Advice required re. old debt

Stacymes

I wonder if anyone can help with my current situation.

Many years back I had a joint loan with my then partner with RBS. Unable to pay the current contributons we chose to take out trust deeds which included this particular loan. This was in January 2009. Unfortunately due to a change in personal circumstances, within 18 months I could no longer afford the repayments on mine and after the trust deed provider refused to help me the trust deed was marked as failed in December 2010. I had paid approx £2500 to them which I believe was kept by the company for their fees. I chose to then put it out my mind while I finished Uni. The trust deed company never pursued me and until now I have not heard anything of the debts that were included in the trust deed. Around 18mths ago after graduating I began seeking advice for the debts as I was sure that they would come back eventually. I was advised to make myself bankrupt. I chose not to do this and instead focused on rebuilding my credit where I could. At this time I should say that the full RBS loan was on my credit file as outstanding, I had become liable for the full amount as a result of my trust deed breaking down. I should point out that my ex partner continued to pay his until it was complete.
I have now received a letter from Robinsons Way regarding this debt. Upon advice from other forums I ignored their first 'fishing' letter. I have now received one stating it is in relation to the RBS loan.
It has been over 6yrs since I had any contact with RBS but I don't know where I stand in regards to the debt being statute barred because of the trust deed. I've also read that because it was a joint loan, both parties need to have had no contact with the company and as my ex paid his trust deed I assume RBS would have received a proportion of the money. I can't seem to find an answer online so wondered if anyone had come across this situation before and could offer some advice before I send the standard letter to Robinsons Way. Of note, I have checked Noddle again and the debt is no longer on my file.

Many thanks in advance for any advice.

sourcrates

Hi,
As you suspect, due to the trust deed, I doubt you can rely on the SB argument, as your ex partner paid his till it ended.

How much do you owe RBS ?

I think you should probebly do a CCA request, was it an old account ?

When was it originally opened ?

Stacymes

I can't remember the date of when the loan was taken out but it would be at least 8yrs ago, possibly longer. I have none of the original documentation. It's a whopping £27k although the original loan was for £23k. I presume interest was added.

fermi

Payment by either person liable (or their agent) restarts the 6 years.

Usually it's taken that payment under an IVA/TD or similar counts for restarting that clock.

May a point worth checking with the likes of National Debtline on Monday though, as these things do change and evolve somewhat as different legal precedents get set.

Stacymes

Yeah I plan to contact them for advice as well. I'm confused as to why it's dropped off my credit report though.

sourcrates

Stacymes wrote: »

I can't remember the date of when the loan was taken out but it would be at least 8yrs ago, possibly longer. I have none of the original documentation. It's a whopping £27k although the original loan was for £23k. I presume interest was added.

Defenetly check the SB status first with ND.

If not SB, would certainly do a CCA request without delay.

fermi

If you started the TD in Jan 2009, the creditor would have been obliged to have defaulted it by that date. Even if it later failed.

Accounts are removed from your credit reports 6 years after the default date, settled or not, so that is likely why it's gone.

Stacymes

Thanks for your replies.

The whole thing makes me feel sick to my stomach as there's no way I can pay that kind of debt.

sourcrates

Stacymes wrote: »

Thanks for your replies.

The whole thing makes me feel sick to my stomach as there's no way I can pay that kind of debt.

That's precisely why a CCA request should be your next move, if they don't hold correct paperwork, then they may not be able to obtain judgement against you in court.