Recalling overdrafts

charliebarley

I had an account 6 years ago with an overdraft which I then went into an unplanned overdraft and charges built ect till the account was defaulted. There is confusion as to when it will be statute barred, 6 years from missing the payment of the unplanned overdraft or 6 years from when it was recalled. I have been into branch to try to find out when they recalled it but the only information they had was a list of letters sent, most of which did not detail the letters content except for the last one which had a code on it meaning account closure. The last letter before that was 3 months earlier and then before that 2 months earlier, then before that 1 per month for about 3-4 months.

Can anybody tell from this when it was likely to have been recalled, I'm guessing they would send at least 2 or 3 letter asking for the full amount before they closed the account, defaulted it and sold it to DCA?

Buzby

Check your credit file? Nothing else will give any indication of your default to the accuracy you wish.

charliebarley

I've checked and the only thing that may be an indication is they were putting on £200 of charges every month plus interest and then about 5 months before the account was closed the charges stopped but the interest carried on till the end. I was thinking maybe they stopped adding charges on because they recalled it?

charliebarley

I know the default date, it's the date they recalled the overdraft I'm after.

JuicyJesus

Statute barred and the default falling off are two separate things.

A debt is statute barred six years after the last payment made to the debt or the last written acknowledgement of it by the debtor. The default will fall off six years after it is applied. The two dates can be different.

The only way you'll find out the date the O/D was recalled is asking the bank, which may or may not reset the statute barred clock. They will have sent letters at the time.

charliebarley

The debt could be barred now, it's been over 6 years since last payment but some people think overdrafts are not statute barred until 6 years after they were recalled. I went into an unplanned overdraft and never repayed and after looking at terms and conditions I think it will be 6years since the missed repayment on the overdraft.

happy_bunny_2

I would think a generic subject access request would not admit anything.

Just don't put account numbers on etc.

Best check that thus is the case with national debtline or some other knowledgeable folks before doing so.

This should get a copy of the account transaction history, with details of letters sent, status codes etc.

charliebarley

National debtline basically said you have to check terms and conditions. They didn't offer anything I didn't already know.

charliebarley

It would be helpful if I could find some posts about people getting statute barred accepted on overdrafts but I can't find any on any site

happy_bunny_2

charliebarley wrote: »

National debtline basically said you have to check terms and conditions. They didn't offer anything I didn't already know.

I meant ask them whether the SAR would start the SB clock if it isn't already.

charliebarley

I don't think the SAR does, I wouldn't put the account number just to make sure.