overdraft debt

[SStevens]

Hi

 

Received a couple of letters from an old bank loan via DCAs, both letters had very different amounts on, I can only therefore assume the other is for an overdraft I genuinely cant remember.

 

Can overdrafts become SB also. I'm a lttle confused!

 

Thanks

 

SY

[royalscot]

Hi , very much so , it is classed as a debt

 

How old is the debt and were you Defaulted on this debt

 

regards

 

rs

[SStevens]

Hi

 

Thanks for the quick response. This debt is nearly 6 years old. I didn't keep all my mail from DCAs back then so unsure when it was defaulted.

 

I thought the SB clock starts from the date of the last missed payment and not the default date?

 

Cheers

SY

[royalscot]

Hi

 

Thanks for the quick response. This debt is nearly 6 years old. I didn't keep all my mail from DCAs back then so unsure when it was defaulted.

 

I thought the SB clock starts from the date of the last missed payment and not the default date?

 

 

The clock starts from the default date listed on your Credit File .

 

You are givin 14 days to remedy this default from the initial default notice

 

Default has to be registered with the CRA `S within the guidlines

 

regards

 

rs

[maroondevo52]

Hi, SStevens.

 

The default date will have no bearing on the statute barred start date or status of a debt.

 

The Statute barred date starts as of the date of the last payment made or the last time you wrote acknowledging the debt.

 

Regards.

 

Scott.

[royalscot]

Hi

 

Thanks for the quick response. This debt is nearly 6 years old. I didn't keep all my mail from DCAs back then so unsure when it was defaulted.

 

I thought the SB clock starts from the date of the last missed payment and not the default date?

 

 

The clock starts from the default date listed on your Credit File .

 

You are givin 14 days to remedy this default from the initial default notice

 

Default has to be registered with the CRA `S within the guidlines

 

regards

 

rs

 

Sorry ss I stand corrected it is indeed from the last payment or last acknowledgement ( not spoken ) of the debt

 

 

Thanks scott

 

regards

 

rs

[maroondevo52]

 

Sorry ss I stand corrected it is indeed from the last payment or last acknowledgement ( not spoken ) of the debt

 

 

Thanks scott

 

regards

 

rs

 

No problem, forgot to say, it may not be Statute Barred if there's a CCJ against it.

[royalscot]

Understand where i went wrong ..got confused with Statute Barred and Default Date.

 

1. Statute Barred ....If you make a payment within a six year period you start the clock running again , once the six years are up , making a payment does not start the clock again - the debt is statute barred for all time and therefore cannot be Legally challenged .

 

In law , a limitation period is not extended by contact , it is only extended by payment or by written and signed acknowledgement of the debt . Spoken acknowledgement is not sufficient

 

Please note that in Scottish law it is Statute Barred after five years .

 

 

 

2. Default date ... A Default shown on your Credit File will remain there for six years from when the Default Date started .

 

Sorry for the mix up

 

 

regards

 

rs

 

 

ps gutted we lost Webster , dunno what walter smith was thinking about