Overdraft default date and statute barred

katie0207

Hello,

I know i should start a new thread but i just can't see where to do this...

I will try to keep this as short as possible and will appriciate any advice that you may have.

I recently applied for a mortgage and it was approved. I was then contacted to say that subsequent adverse credit information had come to light from call credit which meant that they cancelled the already approved mortgage. I was in a lot of debt while at university, credit cards but mainly with banks and exceeding overdrafts using cheque books. I'm certain i have not made contact with any of these since i left in 2005. I did an experian report which was clear but also sent off for the call credit report. On there it shows a credit card (with my name spelt incorrectly) that i have no idea what it's for 0 but with a default date over 6 years ago - so shouldn't be on there anyway. I'm happy to deal with the credit agency and call credit over this. The other one on there just states bank as the organisation but that debt collection agency who has registered this with call credit is 1st Credit (Finance) Limited. I don't know which bank this is for but i know that i haven't paid any money into any of the problem ones since 2005, but they have put the default date 10/3/2006.
My questions are:
1) How does default dates work with overdrafts? As this default date is way over the 6 months since last payment that i've read about.
2) Can i get the credit ref agency to remove both of these entries from my file as they are under the "share" section, which isn't shown on th exprian report.
3) I've ignored all correspondace with the DCA's that wrie to me regularily and don't open them, or send back with "retun to sender" on. Should i contact 1st Credit with the proove it letter?...or would i be better doing a SAR request to all 3 banks to find out the last time any money was paid into the accounts?

Thanks in advance!

Yargo1

hello... i dont know at all but will bump this up for you! someone who knows will be on soon im sure x

katie0207

Anyone!???

elliegibbo

Hiya, im not sure, but bumping this up for you x

fermi

1) Overdrafts are repayable on demand, so depends when that happened. The 6 months is only a general guideline. Depending on how and when they call in the OD, whether you are making some attempt to pay it off etc influences it. Without a complete potted history of what happened to the account, it's hard to make a guess as to whetehr the default date could be fair or not.

2) For the expired one, yes. For the other, you can try but you may not have much luck.

3) SAR to the banks might be better if you want to push the issue. I wouldn't trust any info provided by 1st credit.

Culex

For overdrafts, section 6 of the Limitation Act 1980 states that the start of the limitation period in section 5 is when the debtor is asked in writing to repay the money.

HTH.

HAND.

katie0207

I know that nothing has been paid into the bank account for over 6 years and assume that the demand for payment would have been shortly after.

I'm worried that if I send a SAR request to the bank they will provide the 1st Credit with up to date contact details for me. Are they allowed to do that?

Thanks

Gordon_Hose

katie0207 wrote: »

I'm worried that if I send a SAR request to the bank they will provide the 1st Credit with up to date contact details for me. Are they allowed to do that?

Thanks

If you've just got your credit file then the DCA's can get address info from the CRA's anyway. So it's not going to make much difference.

Culex

katie0207 wrote: »

I know that nothing has been paid into the bank account for over 6 years and assume that the demand for payment would have been shortly after.

I'm worried that if I send a SAR request to the bank they will provide the 1st Credit with up to date contact details for me. Are they allowed to do that?

Yes and they probably should but, as they appear to have sold the alleged debt to 1st Credit, the bank may feel they have little or no further obligation in the matter. Forget all that nonsense about there being a code of honour between thieves - where banks and DCAs are concerned, there isn't one!

katie0207

Thanks for your replies, I received a letter from "Barclays" today stating that "on your account was sold to 1st Credit (Finance) Limited"
Now I knew before i opened it, it was from First credit as the return address was theres. The letter is on Barclays headed paper though - are they allolwed to do that? Also it doesn't provide a date as to when the debt was sold. Bearing in mind this is REALLY old.
I've sent the SAR off to Barclays now i know which bank they are referring to. But do i need to start correspoonding with 1st Credit now too? I'm hoping that the SAR request will prove the default date and then i can go down the statute barred route - am i on the right track?
What do you advice to do next?
Thanks for all your help so far!

katie0207

bump


Anyone?