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Can An Overdraft Become Statute Barred?


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Last year I recieved a replacement debit card from an online only Alliance & Leicester account which I had long since stopped using. I cut it up and returned it requesting that the account be closed and any balance sent to me by cheque, I was expecting less than £1. What I got was a reply telling me that it could not be closed as there was an overdraft balance of around £100, although this is within the £250 authorised limit they want it repaid before closing the account. Because the balance is within allowed limits they'd never requested its repayment before.

 

I do not receive posted statements for the account, just e-mail reminders that my account is available to view. I also cannot remember when the last time I accessed the account was - I'd guess that it's about 7 years ago, it's certainly over 6 anyway - and I have requested this of Santander (who bought up A&L a while back) although they have not yet answered this request.

 

I genuinely cannot remember when I last used the account at all, and I genuinely cannot figure out how the account became overdrawn. I asked for details of the transaction(s) which took it from credit to debit balance, and again they have not responded - well they responded by sending me a printed statement for the last 6 months, not very useful when I'm looking for transactions from 6 years ago!

 

Would the last time I accessed the account be considered the last time the debt (if indeed there is one) was acknowledge? If so, assuming it was indeed over 5 years ago (the Scottish limit), could I reject it as statute barred? I was clear when I wrote to them that the requests I made were not an acknowledgement of any debt.

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your last financial transaction would be the date.

 

and yep sb'ed then.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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