Statute Barred Scottish law questions

Bluenos3

Hi I'm new please go easy on me


To put you in the picture...


When I was younger (2004) I took out car finance (Black Horse) and ultimately defaulted on payments and had car repossessed the same year.


6 years ago I met my now wife and 2 years later we had a kid. I had started to turn my life around. Last year we bought a house, a car (Black Horse again) and many other things I was unable to do a few years ago due to my poor credit rating.


So this week I applied to Tesco Bank for a loan thinking my credit rating is fine. Today I got a phone call to say the loan had been declined due to 'adverse information' on my credit report.


I logged into my credit report and could see nothing wrong. So I phoned Experian and it turns out I never gave them my old address when I stayed with my mum back in 2004. Also turns out that Black Horse have a default against me from November 2009 even though the car repossessed in 2004. Of course I stupidly ignored all contact and never attempted to pay what I was due.


Anyway counting back and November 2009 was 5 years ago this passed November.


So my question are...


Does this not now mean that, under Scottish law, this default is now statute barred and should not show on my credit rating?


Can they rightfully put a default on in 2009 even though the event occurred in 2004 after I have had no communication with them?


If I do have to wait the 6 years, do I risk waiting until November and letting it drop off and hoping they don't CCJ me?

fermi

Limitation is 5 years in Scotland, so you "should" not fear court action, or if in the unlikely case it happened you could defend against it. Get advice from National Debtline though.

Defaults remain on file for 6 years in both Scotland and England. How long the limitation period is in either does not change that rule on defaults.

You could argue that a default 5 years after the fact is grossly inaccurate and complain demanding they take it off. Taking them to the Information Commissioner and FOS if they refuse.

Or you could just wait as it will go in November no matter what.

Bluenos3

Hi thanks for the reply. My credit report has now been updated with the default.

Started 20/08/2004

Default date 02/11/2009

The start date and default dates are over 5 years aswell.

Can they do this, even after I have had no contact with them?

happy_bunny_2

Complain, in writing, stating that the default date is wrong. State you require it dating within 6 months of stopping paying, repossession.

It will then vanish.

If they refuse, take to FOS. Might take a few months to sort if you need to go to FOS.