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Statute Barred Debts?? Natwest CC


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Hi All,

 

I have a Natwest credit card debt which i defaulted on 6/10/05, i have had various DCA chase it up but i CCA'd natwest some years ago and they never produced, i just keep informing the new DCA of this and ignore.

 

Its been about 2 years since i heard anything at all, but am i right in thinking that as the debt was defaulted 6 yearts ago today that it is Statute Barred?

 

I made 1 payment to a DCA very early in 2006 before i knew my rights, does that hamper the SB route if someone was to contact me or do i ask them to prove that i made a payment?

 

Any advice is welcome.

 

Olliepup.

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sb runs basically from YOUR last financial transaction

 

do this show on your CRA file?

 

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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HI dx,

 

CRA file? is this credit file? I'm with Credit Expert and i don't think the history goes back that far?

 

This debt has been passed from pillar to post, first DCA that chased it and i made one payment was Triton, since then it's been round loads.

 

So not sure if payment could be traced?

 

So if anyone was to contact me would it be worth saying this debt is 6 years old so SB unless they can prove otherwise?

 

Cheers.

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if its not on your CRA file it IS SB'ed

6yrs is the limit under statute of limitations law.

 

end off

 

forget them.

 

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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Sorry dx, yes the card debt is on the file but they only show last 2 years of payments or zeros in my case.

 

Is that what you meant?

 

I do have a Natwest loan that had a full agreement which i'm paying to Irwin Mitchell solicitors but that debt is not registered on my Credit file at all??

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then why are you paying it?

 

something fishy there 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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Hi Dx,

 

i have been paying the Natwest loan as they had an agreement which looked ok and were threatening court, anyway there is no record of the debt on the CRA so does that make it un enforceable?

 

I'm hoping to not hear from anyone again re the Credit card debt which hopefully is Statute barred.

 

Many thanks

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as in post 4

 

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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yep

 

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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so thats two you are not paying now?

 

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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Well i have payed another month of irwin mitchell , they have an agreement but threatened court action, but the account is not on file, so don't know how the courts would view that?

 

If you have been paying debts that are online do they remain on CRA after 6 years? as i have old car finance that had always been paid but now finished and just says satifactory.

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i'm really puzzled why you are paying debts that do not show on your CRA file

an 'agreement' means nothing if the debt is SB'ed .

 

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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A live account will stay on file

as long as it is in use and reported

on by the creditor in most cases,

however a defaulted account inactive

will be remove automatically paid or

not, a ''paid up'' account showing

as satisfactory will usually be removed

after 6 years, CIFAS & Gain may

remain longer.

 

Brig.

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Cheers for the info guys.

 

Dx im prob confusing things, ive never paid the natwest one which is now SB and gone off file, but i have a natwest loan which had an agreement and was threatened with court but that account is not on CRA file.

 

I have quite a few satifactory things on there now and the 2 biggest debts i had have been removed now.

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Hi Brig,

 

The Natwest loan i had is about 5 years old but i have been paying it monthly, there is a loan agreement but this loan is not on the CRA.

 

The natwest credit card has just turned 6 years old, no CCA so have only made one payment first month after default, but since turning 6 years old it has now been removed from CRA.

 

Things is would a court make you pay a debt with an agreement even though its not on CRA file?

 

Cheers olliepuip

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Hi Brig,

 

The Natwest loan i had is about 5 years old but i have been paying it monthly, there is a loan agreement but this loan is not on the CRA.

 

The natwest credit card has just turned 6 years old, no CCA so have only made one payment first month after default, but since turning 6 years old it has now been removed from CRA.

 

Things is would a court make you pay a debt with an agreement even though its not on CRA file?

 

Cheers olliepuip

There have to very pressing reasons for a creditor to attempt to

enforce a SB debt through the court and I doubt they would succeed

any and the costs would be high.

 

BRIG

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on the loan...

could there have been a period of 6yrs where by you paid nowt?

 

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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On the loan i have been paying it last two years regular, and had made token payments previous, that was to natwest but the last two years have been to Irwin Mitchell solicitors, They said it would be good to pay it as it's not on my file so i could get rid of the debt without harming my CRA.

 

The loan has never ever been on my CRA as i've subsribed to Credit Expert as long as i've been having trouble to keep an eye on things, initially got it as my bank said there was a massive debt on my file, it was my old mortgage as well as my current one.

 

I don't think the loan is SB as i have been paying it, puzzles me why it's never been on my file in the first place?

 

I had a big loan with first direct, i CCA them and when they couldn't follow up my request they took it off my file straight away.

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mitchells are NW pet solicitors anyhow......

 

ok well if its never been on your cra p'haps they never wanted anyone to see how they've stitched you up.

 

ok lave things there 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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Wonder if its worth challenging them on it?

 

I.e stop paying and see what happens and state its not on my file so i dont owe it?

 

They can't enter it on my file at this late stage?

 

Cheers for input.

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no they cant

but we are talking about a serious sum outstanding here going by post 21

 

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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The loan i am paying to IM has about 2 k left or just under.

 

The old mortgage debt was fully satisfied as the mortgage was settled, but was amazed to see it still on my file but being maintained as satisfied even when it was no longer active and i still got my current mortgage.

 

I spoke to Credit expert and they removed the old mortgage.

 

So total debt has been reduced from 31k total to about 6k on my file now with some final settlements and invalid CCA, mind i'm only paying the IM mitchell one which is around 2k and the egg banking which amounts to about 1800 quid, the others still havent produced CCA yet.

 

So i wonder if IM would pursue about 2k through the courts?

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