Buried

nixoni

Good afternoon all.

My head has been well and truley burried in the sand for a long long time now in relation to my debt problems and really need to do something about it. The trouble is I have no clue! I have been advised of a number of different things by various different people & companies.

I have been advised that my debts are all now statute barred (which i have been given the jist of but again? ( :huh: ) I have been advised to arrange a trust deed (and since been advised by trust deed scotland this is not suitable option and i should consider bankruptcy)

I am in this mess (not that anyone wants to know) due to a series of illnesses, injuries and bad stupid luck. But now i have got myself back on track and have a young family with no prospect of getting a mortgage to buy a family home. I need to dig myself out of my mess and would like a little bit of help and advice.

Apparantly the experian search shows

Blackhorse Balance £1690 updated 03/06/2012
MKDP LLP Balance £4959 updated 17/06/2012
RBS Balance £21,328 updated 03/06/2012
RBS Balance £2055 updated 03/06/2012

I actually thought i owed more than this but this could possibly be as a result of the variety of different debt collectors i have spoken with.

I honestly dont know if and when the last time i made payments to any of these companies and have no recollection of doing so.

I know i can not afford to simply pay off the loans regardless of really wanting to. But can someone point me in the right direction?

Tixy

Hi

First of all don't trust that the experian report will show all your debts - it very likely won't. Even if you get copies of your file from all 3 agencies then they may well not show all your debts.

Debts drop off a credit file 6years after the date they were first defaulted by the lender (that doesn't necessarily mean they are not owed just that they no longer appear on file). Typically a default is put on when you have missed between 3 and 6 payments. I am guessing if people have mentioned statute barred debts to you then your debts are fairly old.

From now on - do not speak to any debt collectors on the phone - if they write to you - do not call them, if they phone you then tell them to put everything in a letter to you and then hangup.

Were you in Scotland when you took out all your debts/credit agreements? Who have you spoken to about the idea of statute barred debts? I would think this is the avenue to try to explore first.

Are you currently being chased for debts on a regular basis? do you have copies of any/all of your paperwork? or any recent letters chasing the debts at all?

nixoni

thanks for replying.

I dont have any paperwork at all from any of them.
Each of the debts are all fairly old i havent attempted to get credit in the last 6 years so, each of them are all older.

I have been chased religiously until recently where i have changed my mobile number.

There was an instance however where a door to door debt recovery person appeared at my mother in laws door where she set up a DD for me to my anger. however this is to be cancelled this month.

I spoke to a solicitor acting on behalf of RBS and i informed him that i cant repay the loan and intend to declare myself bankrupt. He said okay and let me go.

Yes i am in scotland and have been when all debts where taken.

thanks

RAS

In Scotland unsecured debts become statute barred after 5 years, not 6 years. And unlike England they cease to exist rather than just becoming unenforceable.

When did YOU last make a payment or written acknowledgement of each debt?

nixoni

in all honesty i have never written to them, ever!
In relation to paying any of them, i dont think i have paid any of them since 2006. Although there occasionally have been payments made to the accounts, not directly by myself as i no longer have bank accounts.? although i do vaugely remember there being wage arresstment on one of my former employers payslips for a while. I assume that would be the RBS loan

If they are statute Barred and no longer exist, does this mean i no longer have the debt and if so why are they still on my report?