Old Credit Card Debt

weeyinn

Hi all!!!
Looking for a bit of help.
I am looking to improve my credit score and have been on Noddle to check what was happening with it.
Upon checking, it shows a credit card that I obtained 10 years ago. The account is still showing as active and as only late payments. Is this debt still persuable? What steps do I take next??

Thank you in advance!!!:D

Tixy

When did you last make a payment on this credit card?

And when does your credit file indicate you last made a payment?

Presumably it does show an outstanding balance?

weeyinn

It shows an outstanding balance and no payments since 2009 (thats all the noddle report is going back to) but in all honesty, I haven't paid anything to that card since 2005/6

Tixy

Then it is likely the debt is statute barred (i.e. you are not legally obliged to pay).

A debt becomes statute barred in England/Wales if there is a period of 6years where you do not pay anything or do not write to acknowledge the debt. (Legislation is different in Scotland so say if you are there).

If this is the first time recently that you have checked your credit file then it is quite likely possible that you will get a debt collection letter in the next week or 2 chasing for this debt.

If you do then you would likely reply with the one of the templates to say that you believe the debt is statute barred.

In terms of the entry on your credit file, that will probably be a bit harder work to resolve. You would need to write to the creditor showing on file to dispute the entry and say that the debt should have been defaulted not long after you stopped payments and so should have dropped off your credit file.

Useful template / info here Statute barred debts and the Limitation Acts Do make sure you are pretty confident it is statute barred before sending a letter to say you think it is.

weeyinn

I've not received any letters chasing me for this debt for years. Would that make it statute barred? I'm lost with all this :eek:

Tixy

The date a debt becomes statute barred depends on when you made payments or when you wrote to them.
Letters from the creditor/debt collector don't change when a debt becomes statute barred.

If you haven't made any payment or used the card since 2006, haven't written to them since 2006 and they haven't taken court action against you then the debt would be statute barred.

weeyinn

Would I just send the letter then? I don't have an account number or anything. Or would I have to contact them to get an account number??

Tixy

If a debt collector writes to you chasing the debt then I would send a SB template letter.

In terms of your credit file I would write to the creditor to the address on your credit file to say that you have noticed an entry on your credit file that you believe is incorrect, and then refer to the details on your file.