A 220 page introduction to all things consumer related by our own BankFodder.
Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.
Cagger since : Apr 2009
Posts : 114 (0.04 post per day)
Store Card / Credit Card Debt almost Statute Barred, BUT
I had a store card with a major chain of stores in the UK, the store card was changed into a credit card some years later, I hit hard times, moved abroad, gave up on on trying to maintain payments and defaulted on the card.
The debt has been passed from DCA to DCA and I gone into head in the sand mode, and ignored all communication, I still live out of the EU.
As well as having the cc with the retailer I had a personal loan them which was used to buy a car, when I left the UK my ex needed a car so I allowed her to keep my car that was being paid for from the loan and and she would carry on with the payments. We kept the loan in my name.
She carried on making the payments but overpaid the last payment by £30, the company advised me that there had been an overpayment but instead of refunding it they credited it to my, now defaulted, credit card account.
I fear that this may have re-set the statute barred clock by three years.
I am reluctant to ask them as they haven't been in touch for a year or so, and neither have their DCA's, I'm inclined to let sleeping dogs lie.
Cagger since : Feb 2012
Posts : 991 (0.60 post per day)
Re: Store Card / Credit Card Debt almost Statute Barred, BUT
1. The store card being changed to a credit card may actually have invalidated any debt given a recent case in which Santander failed as plaintiff with a Harrods store card that failed to comply with the CCA when upped to a credit card. Look it up - I am on my phone.
2. You did not make the payment so while it should be fine you may find attempts to do as you fear - to pre-empt chancers it might make sense to tell the car finanace people that account is in dispute and see if they can cancel and repay it. I openly have no idea if this can be done, but am sure others will correct me if I'm wrong.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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