they had transfered the debt to a collection agency. I contacted the agency and they said they had transfered it back to Natwest. My account seemed to be in limbo between the two places - Natwest saying that if they had transferred it back to them, it wasn't showing on their system yet. Either way, there was no way for me to pay while I was back in the UK.

I need to sort out my credit report for work reasons.

At the moment I am unemployed (in full time education) so repaying the debt isn't a possibility for me in the near future.

It strikes me that this debt is close to falling under the Limitations Act. In the case of an overdraft, when does the clock start ticking? The last time I withdrew money from the overdraft? Last time I used the account at all? After they close the account (which I imagine they have done)?

This all assumes that they haven't got a CCJ against me - which brings me to my second point.

I've not had any letters or phonecalls for the last 2 years - but I'm concerned that getting a copy of my credit report might trigger a return of harassment. Is there any way to avoid this?

It seems I'm in a bit of a catch 22 - I can't know if I have a CCJ, nor the exact date the limitations act would kick in without alerting the creditors.

Anyway to find out if you have a CCJ via the court service?

Any other advice much appreciated

Hannah_10

For a fee of £8 Trust Online will tell you if you have a CCJ. This is advisable anyway because credit files don't always have CCJ's recorded. The information in a credit file is often patchy as the CRA will only know what any informant has told them.

Have you got a bank account, a telephone, or anything else that could conceivably be called credit? If so your contact details will be on your credit files anyway by now. People do tend to have the idea that if they don't tell Creditor A they have moved Creditor A will never know. It's a fallacy. I would get your files and deal with what you find on them, it's a lot safer than a policy of out of sight out of mind.

Culex

Jeffff wrote: »

It strikes me that this debt is close to falling under the Limitations Act. In the case of an overdraft, when does the clock start ticking? The last time I withdrew money from the overdraft? Last time I used the account at all? After they close the account (which I imagine they have done)?

Under section 6(3) of the Limitation Act 1980, the "clock starts ticking" when the bank sends you a written demand for repayment.