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SF!

Old(ish) debt - advice required

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Hi, I wonder if anyone can help me. I'll try to give as much info here as possible, without posting everything.

 

I live in Scotland, am Scottish and have always lived here. I have been working for a year now, and before that studying for four years. Before that there was a period of sickness (between 6 month to a year).

 

I owed some money to two companies. I paid company B sometime in the past 5 year, and they show up on my experian report as:

Current Balance : £2,152

Defaulted On : 30/04/2004

This is what was agreed.

 

However, company A still continue to send letters to my old address, where they are posted back with "no longer at this address." I don't think that I have paid company A a penny during the time that I have been studying (so over 5 years ago), or acknowledged the debt. I remember paying them £1 per week for a short period of time, but cannot remember how long ago this was though. I also cannot find this debt on my experian report (the report I have is around 5 month old). There are a few entries with this company, where things had been defaulted and juggled. These are dated:

Repayment Period: Monthly Payment: £230 over 60 months

Settled On : 26/09/2003

 

Repayment Period: Monthly Payment: £135 over 76 months

Settled On : 01/09/2004

 

Default Balance : £2,245

Current Balance : Satisfied

Defaulted On : 29/04/2004

 

These are all the entries on this report for company A. I know that they have been chasing me for £x, but that figure does not show on my report at all. Is this debt likely to be behind me now?

 

Appreciate any helpful replies :)

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Hello and Welcome, SF.

 

If no acknowledgement or payment has been made, the debt will be Statute Barred...........

 

Law relating to debts: statute-barred debts

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

* in simple contracts (credit cards, loans, etc.), 6 years

* in contracts under seal (mortgages), 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

 

 

Letter 'M' in the library..............

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send recorded.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Hello and Welcome, SF.

 

If no acknowledgement or payment has been made, the debt will be Statute Barred...........

 

Law relating to debts: statute-barred debts

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

* in simple contracts (credit cards, loans, etc.), 6 years

* in contracts under seal (mortgages), 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

 

 

Letter 'M' in the library..............

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send recorded.

 

Regards.

 

Scott.

Thank you so much for your advice. It gave me the confidence to agree to review my accounts in the bank today. Now, I applied for a new account around 6 month ago and got rejected. Today, credit check came back as fine. Now I have a proper current account, with overdraft facility and a visa debit card.

 

I was told in the bank that this will help my credit rating. How long before I could get a mortgage do you think? I have just signed a 1 year lease for a flat and will want a mortgage after that I think.

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Hi, SF.

 

Good stuff, glad things are looking better for you, sorry, I'm not sure about how long before you will be ok for a mortgage, you might be ok now.

 

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi, SF.

 

Good stuff, glad things are looking better for you, sorry, I'm not sure about how long before you will be ok for a mortgage, you might be ok now.

 

 

Regards.

 

Scott.

Thanks. Yeah, I did wonder about that. Either way, it will be a year before I apply for one, so fingers crossed.

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i am the same but watiing until next year to apply for a mortgage ( ccj waiting to drop of at xmas)

 

ida x


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Hmm, bit worried now. Someone turned up at my parents house looking for me. They are from a new debt collection agency that have not been in touch before. They basically called my Mum a liar when she told them that she does not know my new address (she doesn't, as I only moved 2 weeks ago). They left threatening "we will find him you know."

 

Does this mean that the debt is less than 5 year since default? I am convinced it must be over 5 year. Any way I can find out for sure?

 

If it is less than 5 year, I cannot understand why I managed to get a new bank account recently (all previous attempts have been declined) with a no questions asked £200 available overdraft and a visa debit card (previously, my old account would only let me get an electron card). Also, why is there no mention of the debt on my Experian report?

 

I've also made the mistake of giving my bank my new address (my bank is HBOS, the company I originally owed was Lloyds TSB, Lloyds now own HBOS, does this mean that LTSB now have access to all my current details, how much cash I have, where I live, etc?)

 

I will really appreciate any help anyone can give me. Thanks in advance.

Edited by SF!

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have you checked your credit file lately?

 

ida x


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have you checked your credit file lately?

 

ida x

Not for a few month. Will do though.

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It would be better to open a new account with a bank not owned by the Loyds group.

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It would be better to open a new account with a bank not owned by the Loyds group.

and using which address, or does it not matter?

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and using which address, or does it not matter?[/quote Use your own address.

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I don't get this... First Credit have started hassling me about this again. They turned up at my parents' house and called my Mum a liar when she said that she did not have my new address (she actually didn't have it), they have started calling my mobile again (they won't get an answer as I regularly screen any calls not in my phonebook or withheld) and writing to my parents' address.

 

I am sure that this debt should be statute barred by now... is there any way I can find out any information on this?

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you can send a letter to 1st credit as advised earlier by scott and wait on their repsonse.. it would be up to them to prove it is not

 

ida x


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you can send a letter to 1st credit as advised earlier by scott and wait on their repsonse.. it would be up to them to prove it is not

 

ida x

Thanks. Bit worried about writing to them... really would rather have no contact with them.

 

Recent credit report today doesn't show much at all. Only thing relating to Lloyds on there is this:

 

Account type: Credit card / Store card

Special Instruction Indicator: Partial Settlement

Special Instruction Start Date: 01/03/2007

Started: 01/06/2000

Default Balance : £2,245

Current Balance : Satisfied

Defaulted On : 29/04/2004

File Updated for the Period to: 18/03/2007

 

It is around £8,000 that First Credit are looking for. The above would have been one of two agreements at roughly the same time, but there is no other mention of Lloyds on the report. Also... where do they get the special instruction date from? That seems a bit strange. Have they just thrown the two together as one debt maybe?

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Hmm... got a letter sent to my new address asking me to confirm whether or not it is me. Oh dear!

 

Should I ignore it until they send me something more directly relating to the debt and at that point send the letter at the top of this page:http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/171589-any-way-finding-out.html ?

Edited by SF!

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yes


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Just an update, in case anyone is interested. Not heard from anyone about this for about 6 month now. Went to see if I could get a mortgage, out of curiosity and was told that my credit rating is OK. Looks like it is all behind me :)

 

Thanks for everyone's help and advice.

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Sounds good, SF!, give us a shout if they crawl back out of the woodwork.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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