overdraft and statute barred

[postit]

Hi folks, been trying to clean up my credit file this year and have recent copies of all of them. I had two overdrafts years ago (they were joint accounts but after a horrendous relationship I put them in my name just to get away) and then I lost my job and had no payments going in. One of the banks recalled the od in June 2005 and requested full and immediate repayment, and the other in August 2005 (amazingly I found the letters from the bank confirming this the other day).

 

I have seen on my credit file that both are listed with defaults at the beginning of Sept 2005 (even though the first bank requested repayment in June). I have suddenly been receiving lots of DCA letters about these accounts and I am scared they might issue a CCJ by default in the next few weeks

 

My question is: if the banks recalled the OD and demanded repayment in June/Aug 2005 would this not count as the default date, and not the date listed on the credit report, in which case both are statute barred? There is no way I could afford to repay even token payments at the moment and I am petrified of it happening.

 

I just want to know so I can be prepared if or when I do get CCJ papers or even to send them a statute barred letter now.

 

Thanks

[saintly_1]

When did you last make any payment or acknowledge the debt ? If it was more than 6 yrs ago then it is statute barred

[postit]

The last payments into the accounts were around April 2005 as that is when i lost my job. I was told by someone who works for a bank that statute barred time for overdrafts doesn't start until the bank recalls the facility - is this not right?

[BRIGADIER2JCS]

You need to get that date substantiated, did you make

any written acknowledgement of the debts after the last

payments were made, if so when?

[postit]

No, never. In fact until the past few months I have had no letters from either bank or DCAs since late 2005. I didn't reply to anything and there are no CCjs at the addresses I have lived at.

 

I can't remember the last time I spoke to either bank but I am certain it will have been early 2005, after I lost my job I stuck my head in the sand and just ignored them and opened a basic account elsewhere for my JSA.

[BRIGADIER2JCS]

Phone call are of no consequence as it must

be written acknowledgement, to be sure

collate all the info you have and double check.

I would ignore the DCA's for now.

Let us know who they are as we will probably

know what tactics they use.

 

Brig.

[postit]

One was Aktiv capital and the other I think is Lowell.

 

I say think because I have just checked my file online and one of the accounts has disappeared from my credit report It was on there last week and had a latest default date in September. Why would this suddenly happen?

[BRIGADIER2JCS]

Was this just an update to the entry, there can only ever

be one default on a debt, if it's dropped of it must

be over six years old.

 

Brig.

[postit]

I've just looked at the last report (from last week) and it is there and the date defaulted is "15 September 2005". Now there it does not appear at all. I thought it wouldn't disappear until after 15 Sept this year? I think I'm getting paranoid because of reading so many dirty tricks by the DCAs. I hope it doesn't reappear with a new date!

[BRIGADIER2JCS]

It maybe that the creditor/DCA has had it removed due

to the date of the last payment.

Brig

[postit]

Ok thanks for your help.

 

If I receive any more letters about these accounts do you suggest I send the SB letters I have seen around these posts?

[BRIGADIER2JCS]

Yes, or ignore and play silly Bu**ers until they get stroppy

then send it:madgrin:

 

Brig.

[postit]

Ok thanks for your help... I feel a lot better!

[BRIGADIER2JCS]

No problems.

[postit]

I've spent the last few hours on here looking into this! Just before I go again (and to make me fell really better) if I do get a summons in the next month or so before the default date for the account that remains on my file, will I be able to defend against it at that point to the court? Part of me is wondering whether to send them a 'prove it' letter to stall the process for a few weeks until the default date passes!

 

I really need to stop worrying about this!

[havinastella]

I've spent the last few hours on here looking into this! Just before I go again (and to make me fell really better) if I do get a summons in the next month or so before the default date for the account that remains on my file, will I be able to defend against it at that point to the court? Part of me is wondering whether to send them a 'prove it' letter to stall the process for a few weeks until the default date passes!

 

I really need to stop worrying about this!

 

 

IF you get Court papers and your last payment was April 2005, the Stat Barred is a FULL defence!

 

Jogs

[BRIGADIER2JCS]

Once it's dropped of the files they would be wasting there time

and money, and a judge would want to know why the had waited

6 years to take action.

Who are the DCA's chasing the debt now?

[postit]

The remaining account is with Aktiv Kapital. Its default date was 05 September 2005 but no payments or acknowledgement since April 2005.

[BRIGADIER2JCS]

They are Bu**ered then no chance any

contact off with the SB letter.

Sit back and play them along if they try anything.

It's as said the last payment or acknowledgement

that starts the clock.

Brig.

[postit]

Ok thanks... mind at rest. I'll come back on this only if I do ever receive any summons and I'll send the SB letter if they keep harassing me.

 

Thanks:-D

[BRIGADIER2JCS]

It is simple just believe YOU ARE IN CHARGE,

not some manky oik in a DCA office.

[la2011]

i have been having a similar problem to this and keep resding conflicting info.

Does anyone know for sure if an overdraft becomes statute barred 6 years after the last date that you paid money into the account or 6 years from the date that the bank recall the overdraft and demand payment?

[BRIGADIER2JCS]

Overdrafts and current accounts are not covered

by the CCA 1974, but any debt that has had no

payment or written acknowledgmen in 6 clear years

will be come Statute Barred (5 years in Scotland when the debt is actually extinguished)

in England and Wales the debt remains recoverable but

judgement cannot be enforced in court.

The OFT Guiadance 2003/2011 states ''that it is unfair to continue to

press for payment of a statute barred debt once the debtor has

informed the creditor that the debt is SB and they will not be paying''

 

Brig.

[la2011]

thanks...so that would mean the last time i made a deposit into my current account for which the overdraft relates will be the date the clock starts ticking on 6 years?

[BRIGADIER2JCS]

I month from that date in reality because the time

is based on the date of the last delinquent payment ie the

missed payment that is the cause of action == placing

the default on file.