Debt over 6 years ago - is it statute barred?.. New letters from DCA's a visit!

[CheesyOff]

Hi,

I know for sure I've not made ANY payments on a debt for over 6 years.

Partly because I lived abroad from 2005 to 2010 and because since to UK I returned I've not made any.

 

However,

DCA's are writing to me, at my parent's address (where I live) and one came to my parents house last week

- I spoke to him outside the house,

said I was unemployed and had no income,

and that I was not even receiving Job Seekers Allowance,

he said he would come back in a couple weeks

- I never acknowledged the debt to him.

 

I am an unemployed student, so I do not have any money to pay the debts off.

I've not done a credit check on myself in many years,

do I need to do a check to see if this debt is Statute Barred?

 

If I do,

will if flag me or cause me problems?

The debt is in my married name,

I no longer have that name as I am divorced.

I do not want to cause my parents any trouble and do not wish them to know about this debt.

 

I do not want any more visits from DCA's so I think I will need to write to them..I've never written to them before.

 

Surely, as this debt as it is over 6 years and I've made no payments, not written to them is Statute Barred?

I definitely need some advice before I write to them

.. Help..

Edited August 13, 2012 by citizenB
formatting

[Bazooka Boo]

Yes it sounds very much like this is SB, if the trespasser does come back in a couple of weeks, tell them to clear off or you'll call the police and have them escorted off the property.

 

http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT

 

Check your credit file too.

[havinastella]

Yes, it will be Stat barred. There is a letter in the Library

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

If they turn up again give him this

 

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

 

 

Jogs

[padja]

First to stop the DCA visit there is a letter in the library section of forum that stops all visits from DCA

he has no right to visit you and you certainly shouldn't engage with him.

 

Just check your credit file if there is nothing on it

then again there is a letter in library to state its statute barred to DCA.

 

Dont ring them, certainly dont speak to them on doorstep just shut the door on them if they turn up again but print out an extra copy of the doorstep visit to give to him.

[CheesyOff]

My goodness that was a fast reply!

thank you very much.

. I'm worrying about all this.

 

If I check on credit file will it cause any negative attention to me?

Do I need to write to the DCA if this is SB?

[havinastella]

see posts 2 and 3!

[CheesyOff]

Thank you for your help.. I will do as you say.

[Bazooka Boo]

Checking your credit files will NOT attract unwanted attention.

 

Sending them the SB letter Jogs posted will need to go to the DCA yes. Send it 2nd class post and obtain 'proof of posting' from the PO counter which is free.

[CheesyOff]

Sorry I back again..

Is there any particular company I should do the credit check with?

are they all the same?

Or are any better than others?

been a L-O-N-G time since I did anything like this..

thanks again..

I might be able to sleep tonight, as this has been on mind.

[citizenB]

There are 3 main credit reference agencies. You can either write and enclose a postal order for £2.00 - each or you can do this online.

 

IMHO, you should simply send the statute barred letter to the original creditor and the DCA and then let them prove otherwise.

 

 

 

 

Company Secretary

Equifax Limited

Capital House

25 Chapel Street

London

NW1 5DS

 

 

Company Secretary

Experian Limited

Talbot House

Talbot Street

Nottingham

NG80 1TH

 

 

Company Secretary

CallCredit Limited

1, Park Lane,

LEEDS

West Yorkshire

LS3 1EP

[citizenB]

Oh, you should send the SB letter by either recorded or special delivery mail and keep the receipt as proof - check the RM website a few days after sending in order to make sure that the letter has been received.

[CheesyOff]

Thank you Citizen B, So I need to send a letter to both.. I'm not sure I have the details of the original creditor - First Direct (I moved abroad for 5 years so I lost most of my documents)

[citizenB]

Just send it to the DCA then

[CheesyOff]

I just did an Experian credit check online there is no record.

. that I can see of debts is this due to the debt being in what was my married name?

as they seem to have hardly any history of me, only since I returned to UK in 2010

[dx100uk]

does the cra file state or know your alias

and all your previous uk addreses?

dx

[CheesyOff]

No it doesn't have them.. My name change was done legally due to me getting divorced, and I have been on the electoral roll here in UK for 2 years, before that I lived abroad for 5 years. The debt is in my married name.

[dx100uk]

then you need to contact the cra and get the files linked

 

 

there could be data held in another file that has yet to be linked.

 

dx

[CheesyOff]

Hmmm, that could be opening a whole new can of worms, surely?

 

Linking the 2 together is of no benefit to me at all..

 

Its not as if I've hidden who I am, as I've done everything legal and its no a new thing for women to change back to their maiden name.

 

I know you can only advise, but I think that will just cause problems.

 

Could I not possibly do a search on CRA separately under my married name?

 

Otherwise I think I may just send the SB letter to the DCA, because surely if they had a legal leg to stand on they would've taken me to court by now. or threatened all sorts.

 

I don't really want to risk messing up my credit score - which is currently saying I'm good.

[dx100uk]

what is the debt?

 

dx

[CheesyOff]

It was for a Credit Card - I got this mess, way back due to my ex-husband, & job redundancy at the time.. way back in 2004.. at that time we'd separated, and he was being difficult to get hold of, for payments to our mortgage, and child maintenance.. I managed the mortgage just about.. but the Credit Card debt was just too much.. then 2005 I changed my name, and all my documents before leaving UK.. I always kept a UK address though with my parents.. I returned in 2010 to my parents address.

[dx100uk]

then the debt will be 99% PENALTY fees i bet

aND P'HAPS ppi TOO.

 

they'll go no where near a court

 

hence why the OC has done nothing themselves

 

time to forget about it.

 

unless you fancy a ppi reclaim?

 

dx

[CheesyOff]

To be honest, I just want to put my past behind me.

I know I'm broke, as I've been studying for a new career new life and any money would be handy.

. but I've had some traumatic times and I am getting myself back together.

 

Not sure, I could deal with PPI claims just yet.

Knowing they can't legally do anything to me,

and that I have fresh credit report has made me feel better.

 

I hoping once the DCA receives the recorded delivery letter.

. they will slowly give up.

[CheesyOff]

OK, current state of play I sent the letter off today to the DCA recorded delivery.

 

I've been checking my CRA, and 1st one was fine,

2nd one I found my ex husband on with his old debt that is settled.

 

So I have written a correction to say I am divorced no longer associated with him and that debt solely his and he acknowledged that.

 

However I find something else on there a miniscule default of £42 from 2007 from an old store card of mine.

 

I wish to get this removed, I can afford to pay it in full.

. how do go about sorting this in swiftest way?

 

Also Equifax I have been unable to get access online despite filling out the online registration..

they seem to stop the process (think its because I effectively disappeared for 5 years when I lived abroad

- (shakes head in dis-belief, that living in an another EU country is something odd?)

[maroondevo52]

However I find something else on there a miniscule default of £42 from 2007 from an old store card of mine. I wish to get this removed, I can afford to pay it in full.. how do go about sorting this in swiftest way?

 

Hi,

 

If this default was placed correctly at the time I can't see you getting it removed, unless you go down the default amount was solely charges, even then getting it shifted will be almost impossible.

Also paying it off, a defaults a default satisfied or not, don't think it would matter much.

[270545]

If the default is from 2007 then it will be off in a year. I would just leave it. If that is the only thing on your credit file it is probably time to start trying to rebuild a credit rating. A lot of companies will be more concerned that you have had no credit for so long rather than a small default