statute barred and credit file

voyager162

hi good MSE experts,
i need some help and advice.

some time ago (11years to be precise) i had a CC with HFC bank to cut a long story short due to many different circumstances i was unable to pay the debt, no CCJ was issued but a default was placed on my credit file 10 years ago.

i have worked hard and managed to get out of the stressful situation i was once in.
over the last 5years this debt has come back to haunt me many times, i usually inform the debt collection agencies that its statute barred and they stop contacting me until its sold on to another and the process starts again.

4 weeks ago i had a letter from Cabot Financial, usual fare, i informed them that it was statute barred and that i did not admit the debt. then i get a letter from their solicitor with a court date for a summary judgement. i lodged my defence and got the usual letter back saying i had to prove that i no longer owed the debt, to which i sent the std cover letter explaining the statute barring and that i did not accept the liability.

today i got an alert from Experian to say a default has been lodged on my credit file for this debt. Of course just as i am applying for a loan on a new car as i am struggling to get to work on time using public transport. the loan refused on the basis of this default.

i have contacted Cabot financial who refuse to remove the default, i explained that it was statute barred and was lodged as a default on my account 10yrs ago but has been gone for over 4 years.

they refuse point blank to make any move to remove it.

my job has a start time of 6am and i could loose my only source of income if i cant get to work, the bus does not get me to work until 6.45 so without a car i think i might be let go.
all because of this default that is back on my credit file when it had been removed, i really dont know what to do, the stress of this again has made me ill with worry and i am struggling to sleep.

i made a mistake in the past and worked really hard to get back on track but this seems to be some cruel joke.

please help, i dont know what to do.

tomi12

Hello.I'm new to this forum.Welcome to this forum

sourcrates

voyager162 wrote: »

hi good MSE experts,
i need some help and advice.

some time ago (11years to be precise) i had a CC with HFC bank to cut a long story short due to many different circumstances i was unable to pay the debt, no CCJ was issued but a default was placed on my credit file 10 years ago.

i have worked hard and managed to get out of the stressful situation i was once in.
over the last 5years this debt has come back to haunt me many times, i usually inform the debt collection agencies that its statute barred and they stop contacting me until its sold on to another and the process starts again.

4 weeks ago i had a letter from Cabot Financial, usual fare, i informed them that it was statute barred and that i did not admit the debt. then i get a letter from their solicitor with a court date for a summary judgement. i lodged my defence and got the usual letter back saying i had to prove that i no longer owed the debt, to which i sent the std cover letter explaining the statute barring and that i did not accept the liability.

today i got an alert from Experian to say a default has been lodged on my credit file for this debt. Of course just as i am applying for a loan on a new car as i am struggling to get to work on time using public transport. the loan refused on the basis of this default.

i have contacted Cabot financial who refuse to remove the default, i explained that it was statute barred and was lodged as a default on my account 10yrs ago but has been gone for over 4 years.

they refuse point blank to make any move to remove it.

my job has a start time of 6am and i could loose my only source of income if i cant get to work, the bus does not get me to work until 6.45 so without a car i think i might be let go.
all because of this default that is back on my credit file when it had been removed, i really dont know what to do, the stress of this again has made me ill with worry and i am struggling to sleep.

i made a mistake in the past and worked really hard to get back on track but this seems to be some cruel joke.

please help, i dont know what to do.

Hi,
You don't have to prove anything OP.

That's just more bullsheet from Cabot, it's up to them to prove the debt is not statute barred, not up to you to prove it is.

Suggest you contact national Debtline, they will be able to advise how to deal with Cabot :

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Default.aspx

You may need to contact the information commissioner to get this default removed, as you cannot default the same account twice :

https://ico.org.uk