Statute Barred Debt and Credit Reference Agencies

[shannyla]

So, the Clowns of Leeds have actually manged to find a CCA for a twenty year old Barclaycard debt, what were the chances?

My question is this. Obviously the debt is ridiculously statute barred, and I'm quite prepared to tell them to stick it. Its for a fairly trivial sum of £150, trivial for me that is and I understand that many people on this forum are in serious financial straits, but the point is that I could easily pay it. I'm choosing not to. What I'm concerned about is a default being placed on my credit history, as I have a mortgage coming to the end of its discount period in October and could do with my credit history staying as clean as it is right now.

What rights or otherwise does a DCA have to place a default on your credit reference? I suspect very little or more likely none but they probably do it anyway, in which case how difficult is it to have it removed? I haven't seen much discussion of this subject on this forum but I may well not have looked in the right sub-forum.

Any responses or experiences much appreciated.

[sillygirl1]

What does the CCA look like - if it said CCA 1974 they are definately taking the Michael, coz a 20 year old debt would be most unlikely to have a CCA from its inception - methinks a clear case of fraud here.

I'd take it to the FOS and see what they have to say.

Like you I don't believe a DCA has any right whatsoever to put a default or any kind of credit marker on your account, but they all do it and they should all be sued - but again it would take a test case to do it.

[shannyla]

What they've sent me is what looks like a fax or really bad photocopy, with my correct details on it, and a phrase at the top that the only legible part reads "Credit agreement regulated by the illegible illegible", my signature at the bottom and the signature on behalf of Barclaycard.

To all intents and purposes it is the 1989 equivalent of the CCA, but it is just a photocopy of a fax.

FOS?

[firstwithit]

Its my believe that they cannot add anything to a statute barred debt, so it will remain clear with the CRs, over 6 years they have blown it!