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Statute barred

bongovr6
Posts: 2 Newbie
Hi all im new to the site so forgive me if I have posted this in the wrong section.
What the problem was that I checked my credit history a week ago knowing I had bad history i wanted to see how bad and how I can go about sorting it.
It turns out was not as bad as first expected with the only thing showing was failed payments to outstanding hire purchase and a credit card both debts that an ex run up in my name. Well on reading the default date both landed over 5 year ago which in Scotland would declare them as Statute Barred.
I contacted the 2 debt agencies (1st credit and cabot) and so far I have received a letter back from 1st Credit admitting the debt is Statute Barred and they no longer will chase me for it but...
They state they still consider the debt legally exists ?
I cant see how it legally still exists as there is pretty much nothing they can do about it now if its Statute Barred am I right ?
Im also expecting the same response from Cabot as the debt is over 5 year old as well and no court action has ever been raised and I have never legally accepted the debt.
Also in regards to Statute Barred can these black marks be removed from a credit report as the only things against me on my credit report are the 2 items listed above and the fact im not on the Electoral Register. I have no other debts and everything else in my report is in the green an no black marks so I am now signing the Electoral Roll to help my score but would like these black marks from Statute Barred debts wiped off my report as well if possible ?
If anyone can provide any information it would be greatly appreciated.
Thanks
What the problem was that I checked my credit history a week ago knowing I had bad history i wanted to see how bad and how I can go about sorting it.
It turns out was not as bad as first expected with the only thing showing was failed payments to outstanding hire purchase and a credit card both debts that an ex run up in my name. Well on reading the default date both landed over 5 year ago which in Scotland would declare them as Statute Barred.
I contacted the 2 debt agencies (1st credit and cabot) and so far I have received a letter back from 1st Credit admitting the debt is Statute Barred and they no longer will chase me for it but...
They state they still consider the debt legally exists ?
I cant see how it legally still exists as there is pretty much nothing they can do about it now if its Statute Barred am I right ?
Im also expecting the same response from Cabot as the debt is over 5 year old as well and no court action has ever been raised and I have never legally accepted the debt.
Also in regards to Statute Barred can these black marks be removed from a credit report as the only things against me on my credit report are the 2 items listed above and the fact im not on the Electoral Register. I have no other debts and everything else in my report is in the green an no black marks so I am now signing the Electoral Roll to help my score but would like these black marks from Statute Barred debts wiped off my report as well if possible ?
If anyone can provide any information it would be greatly appreciated.
Thanks
0
Comments
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I wouldn't worry about it. Worst Credit have just sent you a templated response that doesn't take into account that debts in Scotland are "extinguished" and no longer legally exist after 5 years.
As compared to England, where you are still liable for a statute barred debt. But court action is "barred".
However, statute barred debts cannot be removed from your credit report just because they are statute barred.
Defaults are reported for 6 years from the default date in both England/Wales and Scotland. The debt being SB does not change that.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Thanks for that fast response
The debts are going to be 6 years old come early part of next year so thats fine im in no rush to go out and get credit I just want the security of a clean history behind me that if and when I do apply for any form of credit I will not feel embarassed by a refusal of credit.0 -
Well,once the defaults are 6 years old, they will be removed from your reports, along with all trace of the accounts.
So you will have a 'clean' report in that sense at least.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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