Default Accounts Advice

SolemnSolitary

Hi,

New member here so be nice :P

A friend of mine told me to come here before I take any action.


During 2002-2004 I had 2 credit cards and a store card all of which I defaulted on.

I can't honestly remember when the last time I had made a payment on these but it's been at very least 5 years.

Recently I joined Credit Expert and discovered there are only two defaulted accounts under my name.. I am not sure which are which and honestly it may be that the third had been paid off by my ex. Since joining CreditExpert I have received letters regarding the Defaulted accounts. As that is the only thing that has changed I assumed it was CreditExpert that passed my contact details on to the debt collectors. Is this legal?

My Default dates on the two accounts (According to CreditExpert) :
Account1
Default Date: 19/05/2007
Account2
Default Date: 15/02/2007

Is it true that if I do not make a payment / formally write anything to the collectors that they can't chase me 6 years after the above dates?

Anyway, today they called me at work.. No idea how they got that number as my office has just moved so I haven't put this number out anywhere! Is there a way I can get them to no longer call my work? Is it legal for them to call my work?

I know the advice is going to be that I should setup a payment plan, not that I can afford it at the moment, to pay off the unlimited amount of charges they have for me and will continue to charge me for. Is there a limit to the charges?

Can I claim bankruptcy? I am out of ideas here and they are starting to interfere with my job and I really need to know legally where I stand.

Also I have discovered for a fact that it is CreditExpert that passed my information on as the debt collectors quoted a phone number I have on my CreditExpert profile that has a typo in it. Surely they aren't allowed to make my profile public knowledge?





Please any constructive advice would be fantastic.


Sorry this has now been moved to the correct section

samtoby

Creditors are given a fixed period of time to chase chase you, which is outlined in the Limitations Act 1980. The time scale mainly depends on the type of debt and can be extended at the courts discretion. The time limit begins when you last admitted owing the money or made a payment. You say the last time you paid was around 5 years ago so you have another year yet.

Should the creditor fail to maintain contact with the debtor, for a period of 6 years or more, it is possible to claim that the outstanding debt is "Statute Barred" under the conditions of the Limitations Act 1980.

You may have assumed that your creditor has "written-off" a debt if you have not heard from them for a long period. In many cases, it could be down to your failure to inform them of a change of address, but the debt will still exist and creditors are entitled to chase the debt indefinitely (even after the debt has become Statute Barred), however they can only use the legal system to recover the monies for up to 6 years after the last payment was made to the account.
Creditors are still able to pursue an unsecured debt if:

• They have previously obtained a County Court Judgement, CCJ, against you.
• You or anyone else named on the agreement have made a payment to the account within the last 6 years.
• You have established any contact with the creditor (this can be a phone call or letter to request a balance or change your details), except to deny that the debt exists.
• If a creditor continues to contact you after accepting that a debt is Statute Barred and you have stated that you no longer intend to pay the debt, you may be able to claim harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

In regards to the credit report agency I would say that the accounts have been linked by addresses and these companies have searched and found a recent address. I had this with a previous default.

If any companies approach you in writing or on the telephone some may advise not to respond and this will be because of the statute barred information. Some companies do not default straight away I had a default from a credit card that I stopped using in 2003 but was not defaulted until 2006 which I have paid off and is now due to drop off next month.

I hope this helps you

BugsyBrowne

They will both drop off your file before the summer of next year.

Bravehearted_2

Or get a CCJ.

KingElvis

If they get or already have a ccj then you're stuffed me old china teapot.

happy_bunny_2

Best post on debt free wannabe board. Loads of help there

rizla_king

happy_bunny wrote: »

Best post on debt free wannabe board. Loads of help there

They already have.