Statute barred, need advice please

Loobeyloop

Thanks for your quick reply Vax, yes they are bunny boilers, horrid people that make us go grey before our time, my head hurts ......, but if I just completely ignore them, won't they just send the heavies round? Or will I get a CCJ? there is already a default on my credit report thingy, can't believe it's still valid, it's been well over 11 years since i last heard anything from the bank.......

RAS

Door step collectors have absolutely no legal powers what so ever, no more than your postman or the tea boy.

IGNORE.

taffy056

If I was I would complain to FOS and ICO now, this debt is statute barred, you have informed them of this , and that is your next step. Legally you do not owe this money, so legally you don't have to pay it, its that simple , don't get upset about it, get complaining to the correct people.

fatbelly

My take on this is as follows, as Loobeyloop knows.

The DCA have not responded to the important point. It could be (a) because they don't understand the law or (b) because they do not have a good argument. In either case it doesn't sound like this is a likely candidate for court action and ultimately only a court could declare whether something was or wasn't statute barred anyway.

Bailiffs (nor any other form of enforcement) cannot be used until there is a court order that has been defaulted on.

I think I would just ignore them.

Loobeyloop

Thanks so much for your replies, the only thing I'm worried about is it is an overdraft, which I think Fermi said is a bit hard to put a date on to be statute barred, the statements from this dca go up to 2011 and the default from this debt is on my report (does that mean it has gone to court?).....apologies if I'm repeating myself, it's a scary thought to just ignore, will it really just go away or will I get some bald giant battering my door down!
Thank you, I can't tell you how much you help

fatbelly

No one is going to batter down your door.

It's unlikely anyone will ever visit. If they do suggest that they might, ask them to bring a sensible response to your letter of last July with them!

Loobeyloop

Hi again, I'm so sorry to keep on, am becoming a bit obsessive, sorry, but I just signed up for a noddle credit check and it shows this on the lloyds account.....

Account start date 01/02/2009 (This account was opened around 1999 and last transaction/contact from bank was dec 2002)
Opening balance £ 1,687
Repayment frequency Monthly
Date of default 13/01/2011 (does this mean this is the date the bank called it in so is not statute barred at all?)
Default balance £ 1,687

Thank you all so so much for your previous excellent advice, but I'm sure you can understand it is stressing me out, been researching all afternoon, but can you see why I'm worried it might not be statute barred or am i just being a dimmalow :huh::embarasse
Thank you in advance, I promise I will stop pestering you all!

HappyMJ

Is the account in the debt collectors company name rather than the banks name? It sounds like the day they bought the debt. It's still statute barred the date runs from the first default it doesn't renew if they sell on the debt.

Keep on pestering until you get this resolved.

In Noddle you can click something that show the monthly balances. Are they all the same from 2009 to 2011?

Loobeyloop

Hello HappyMJ, thanks for your reply, the account on the report just says Lloyds...there's no mention of dca...
on the address link section it says......Most recent source of link Lloyds TSB
Last confirmed 30/09/2011
Earliest confirmation 01/12/2002
so do you think that means lloyds has only recently called in the overdraft?

I copied and paste the monthly info....it appears to have gone up by a pound!
Balance history

Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
2012 1,688 1,688
2011 1,687 1,687 1,687 1,687 1,687 1,687 1,687 1,687 1,688 1,688 1,688 1,688


thank you for looking at this, getting a wee bit panicky now!

taffy056

As Happy said keep on pestering them, the debt from 2002 is statute barred from circa 2008 so 3 years before the default, they can't just issue a default when they like it. Get all your credit reports £2 each and raise complaints to each CRA as well, contact ICO as this is not correct.