Outstanding Debt

Marcusdmills

When I left the armed forces in 2008 I applied to be a driving instructor with RED the instructor college (who I believe have since gone into liquidation) the cost of the course was over 7,000 depending on whether I passed a CRB check which I did not as I have a previous conviction. I sent the relevant paperwork with my CRB check to RED instructor college notifying them that legally I was unable to attend the course, therefore did not receive any kind of money / services from them. I have just did an Experian credit report and it is showing up with a debt of over 7,000 owing to Barclays as they gave the money to RED instructor college to fund the course which I did not attend, can this debt legally be upheld?


Many Thanks

sourcrates

Marcusdmills wrote: »

When I left the armed forces in 2008 I applied to be a driving instructor with RED the instructor college (who I believe have since gone into liquidation) the cost of the course was over 7,000 depending on whether I passed a CRB check which I did not as I have a previous conviction. I sent the relevant paperwork with my CRB check to RED instructor college notifying them that legally I was unable to attend the course, therefore did not receive any kind of money / services from them. I have just did an Experian credit report and it is showing up with a debt of over 7,000 owing to Barclays as they gave the money to RED instructor college to fund the course which I did not attend, can this debt legally be upheld?


Many Thanks

Hi,
Anything of a legal nature, post on here :


http://www.legalbeagles.info

Sazzie23

Interesting question, perhaps you might let us know how you get on.

poppasmurf_bewdley

Marcusdmills wrote: »

When I left the armed forces in 2008 I applied to be a driving instructor with RED the instructor college (who I believe have since gone into liquidation) the cost of the course was over 7,000 depending on whether I passed a CRB check which I did not as I have a previous conviction. I sent the relevant paperwork with my CRB check to RED instructor college notifying them that legally I was unable to attend the course, therefore did not receive any kind of money / services from them. I have just did an Experian credit report and it is showing up with a debt of over 7,000 owing to Barclays as they gave the money to RED instructor college to fund the course which I did not attend, can this debt legally be upheld?


Many Thanks

If it was 2008 and you have not made a payment or acknowledged that you owe the debt in writing, and no CCJ has been issued, then the debt will now be statute barred and you do not need to pay it.

Send the statute barred letter:

http://forums.moneysavingexpert.com/showpost.php?p=34906257&postcount=5

[Deleted User]

Did Barclays ever ask for repayment ? It does sound like it is statute barred anyway

Marcusdmills

Hi, thanks for all your responses, greatly appreciated!
Barclays did take a couple of payments out of my account which I didn't realise at first but as soon as I did I rang them and stopped it. There wasn't any resistance and this was back in early 2009.
They haven't sent any CCJs / bailiffs etc for this debt but it is still on my credit report, which is worrying as it's over 7,000.
If I send the statute barred letter would this potentially help in getting this wiped off the report?


Many Thanks

Tixy

Don't send the statute barred letter unless it has definitely been 6 years since the last payment was made/taken. Ideally I wouldn't send it for a futher month or more after that.

The statute barred letter won't help with your credit file.
Looking at your credit file what default date is showing on the entry for this debt?

Marcusdmills

Hi,


I have just taken another look at the report and it says the default date was 20.03.12, which I'm guessing would mean it isn't statute barred yet as 6yrs hasn't passed?

poppasmurf_bewdley

Marcusdmills wrote: »

Hi,


I have just taken another look at the report and it says the default date was 20.03.12, which I'm guessing would mean it isn't statute barred yet as 6yrs hasn't passed?

I don't think the date of the default matters. It's the date when you last made a payment or acknowledgement that counts. I'm sure others will confirm this.

Tixy

The default date isn't relevant for when a debt becomes statute barred.

A debt becomes statute barred if there is a period of 6years where you pay nothing towards the debt nor write to acknowledge you owe the money and only if the creditor doesn't commence court action in that time.

If payments were due to start immediately and the only payments made were in 2009 then the default date on your credit file is incorrect and unfair. However if you complain about it before the debt is statute barred then you may well find that triggers them to take court action or you may end up resetting the statute barred clock in any letter complaining about the default date.

It may be best to work out when the debt will become statute barred and then send a SB template letter. And then after that consider a complaint against the late filed default.

Marcusdmills

Okay, thank you. I think this default date is incorrect but I am going to go and look on my previous banking history to make absolutely sure which was the date any monies was last taken for it from Barclays.
Will I need this kind of proof before sending the statute barred letter and complaint letter (also, who would I send the complaint letter to, the Ombudsman?)


Thanks for all your help!