Defaults >5yrs Ago

chewrinbrakes

Post deleted

Thrugelmir

If you owed a sum such as this. Then would be surprising if legal action hadn't been pursued.

matttye

Sounds like they're statute barred.

My understanding is that they can still pursue you for the debt until such time as you point out that it is stature barred, after which they must either prove it is not or leave you alone.

Many creditors make up phantom payments so be prepared to get your bank statements going back 5 years.

chewrinbrakes

matttye wrote: »

My understanding is that they can still pursue you for the debt until such time as you point out that it is stature barred, after which they must either prove it is not or leave you alone.

Thank you for your reply, matttye.

How can I check if they are indeed statute barred without simultaneously acknowledging the debt? Do you know if the five year term begins from the default date of each debt on my credit report?

Ben8282

You cannot check that they are statute barred.
If you know that you genuinely have had no contact with anybody about these debts, have not written any letters or made any payments, then they are statute barred,
Ignore the letter from Cabots. The 'you currently owe £0.00' is there to confuse you and get you to call. Ignore all further correspondence from them too. They know the debts are statute barred. All they want is for you to call them so they can somehow trick you into paying them something or somehow having you run round in silly circles trying to prove this or that. They will give up sending the letters eventually.
In theory it should be the default date on the credit report assuming that you have not communicated or made payments since then. I understand that debt collectors become especially active in sending out letters with regard to a debt in the period immediately prior to it becoming statute barred in the hope that you will contact them before the date is reached.


I have a question. As credit reports are presumably maintained in England, do defaults of people with addresses in Scotland come off the credit reports after 5 years or 6?

chewrinbrakes

Thank you, Ben8282. I really appreciate your reply and advice.

chewrinbrakes

Ben8282 wrote: »

I have a question. As credit reports are presumably maintained in England, do defaults of people with addresses in Scotland come off the credit reports after 5 years or 6?

From what I've read, it is six years.

glentoran99

5 years is the statute limitation (in Scotland), 6 years is credit history

fermi

Retention of defaulted accounts on credit reports is 6 years for the whole UK.

What the period for a debt being statute barred is has no effect on the credit file retention period.