Statute Barred Advice Please

Jonj1611

Hi,

Many thanks, I have my Experian, Equifax and Noddle reports all dated within the last week and it doesnt show on any.

As I said already sent the stat barred to which I got the reply of I paid back in 2007, I will send the prove it letter and see where that gets me.

Thanks for the advice

FireWyrm

Jonj1611 wrote: »

Hi,

Many thanks, I have my Experian, Equifax and Noddle reports all dated within the last week and it doesnt show on any.

As I said already sent the stat barred to which I got the reply of I paid back in 2007, I will send the prove it letter and see where that gets me.

Thanks for the advice

If you are 100% sure that it doesnt appear on your credit file, it doesnt exist. End of story.

Continuing with letters just gives them an opening to continue arguing and harrassing you.

In my opinion, you are far better simply ignoring this from now on.

IF they harrass you by phone, THEN send them another letter essentially saying : Look, I told you once, now I'm reporting you to the OFT etc.

Jonj1611

No, its definitely on none of the credit reports, but the reason I didn't think anything about that is because a few things dont appear on my credit report, like gas/electric, phone(home) etc

FireWyrm

Jonj1611 wrote: »

No, its definitely on none of the credit reports, but the reason I didn't think anything about that is because a few things dont appear on my credit report, like gas/electric, phone(home) etc

Some things simply arn't reported to the CRAs, up until recently for instance, this included PDLs. It means nothing, neither is council tax for that matter. Your debt was owed (if you believe it so) over 6 years ago and has long since dropped off. It's absence from your files (all three) indicate that this is over 6 years old as you thought. That means it is beyond doubt, statute barred.

Continued correspondance with the DCA in this case gets you nothing but more headaches. Even IF you had a fit of the vapours and paid it regardless of guilt, it wouldnt show on your file as anything, since the default no longer exists. It wouldnt update or improve your rating or anything.

All you are doing by continuing down this line is leading the DCA on, they think you're playing hard to get and they will just annoy you further until you either pay, or lose patience and report them.

Jonj1611

Ok many thanks, that makes things a lot clearer

fermi

FireWyrm wrote: »

If you are 100% sure that it doesnt appear on your credit file, it doesnt exist. End of story.

Wrong. It does still exist.

FireWyrm wrote: »

It's absence from your files (all three) indicate that this is over 6 years old as you thought. That means it is beyond doubt, statute barred.

All it means is that the default, if recorded is over 6 years old. Or it could simply missing for some other reason.

The debt not being on your files does not automatically mean it is statute barred.

fermi

Either...

(a) Ignore them.

or

(b) Tell them to prove the payment in 2007, otherwise you will report them to OFT, FOS etc...

Your call.

Jonj1611

Ok, many thanks, I appreciate all the advice.

Jonj1611

Fermi can I ask you something please.

Is the prove it letter still something I can send even though I have sent the statute barred letter already?

Just wondering that was all

Thank you

HappyMJ

Jonj1611 wrote: »

Fermi can I ask you something please.

Is the prove it letter still something I can send even though I have sent the statute barred letter already?

Just wondering that was all

Thank you

Just wondering....why? If it's not on your credit report and they haven't threatened a CCJ then you don't need to take any further action and can ignore it. You still do owe the money but they can't take court action to get the money from you.