Barclays Debt Confusion. HELP!!!

MudBlood

Hi There

Just a query.

I leant my mother ( AKA The Witch!) some money back in 1999, she failed to pay this back and left me owing Barclays about £1000. In 2001 a payment plan was created however, I couldn’t stick to this and defaulted the plan. They defaulted my account back on the 7/08/2001 with a termination notice in accordance with section 76(1) and 98(1). I have an envelope containing paperwork with regards to a Barclays resolve protection scheme that I can only assume came with a Barclays loan to cover my defaulted payments dated 15/10/01, however I was going through serious troubles at this time and can only assume this was setup to cover the amount owed on the defaulted account? I entered a claim against the protection scheme on the 31st of July 2002 which was promptly refused! NO surprise there!!! .

In 2003 i was approached by a DCA and a plan was agreed however in late 2003. I unavoidable defaulted on this as we moved, I emailed my new details to them but haven’t heard anything from them since.

What i would like to know is that this debt hasn’t been registered with Experian who where the only ones i have checked, no CCJ's are made against me nor have been received. However they might have been registered with others. I want to know if I am free from this debt this year having been over 6 years since I was first defaulted by Barclays in 2001 or will it be 2010, some 6 years since my last payment to the DCA?

Thanks in Advance.
Muds

MudBlood

anyone? can anyone help?

fermi

MudBlood wrote: »

anyone? can anyone help?

A defaulted account is removed from your Credit Reference Files 6 years from the initial default date.

The Limitation Act 1980 allows a debt to become "Statute Barred" if in a period of 6 years you have not acknowledged the debt in writing or by making a payment.

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

A creditor is not allowed to take action through the courts to recover a debt once it is "Statute Barred".

From the information in your post, any default would have been removed from your credit reference files in August 2007, and the debt will become "Statute Barred" in 2010 if you have not acknowledged it in the meantime.

Hope that helps.

RAS

Mudblood

To be statute barred, the relevant date is 6 years frommthe date of the last payment or written acknowledgement of the debt in England and Wales, five years in Scotland.

So you paid in late 2003, the relevant date is late 2009 (or late 2008 in Scotland).

MudBlood

Hi

Thanks for the reply. So as i see it, My defaulted account from Barclays would have been wiped from my records back in 2007, so i dont have to worry about Barclays. BUT, because it got passed to a DCA and i made a payment back in 2003 the DCA have another 18 months or so in which to find me and hang me out to dry before this debt becomes "barred". And therefore even though i have already done 6 years with Barclays it will still be on my credit report that im still in default? because the DCA havent written the debt off yet?

Im wanting to move on with my life, but im so scared to even ask for credit even though it would make life easier incase they find me as i know that the original debt will have increased dramatically to a debt that would bancrupt me.

COL

fermi

MudBlood wrote: »

And therefore even though i have already done 6 years with Barclays it will still be on my credit report that im still in default? because the DCA havent written the debt off yet?

No. A debt can (or should) only be defaulted on your credit records once, and that will stay on for 6 years.

If a DCA buys the debt, they are allowed to change the name the money is owed to on the default and update it to show how much is owing, BUT they are not entitled to keep it on your credit report any longer.

So it should have gone by now either way if the original default was back in 2001.

A DCA is very very unlikely to want to bankrupt you. They would have to pay probably over £1,000 in court and legal fees up front, and they wouldn't even have any guarantee of getting those fees back let alone the original debt. DCA's like to threaten all sorts of horrible things to scare people into paying.

MudBlood

Ok

SO im debt free, in my credit report sense. I dont have it registered at experian as ive already checked that and boy was i nervous.

I can now go to the other credit agency and ask for my report, BUT can you clarify that if i have updated my name and address with experian will they pass this updated informatoin to the other agencys, or will the other agency wait until i supply them with my uptodate details and then publish them so the DCA can track me down??

Do i risk it or do i just keep quiet for another 18 months, dont go and check out my credit?? and just stay below the radar so to speak.

It wasnt my flammin debt and i aint seen the old witch for yrs now.

fermi

There is a chance that checking your credit records could enable the DCA to find your new address.

This is because the original debt effectively gives them permission to look at your file that has your old details.
If you then get your report and give the Credit Reference Agency (CRA) your new address and your old one, then the CRA will link the two sets of records together meaning the next time the DCA check your old records they will see the new address.

There is also a system called the Gone Away Information Network (GAIN) which means if a creditor marks your old file with a GAIN notice, they will automatically be notified if the CRA obtains a new address for you.

MudBlood

So thats it then.

I clear one hurdle and face another. I have a clean record but cant use it for another 18 months unless i want the risk of being hounded by the DCA.

Decision made.

Thanks for your help

Col

MudBlood

I THINK IM IN TROUBLE.

Before i was aware of what debt i was in I registered on the electrol roll to get my credit score up with experian.

We moved house and that was that i was to busy to relist on the register. Anyway when i sat down i realised that i was traceable for my mothers debt.

Cards came through the post at my new address for voting today even though i didnt register on the role at my new address.

Does this mean what i think it means and my credit scoring will be updated with my new address details?

MudBlood

Anyone here?