Credit expert

ClareMichelle

Hi

Just looking for some advice, i have just signed up to Credit expert to try and understand why i cannot get credit anywhere and try to do something about it.

On there is an unpaid debt of £897 to Clydesdale finance (i dont know who these are) and £237 to O2 (which i am almost positive i have cleared).

On credit expert it says that bad credit is removed from your rating after 6 years whether paid or not, both of these both started in 2005 so surely if that was the case would no longer be on....unless this 6 years starts from date of default (which is 2006)???

What am i best off doing?

JustinCredibleGillespie

Hey CM. It is actually 6 years from the date of default. Have you acknowledged any of these debts in the last 6 years? If not, they could be statue Barred, which means they are no longer enforceable after the 6 year mark.

JCG

ClareMichelle

the date of default is 2006 so should come off next year. Do i need to contact them to get it off or do they come off automatically?? I dont think ive had any contact with them. Another part of the credit report has a part that says 'File Updated for the Period to' and the date for that is 2007, what does that mean??

What is statue barred?? How do i find out? Thank you.

JustinCredibleGillespie

Yes it will fall off next year automatically. You dont need to worry about the file being updated in 2007.

Statute barred is when you do not acknowledge your debt for 6 years then the creditor can no longer chase you. Although, I have seen a few on this site that were nearing the 6 year mark and the creditor has issued a CCJ and then the 6 years starts again. Hopefully, this wont happen in your case.

Have a look at this link.

JCG

JustinCredibleGillespie

Apologies, I forgot to include the link. Here ya go...................

https://forums.moneysavingexpert.com/discussion/578486

ClareMichelle

Thank u

Its all very confusing. Does this mean i am basically better off ignoring the debt for another year and then it will be removed? Do i have to write to them about this statue barring?

JustinCredibleGillespie

Only if they contact you or find you OR whatever the case may be.

Personally, I would just hide for another few months. There is templated Statute barred letter on this site.


According to this definition:

"A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account."

http://www.debtquestions.co.uk/legal...hts.php#barred

JustinCredibleGillespie

To: Creditor ???

WITHOUT PREJUDICE

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".
I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".
The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.
The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".
I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I/we look forward to your reply.


Yours faithfully [print name]

---

If you are contacted. Send them the above. Do not sign any letters. Print your name. Although, your away ahead of yourself at the minute. Just have patience and wait.

All the best.

JCG

xx