statute barred?? TBI financial demanding full payment, really need advice!

danielle36

Hi, was wondering if anyone could give some advice on what to do.

Years ago I opened up a student account with bank of scotland and had an overdraft, i went over my overdraft limit by literally a few pence and got bank charges, which made me even more over my overdraft limit. To cut a long story short, it kept spiralling so i opened an account with a different bank and as i was young naive and stupid stuck my head in the sand with bank of scotland account and ignored it.
I have never got in touch with bank of scotland over the years about this debt and have made no payments, I can't be sure of exactly how long ago it was as I don't have any documents with dates on it but im sure it was over 5 years ago. So i've heard absolutley nothing from bank of scotland and a couple of weeks ago I got a letter from TBI financial saying they have bought over the debt from IND limited in august 2012, never heard from IND either. The letter said i had to pay and they included a sheet that asked EVERYTHING...who i worked for, date i got paid every month, incomings, outgoings etc (do they have a legal right to know this information?) I went to citizens advice beaura and they said that it seems like my debt is statute barred (if it has been 5 years) and they think they are chancing it, so I ignored the letter and fast forward a couple of weeks this morning I got another letter from TBI saying I am in breach of the provision in the credit agreement and I have to pay £3085.50 by 22.10.13, there is no way i can conjur up that money in a couple of weeks!!! They then said that if i dont pay the credit agreement will terminate on 22 October and they will issue county court proceedings for the recovery. I'm really scared and don't know what to do next!!

Would be so greatful for any advice,
Thanks.

[Deleted User]

The limitations
act is 6 years in England and Wales; 5 years in Scotland. You need to get an accurate date when you last made a payment or acknowledged the debt. Have a look at your credit report, that's a good starting place. you have to be certain it is over the time limit to send a statute barred letter for reason of non payment. If you're near the time limit, try stalling tactics until you are past the time limit.

nottoolate

ask on the cag debt forums http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?163-Debt-subforums

danielle36

Hi thank you for the replies I've just signed up with experian and waiting on a pin arriving in the post so I can view my full credit report, would it show up on that?