Long time lurker looking for info

marchioro

Hi guys.

I've been kicking about here for years for advice all over the place, not just in the debt free section and finally signed up today.

I ran up debts years ago, silly things like bank accounts, loans, credit cards etc. I was young and silly. I estimate a total of 17k.

Recently I decided to try and sort it all out and to my surprise only 2 things are now showing on my credit rating (noddle and i tried the experian free trail). It was a long time ago the debt, probably just shy of 8 years, maybe 9. I've been avoiding it, which was also stupid.

I'm in Scotland so I started to research this and I get lots of info about 6 years and something happening, but then my info finding skills fail me.

Can anyone lend a hand, what exactly has happened and what will or could still happen.

Thanks all

sourcrates

Hi,
Credit accounts only appear on your file for 6 years (England and wales) 5 years in Scotland, if you have had no contact with your creditors in 9 years, the accounts would be statute barred by now, unless a CCJ (county court judgment) has been registered against any of them, but that would normally show on your credit file.

What that means is the time to take action on the accounts has run out (limitations act 1980) so they cannot obtain judgement against you in court.

However if a CCJ or Scottish equivalent, has been registered against any account, the account would not be SB, but, the creditor would be expected to exercise there rights within a 5 year period (Scotland) and if they haven't done so, would have to explain to a sheriff court why not ?

The CCJ could then either be enforced, or the case thrown out, at the judges discretion.

marchioro

sourcrates wrote: »

Hi,
Credit accounts only appear on your file for 6 years (England and wales) 5 years in Scotland, if you have had no contact with your creditors in 9 years, the accounts would be statute barred by now, unless a CCJ (county court judgment) has been registered against any of them, but that would normally show on your credit file.

What that means is the time to take action on the accounts has run out (limitations act 1980) so they cannot obtain judgement against you in court.

However if a CCJ or Scottish equivalent, has been registered against any account, the account would not be SB, but, the creditor would be expected to exercise there rights within a 5 year period (Scotland) and if they haven't done so, would have to explain to a sheriff court why not ?

The CCJ could then either be enforced, or the case thrown out, at the judges discretion.

Interesting, thanks!

So it looks like none (excluding the wee 2) of them are showing now, I avoided all contact like a coward.

There seems to be no ccjs on either credit reports.

Might seem like a silly question, but does the debt still exist?

Actually, is it possible to somehow repay it? (just out of curiosity)

sourcrates

The law is different in Scotland, if an account is statute barred it is extinguished, it no longer exists, in England, the debt still exists, but you cant be taken to court for it.

No, you cant repay it if it dosent exist, is anyone writing to you about these debts asking for payment ?

marchioro

sourcrates wrote: »

The law is different in Scotland, if an account is statute barred it is extinguished, it no longer exists, in England, the debt still exists, but you cant be taken to court for it.

No, you cant repay it if it dosent exist, is anyone writing to you about these debts asking for payment ?

I don't seem to get much in the post at all these days, which is nice! Was one of the things that made me decide to look into how things were looking!

The next ones I get from the 2 active ones, I'll investigate them when they come.

Thanks

marchioro

Another thought, sorry.

I want to pay off both of these, and shouldn't be too much of a problem for me.

How do I go about doing this, I don't think I have any letters from them... should I call?! Or write to them?

I don't mind paying the debt, but I like to know what 'charges' might be on there too.

Thanks

sourcrates

marchioro wrote: »

Another thought, sorry.

I want to pay off both of these, and shouldn't be too much of a problem for me.

How do I go about doing this, I don't think I have any letters from them... should I call?! Or write to them?

I don't mind paying the debt, but I like to know what 'charges' might be on there too.

Thanks

What sort of accounts were they ? loans, credit cards ?

where they with original creditors, or DCA`s ?

if they still show on your file, then write to who ever is reporting on them, you will need account numbers though.

They should provide you with details of the debts, but remember, five years with no contact and they would be SB.

Something to bear in mind.

marchioro

sourcrates wrote: »

What sort of accounts were they ? loans, credit cards ?

where they with original creditors, or DCA`s ?

if they still show on your file, then write to who ever is reporting on them, you will need account numbers though.

They should provide you with details of the debts, but remember, five years with no contact and they would be SB.

Something to bear in mind.

Thanks again!

Both of them are telecommunications and seem to be have been defaulted about 2012.

Also both are DCA's, the same one actually.

I can see part of the account number on noddle but nothing from the experian report.

happy_bunny_2

marchioro wrote: »

Thanks again!

Both of them are telecommunications and seem to be have been defaulted about 2012.

Also both are DCA's, the same one actually.

I can see part of the account number on noddle but nothing from the experian report.

You could write to them with name, your address the account is reported at and the partial account numbers. They should be able to find it.

Then, ask for a statement or make a full and final offer.

marchioro

happy_bunny wrote: »

You could write to them with name, your address the account is reported at and the partial account numbers. They should be able to find it.

Then, ask for a statement or make a full and final offer.

Sounds like a plan. They cant re-activate other debt or any other consequence of me getting in touch with them? Silly question, I know!

Thanks

happy_bunny_2

marchioro wrote: »

Sounds like a plan. They cant re-activate other debt or any other consequence of me getting in touch with them? Silly question, I know!

Thanks

If statute barred in Scotland, the debt no longer exists. They may need reminding of this if anyone tries it on.

If they do anything like re enter things on your credit file, that can be fixed too.

So basically, they can play silly bug*ers, but if they do, just post back for advice.

HB