*newbie* Old Debt 2002 & credit report... Info/Help Needed. =O)

[Angelfish*Helen]

Hi,

 

I have never used these boards before but find the info on here amazing.

 

I have some old credit card/store card debt dating back to 2002 approx £8,000. {last paid a payment in July/August 2002} when I was 18 years old... I wrote to all of my creditors Several times in October/November & December 2002... All my letters asked them to write off the remaining debt due to my then situation {I was in prison - I committed theft to pay the off the other half of the debt approx £11,000}... I know Very Stupid & Young... But I paid for my mistake and have returned to my 'normal' life of work & home... Hoping my past would stay behind me.

 

Two companies 'wrote off' the debt... the rest MBNA, Barclays & Natwest... Didn't even bother to reply, nor have I heard from them since... So I stupidly presumed they had been 'written off'... Although I have moved so this could be my fault.

 

I have been told that December 2002 is the last letter I sent them or contacted them SO is the last time I ''admitted'' owing them any money.

 

You see I have not obtained any credit since 2002 and have now saved enough for a deposit on a mortgage, and do not want my past, young, stupid mistakes coming back to haunt me.

 

So my questions are:

 

1. Can they now after 6 years since I last wrote to them, chase for the money..?

 

2. Will these debts or anything relating to them still appear on my credit file..?

 

3. Can these companies, I owed money to, access my credit file to find my current address, even though I have not given them any permissions to do so..?

 

You see I'm scared to ask for my credit report as I will need to give my new address & do not want to do this encase these companies can access the information and get my new address.

 

Thanks in advance. xXx

[ben1305]

Hi Helen,

ANY debt which you have not admitted liability for and have not paid anything towards for over 6 years is statute barred. They cannot legally chase you for these debts (although the debts still exist).

 

The only way you will find out if you have anything negative on your credit file is to obtain a copy of it from a CRA.

 

It does not matter if they get your new address they still cannot chase you for statute barred debts

[danukindebt]

Standard template letter to fire at anyone asking for payment on debts over 6 years old

1 High Street,

Newtown,

Kent

R21 4RH

Date

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

 

Dear Sir/Madam

 

Account No:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

 

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

 

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

 

Mrs IVona Pea

[Angelfish*Helen]

Thank you both..!

 

... So am I right in thinking that the defaults they registered {they would have} would now be gone from my credit file..? Do they just 'drop off' after 6 years..?

 

Thanks Again..!

 

xXx

[danukindebt]

yes, but as ben says you need to check your file, should be off if not you can complain and they remove

[Angelfish*Helen]

Thank You..!! xXx