I have no details on accounts I used to have?

JusticeFT96

Hi there,

I have been through pages and pages on this forum and I can't see a similar question so far.

I took out loans and credit cards over the last 10 years most of which are statute barred I have just 1 debt on my credit file, next year that will be gone also.

I am wondering how I can obtain information about the loans/credit cards I had, I can remember most of the companies I dealt with, HSBC, MBNA, EGG, Capital One, Littlewoods and a few others but my question is how do I go about getting information from them to see if I was mis sold PPI?

Will my details even exist still?

One final question, not really related to this forum, I had a LOT of unfair charges on my accounts, at the time some agreed to pay, HSBC was in the region of £4000+ but I rejected it as they wanted to take it off the debt that I owed. Am I still able to claim these?

Cheers

Al

-taff

Bank charges reclaiming is pretty much over unless you can show they charged way over the odds for each charge.

If your loans etc are statue barred, bear in mind if you complain about PPI sold on those loans and credit cards, you are opening up those debts again so they can start asking you for the money again.

You send each company a SAR and £10 to see what information there is left. See the front page for a template.


If you still owe money on these accounts, any redress can be used against that first.

All you really need are account numbers and a reason for misselling though so if you have the account numbers, forget the SAR

JusticeFT96

I guess I will leave it then, it's probably not worth the trouble of reopening those debts. Thanks for your advice

dazza12

If a debt is statute barred, nothing can change this. Even if a payment or a PPI complaint is made, once statute barred it remains so forever. You still owe the money, it's just that they no longer have powers to collect the debt.

That said, there are a number of unscrupulous DCAs about that will continue to try to collect statute barred debts (such as Activ Kapital).

Generally once a company has sold a debt on, it's unlikely that the redress will be used against the debt. Although technically they can do, in practice many lenders will write the debt off once they do. It's certainly been the case in my experience with Barclaycard, GE/Santander and RBS, but companies like HFC will tend to insist you can prove you paid it off.

Don't touch the one that's still active - make sure it's statute barred first, as if you complain prior to the 6 year limit, the clock resets to zero again.

In terms of charges, credit card charges can still be complained about, as these were not covered by the failed court action - this only ruled out bank charges. I've had success in this area from Capital One, but this account was within the 6 years.

-taff

Can they not offset redress against the debt?
Are you not acknowledging the debt by complaining about missold PPI and thus 'un-barring' it?

dazza12

Once statute barred, it's barred forever. You can only reactivate a debt if it's within the 6 years. If you make a payment towards this debt, make enquiries or even acknowledge it, it does not activate the debt again.

It's up to the financial institution to decide whether they wish to use the right to offset against the debt, but only a few financial institutions actually do this once an account is sold to a 3rd party DCA. Some organisations will make such enquiries and send funds to the DCA, but the organisations that I mentioned haven't done so in my dealings with them.

In my example, in the late 90s I ended up owing Barclaycard, Barclays, GE Capital and RBS when I lost my job, marriage and home. These were never fully paid off, but this has not prevented me from not only having newer accounts with each organisation but redress in the cases upheld has been directed to me in full.

-taff

Thanks Dazza. So, a debt is stutue barred forever unless the person who is the debtor activates it in wiriting within the 6 year time limit...so the Ops debt remains statue barred even if they complain in writing about the PPI because their debt has already been statue barred....
blimey, talk about complicated ok, not really, but still....