Overdraft default and statute barred date?

welly_59

I have a default on my credit file dated 6th November 2012 in relation to an overdraft. My limit was £2600 and i went over that without paying anything further into it.

In 5 weeks the default will drop off my credit file, but i have just received a ltter from Intrum Justitia asking me to make arrangements to pay. I have never contacted the bank in regards to this debt, or made any payments to it, although i do use another account with them on a daily basis.

My query is in regards to the the statute barred date of this debt. At its latest i believe it would be the default date, but i have been told that it could well be statute barred already, depending on when last payment was made into it?

Any advice please?

[Deleted User]

6 years from the default date.

And if you have a DCA chasing you they could apply for a CCJ before it reaches statute barred

welly_59

so with 5 weeks to go till 6th year anniversary what would you recommend as a course of action?

Willing2Learn

Write to the DCA, with a [STRIKE]n amalgamation of the[/STRIKE] 'prove it' letter [STRIKE]and 'proof of CCA' letter[/STRIKE]. Edited as there is no official credit agreement for an overdraft...

[Deleted User]

No need for a prove it.

OP has already admitted they owe it in their first post

Willing2Learn

!!! wrote: »

No need for a prove it.

OP has already admitted they owe it in their first post

I realise that. It does however, slow down the clock...

welly_59 wrote: »

I have never contacted the bank in regards to this debt, or made any payments to it, although i do use another account with them on a daily basis.

If you have another bank account with the same creditor, then they would have the right to set off the amount due by taking money out of your current daily use account to repay and settle the debt. Statute barred is irrelevant when it comes to the setting off rules.

https://www.moneysavingexpert.com/banking/setting-off/

[Deleted User]

Slow down the clock on a debt someone legitimately owes?

PixelPound

I think because of how the OP phrased the question they are hoping SB or a way to make it SB.

DCA's are well versed in avoidance tactics, the letter received is the assignment letter, they will then send a PAP letter.

It does seem rather short notice for the company doing it now, if there has been no acknowledgement/payment since default date because they will need to send the PAP and give 30 days before they can issue a claim.

welly_59

!!! wrote: »

Slow down the clock on a debt someone legitimately owes?

Yes. And no need to respond with a lesson in corporate morality thank you

welly_59

Willing2Learn wrote: »

I realise that. It does however, slow down the clock...

If you have another bank account with the same creditor, then they would have the right to set off the amount due by taking money out of your current daily use account to repay and settle the debt. Statute barred is irrelevant when it comes to the setting off rules.

https://www.moneysavingexpert.com/banking/setting-off/

I do have a number of accounts I could use with different institutions if it came to it. I can’t see setting off occuring now though as the debt is no longer owned by the bank. They sold it off years ago to the DCA

[Deleted User]

Well you came for advice.

You owe the debt. You know it’s legitimate. So pay it.