Help! Default Dates & Statute Barred

Bambichops

I have recently started checking my credit file and I have noticed that there is a default that has been given by an energy supplier from a flat I lived in almost 6.5 years ago. While I appreciate that I should have paid this bill, I relocated from Scotland to England an other pressing matters took priority and over time, I completely forgot. During this time, I have received nothing from the company and only realised when I noticed it on my credit report this week. I have also discovered the term Statute Barred and wondered if this would fall under that category, although the company in question have given a default date of April 2012. I am not sure that this date is correct or where it has come from, like I said, I have not had any contact with this company since November 2009. I suppose what I am asking is. Does the Statue of Limitations apply and if so, is there a way I can get this removed from my credit file without waiting 6 years from the supposed default date, obviously, without leaving the company free to start chasing me now.

Any suggestions would be much appreciated!

tripled

Statute barred is 6 years for England and does apply to utility debts. All that means is that they can't take you to court for the money. It doesn't mean that you don't owe money or that it can't be reported on your credit file.

I'm not sure about the ins and outs of the dates. The utility co might not have defaulted the account until they either wrote it off or sold it to a debt collection firm. If your account wasn't closed when you moved out, this could have delayed matters.

I'm not sure there's much you can do to improve your record short of paying the bill (after checking your account was closed on the correct date), but someone more knowledgeable may come along and advise you differently.

fermi

Statute of Limitations has nothing to do with the default date, even if as it sounds this is statute barred.

The default date may be inaccurate though.

Read carefully the info in this link ---> https://forums.moneysavingexpert.com/discussion/3172602

If you think based on that the default should have been dated/applied sooner, then you COULD complain saying that...

- The default date is inaccurate and not in accordance with ICO guidelines.
- That unless backdated, you will be taking the matter as a complaint to the ICO and to whatever ombudsman/redress scheme applies to the utility co.
- That not withstanding the above, the debt is statute barred.

antrobus

tripled wrote: »

Statute barred is 6 years for England ....

It is indeed 6 years in England & Wales. However, in this case the OP was relocating from "Scotland to England", so I suspect that Scotish law might apply. The limitation period in Scotland is 5 years, and debt is extinguished once it becomes statute barred.

Bambichops

Thanks for your response. It can be so confusing. I read earlier somewhere that the creditors only have a certain amount of time to give a default after a period of non payment and the dates just don't seem to add up to me.

fermi

Bambichops wrote: »

Thanks for your response. It can be so confusing. I read earlier somewhere that the creditors only have a certain amount of time to give a default after a period of non payment and the dates just don't seem to add up to me.

Read the link in my previous post carefully, as that explains.

tripled

antrobus wrote: »

However, in this case the OP was relocating from "Scotland to England"

My mistake - I read the move the wrong way around (I thought the OP moved from England to Scotland) so you're right it would be five years