can a debt be defaulted when statute barred

FOURCANDLES_2

Have a question, can a debt company buy a debt and default it after 6 years if no contact has been made by the debtor and it is statue barred?

ccqueen

as far as i know no they can't. I'm sure someone with more knowledge will respond shortly but i'm pretty sure they can't add a default after the 6 years have passed think its something to do with the limitations act.

ccqueen

Just found this on another forum...........

Your credit reference file will hold your financial history for a total of six years, after a six year period has passed the information will automatically drop off your credit reference file. A default notice is usually added to a credit reference file after the first few missed payments, however if an arrangement previously exist and you have kept to this, this would explain why a default was not registered at the original time of default. A Debt Collection Agency (DCA) is not entitled to add a default notice to a credit reference file after it barred in accordance with the Limitations Act.

The Limitation Act stipulates that when a debt is statue barred, the creditor is unable to obtain any county court judgment to recover the money from you. In accordance with this, the Office of Fair Trading (OFT) has issued a document called 'Office of Fair Trading's Debt Collection Guidance. This states that a creditor is not able to pursue somebody for a debt that is statue barred once the debtor has claimed that the Limitations Act applies, if they continue they would be effectively causing harassment and you may proceed to make complaints to the fos

Hope that helps

Gordon_Hose

How sure are you that it's SB?

FOURCANDLES_2

Gordon_Hose wrote: »

How sure are you that it's SB?

positive it is SB

Culex

FOURCANDLES wrote: »

positive it is SB

So the predatory creditor is playing at SBs?

fermi

If an old default exist that hasn't quite dropped off your credit files yet, then they can update that.

But they can't record a brand new default now.