Hi All,

I've been reading the forums for the last few hours now and decided to register as it seems to be a very knowledgeable place...I hope you can help..

Long story short..... Finally acting like a responsible adult and trying to sort out my credit due to silly decisions and failed contracts in previous years. Anyways I now have access to my experian credit report which lists 2 defaults;

1) Clydesdale bank - They closed my current account due to an un authorized overdraft back in 2003, when i went to bank in a cheque for I was told my account was closed and that I had been sent a letter stating so - I never got a letter. Anyways I left it at that and cashed the cheque else where.

Question: Experian shows that I still owe them the overdraft amount & that a default is registered - Can anyone please advise me on the best course of action in dealing with this?

2) Black Horse Finance, for a car I had back in 2003 - default registered and showing an outstanding amount of around 13k.

Question: I have not had any contact with anyone from black horse or any debt companies regarding this outstanding amount, I have been reading about cca requests etc, but it all seems a bit confusing - can anyone advise on best course of action for dealing with this also?

I hope I'm not asking too much and I thank you all in advance for your much appreciated advice.

Thanks,

-Stu

I hate to say it if you do owe for the overdraft. I think you will have to pay it also the same for the Black Horse fnance for the car. If you did enter a contract to buy the car and did buy it you are still liable for the amount owing. I suggest you write to both companies and ask for a deal on how you can manage to pay something each month ands explain your circumstances. Best of luck anyway.

Not so fast Texel.

SMD, did the bank slap you with penalties? How much of the overdraft might have been made up of those charges if so? Might be worth SARing them to find out. Of course, that will mean you have initiated contact, and they will be interested in you again.

Similarly the car. Is that the true defaulted amount, or is there any other charges etc in there?

Seahorse you are right I was not thinking about the penalty charges they have to be returned probably the way we all get them back. Thanks for pointing things out:)

DON'T PAY!!!!

Your coming up to the 6 yr rule you can write them a nice letter like the one suggested by a Moderator:

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/136754-collection-company-wanting-paid.html

Personally, I wouldn’t and I'd be really surprised if the debt out weighs the charges.

If you admit to the debt in your past you’re cream cracked.

Just ignore it. Tell them to get stretched.

You will soon not be liable for a penny because of the age of the debt.

It is as simple as that.

The only danger comes from the increasing popular bank practice of……

Banks already hurt by people claiming there money back for unfair charges and the current credit crisis is seeing them selling on there liabilities to DCA’s sometimes for pennies.

Hundreds of thousands of debtors are facing the prospect of being hounded for money owed from years ago.

The surge in the amounts being sold on comes as the big banks wrote off £6.7bn in bad debts in 2006, according to the British Bankers Association. :lol:

However, contrary to what many people believe, 'writing off' debt does not mean that those who owe the money will no longer be chased for its repayment.

After 6 years of no contact with the creditor and if the creditor has not been paid any money then the debt becomes 'statute barred' meaning that the debt cannot be collected.

There is no such thing as debts being wiped away after 6 years, it still exists and if you make contact with the creditor by admitting you owe the money then the 6 year period will start from scratch again and they will legally be able to enforce the debt, but then only if they can prove the debt is yours.

DON’T BE A MUPPET

Hi smd, can you check your credit file and tell us the dates when these defaults were registered.

As you reside in Scotland the Limitation Act is 5 years not 6, this is only the case if you lived in Scotland at the time the contract for the car started.

Where you a resident in the UK during this time?

Hi All,

Thanks to all for your replies, ive been up to my eyes in things recently and had sort of put the debt aside, however, since updating my credit file it seems black horse have now instructed a DCA to collect from me.

Got a letter in yesterday that was posted on the 18th advising me that I had 7 days to pay full amount or a county court form will be served and any subsequent proceedings will take place at Kingston County Court, which will lead to a CCJ and a warrant of execution to reclaim the amount from me.

Can anyone advise how best I go about dealing with it? I'm in Scotland for a start, can an english court make judgments on someone living in Scotland?

BigMac;

My credit file shows the following for BlackHorse;

Started: 28/04/2003

Default Balance: £13,271

Current Balance: £13,271

Repayment Period: Monthly Payment £179 over 54months

Defaulted On: 19/01/2007

File updated for period to: 13/04/2008

So it looks like they only registered the default last year, the 5 year thing wont apply will it? :-S

I've got some money and I don't mind paying them something but I don't have £13K - I'm sure the car was only 9K if that.

What to do

Thanks in advance to everyone again.

-Stu

Not so fast Texel.

 

SMD, did the bank slap you with penalties? How much of the overdraft might have been made up of those charges if so? Might be worth SARing them to find out. Of course, that will mean you have initiated contact, and they will be interested in you again.

 

Similarly the car. Is that the true defaulted amount, or is there any other charges etc in there?

From what I remember Clydesdale hit me with a £40 charge for going over my £100 arranged overdraft.

I don't think the outstanding £13K for the car is right, i'm sure the car was only around 9k - maybe even less, but I don't have any of the paper work to check.

Thanks,

-Stu

Well after some digging about it turns out Ruthbridge Limited are quite well known on here.

Today I received a letter to The Occupier claiming 'Express Delivery' Notification, Please call 0208... blah which incidentally has the same reference number as the Ruthbridge letter I had received previously seeking the debt of 13K for Black Horse.

So it looks like my next course of action is a CCA ??

Thanks

-Stu