Is My Debt Statute Barred, What Do I Do Next……?

ILW

BoGoF wrote: »

Is it that easy to shirk your responsibilites.....hide for 5 years?

I am beginning to feel tempted.
If I take out a nice big loan and move a few doors down the road leaving no forwarding address, if they don't track me down for 5 or 6 years is that it?

stclair

ILW wrote: »

I am beginning to feel tempted.
If I take out a nice big loan and move a few doors down the road leaving no forwarding address, if they don't track me down for 5 or 6 years is that it?

Most financial companies are members of GAIN (Gone Away Information Network) so you may be easily traced

mo786uk

Yes and No.

They can track people on credit files.

Also I think one of the issues for credit companies is that they often taken ages to start chasing the debt. I think the current recession will mean they probably chase people for debts much sooner.

RedBullGivesYouWings

stclair wrote: »

Hey im sure it must be very worrying for you. However take a deep breath now and grab yourself a beer its the weekend after all. Once you have sent the Statue barred letter they will write to you to confirm the case is now closed for once and for all. However you will need to challenge the removal of your default.

Thank you for your help today, I am most greatful. The thing is i've got myself into a situation, where i could actually pay the debt off in full now today, but at the same time i dont want to admit to the debt now, because i dont want to have bad credit for another 6 years if you know what i mean. I would rather get the debt off my record and put it all in the past.


You say that i might have to challenge the Default to be taken off my account, would that not be automatic if they admit the debt is SB? And if i had to challenge it what routes could i take?

Emmzi

statute barred does not mean "not in default" it just means "we cannot chase it though the courts." So depending on the history of the account the defualt may sit for a while, you need statement of account etc.

so you MAY still get debt collectors etc, you can just ignore them though.

stclair

RedBullGivesYouWings wrote: »

Thank you for your help today, I am most greatful. The thing is i've got myself into a situation, where i could actually pay the debt off in full now today, but at the same time i dont want to admit to the debt now, because i dont want to have bad credit for another 6 years if you know what i mean. I would rather get the debt off my record and put it all in the past.


You say that i might have to challenge the Default to be taken off my account, would that not be automatic if they admit the debt is SB? And if i had to challenge it what routes could i take?

In my personal opinion I would send them the statue barred letter then wait for them to confirm the account is closed then contact them stating they defaulted you on a debt that was already statue barred and if they dont remove it youll report them to the OFT.

fozmcfc

BoGoF wrote: »

Is it that easy to shirk your responsibilites.....hide for 5 years?

6 if you don't live in Scotland.

But thankfully some of us believe in paying our debts.

RedBullGivesYouWings

stclair wrote: »

In my personal opinion I would send them the statue barred letter then wait for them to confirm the account is closed then contact them stating they defaulted you on a debt that was already statue barred and if they dont remove it youll report them to the OFT.

Ok that is what i will do.

Now as for the date, what date do i go by? Is it the date that they added the default it to my file, or is it the date that is shown on my file that i supposably defaulted on. Because they only added it this month, but is shows on my report that i defaulted on the account in feb 2008, it's like they have back dated it if you know what i mean? Can they do that?

stclair

RedBullGivesYouWings wrote: »

Ok that is what i will do.

Now as for the date, what date do i go by? Is it the date that they added the default it to my file, or is it the date that is shown on my file that i supposably defaulted on. Because they only added it this month, but is shows on my report that i defaulted on the account in feb 2008, it's like they have back dated it if you know what i mean? Can they do that?

My understanding is a default should be issued within 6 months of your last payment being made to the account. They cant just default you years aferwards.

To be sure what im saying is correct contact these people tomorrow its a freephone number 0808 808 400 and they will confirm it for you and will be able to give you proffesional advice so to speak.

http://www.nationaldebtline.co.uk/scotland/

tryingtosave21

Hiya.

What I would do is send Blackhorse directly a cheque for £10 and ask for a subject access request under the Data Protection Act. This is a catalogue of all information they hold on you and should even include recordings of all recorded
conversations with them you had.

The default date is the date which you missed your payment and failed to rectify it, so this should have been 2005, which means it should not be on your credit file as 2008.

Stat barred is 5 years in Scotland so maybe it should have came off last year. If you have never made any contact with Blackhorse or any collection agents on behalf of them since 2005 and you have never made a payment to them then it is definitely statute barred.

I think requesting a subject access request in writing, enclosing the fee of £10 (This is the maximum fee) is the best way, because you will get ALL information they hold on you, including any written notes they have typed from you calling in, and you will be able to see the last time you spoke with them. Same goes with any company, if it was DLC u last spoke with, request the Subject Access Request from them.

They have to respond to you within 40 days. Once you get this and you know when the actual default date was, you can forward this onto callcredit etc and get it rectified. Hope that helps...