Help please, is my overdraft statute barred?

rubski

Hello everyone this is my first post and id really appreciate it if I could get some advice on whether my overdraft is likely to be statute barred. I've received a county court claim from a debt collection company called MKDP for an old hsbc overdraft. I have checked my credit report with experian and it says MKDP placed a default on there relating to this debt on 14/05/2009 which is within 6 years, but the bank would have recalled the overdraft before this, so im hoping that would have taken it over the six years. I'm unsure of the actual date the overdraft was actually recalled. In the particulars on the court papers it says hsbc assigned this debt to MKDP on 08/12/2011, so im confused as to how they placed the default in 2009 on my credit report when the court papers says they were assigned the debt in 2011?. Ive had no communication with the debt company ever, and im sure i havent used the account since 2008. Im confused whether i should try and defend the claim as this will result in extra costs if im wrong, or whether i should take liabilty for the debt? can someone please advise me?? thank you guys

Tixy

When a debt is sold to a debt collector any entry they put on your credit file should have the same default date as used by the original creditor.
So it is usual and correct for the default date to be before the debt was assigned.

So you really need to know the date the bank officially recalled the overdraft. When did you stop using the account? do you not have any older paperwork relating to it?
You say you don't think you used the account since 2008, it may well have been 6months or more before they recalled the overdraft.