Credit card "In Default" but not with lender

SusieT

ratherbesimracing said:

This is how is currently looking.  

But,  Barclaycard is recorded as "Closed" on the clearscore.  But it is showing as open against Hoist.  So am i right in thinking that if the debt is SB with BC then its SB for H as well.  

If/when it is SB then that is final, provided of course that you have not admitted it or paid naything to Hoist either.

sourcrates

SusieT said:

ratherbesimracing said:

SusieT said:

ratherbesimracing said:

Sounds like poking the beast to me, it's taken me this long to get back on track so to speak and it wiuld mentally and financially really be a step backwards. 

By the sound of it though, unless I can convince barclaycard they "should" have defaulted it in 2015 I'm going to have a hard time getting struck off 

When did you last actually pay, or acknowledge the debt? From your opening post it does not sound as if you have had any contact or payment for nearly 6 years...

That's correct, 2015 was the last time I paid or acknowledged the debt, no further contact with them

Then it sounds very much as if it is close to being Statute Barred. Were it me, I would not be making any sort of contact until at least 3 months after the SB date 

Yes looking at the OP`s first post again, I tend to agree with the above, I`d let sleeping dogs lie.

OP, just for your information, when people mention a debt being "statute barred" they are referring to section 5, of the Limitation Act 1980.

Creditors in England & Wales have 6 years to chase debtors for payment of a debt, if 6 years pass, without payment or written acknowledgement by the debtor, then most simple contract debts become statute barred, in simplistic terms, this means that a creditor cannot take legal action to recover the debt.

The debt still exists, they can still ask you to pay it, but they cannot take you to court to force you to pay it.
Doesn't matter who owns the debt, or how many times it has been sold, the clock keeps ticking down until 6 years have been and gone, once statute barred, it`s always statute barred, it can never be unbarred.

In Scotland, the law is slightly different, they use the "The Prescription and Limitation (Scotland) Act 1973", a debt there is extinguished in law after 5 years, and will no longer exist, so cannot be chased, you must use a Scottish law template letter to use the act in Scotland. 

Now in order to use section 5 as a defence or as an argument for non payment, in England and Wales, you must write to your creditor and tell them the debt they are chasing is SB, you do this by using one of the many available template letters the web has to offer, the best of which can be found either on this site or the National Debtline website.

But, and its a big but, you must be sure of your dates, better to wait until you are certain 6 years have passed, before you send that letter, for your own protection, oh, and don`t be at all surprised if they come back and say its not SB, and provide you with a print out of a £1 payment, a few months before it would have gone SB, it`s very common for debt purchasing companies to, lets say, alter the truth somewhat, ask them for proof of where this payment came from, and for the most part, they won`t be able to provide any, or they may say it was an "internal payment", non of that matters, only payments made by you or your agent, matter.

On most occasions they will normally accept your reasoning, and in most cases collection activity will stop, and you won`t hear from them again, occasionally they may put up a fight, but as long as your sure of your position, you can usually win through, but, as said before, you must be sure of your dates.