Statute Barred Accounts on Credit Files?

[citizenB]

You shouldn't "threaten" anything. If you are not going to follow through with any "threats" - don't make them. Not only does it make you a laughing stock, it allows them not to take the next person seriously.

[BRIGADIER2JCS]

Calm down Charlie!

As CB says approach this by way of an appeal for goodwill.

[charharp]

Ok thanks guys, threaten was the wrong word. I must have been very tired last night.

[charharp]

They said I accepted and paid for the phone but gave me the email address for their credit reference team.

[BRIGADIER2JCS]

Charley,

 

Write to Ronan Dunne

CEO Telefonica UK

Executive Resolution

Suite K

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0NE

 

You will get a prompt reply, the resolution of my problem was swift after trying to cancel a contract rolled over without notice.

 

Going to the TOP really does work.

[charharp]

Thanks Brig, any chance you could spare 5 minutes to draw me something up. You're much better at this stuff than me.

[charharp]

Is this any good Brig,

 

Dear Mr. Dunne,

 

I am writing to regarding an old account I had with O2 that was closed in late 2007/early 2008. It was an 18 month phone contract which was run immaculately for 14 months and then I ran into financial trouble as a student and unfortunately was issued with a default notice.

 

I am concerned at the actions of one of your employees when I purchased the phone at your store in Liverpool city centre in September 2006. In the process of buying the phone the employee had to run a credit check but your systems were not working and she asked me to wait. So I waited and we tried again and it still would not work, so she asked me to come back later that day to try to buy the phone again. She made it quite clear before I left the store that I had not purchased the phone. I did not return to the store later that day or at any other time, however a week later the phone arrive at my house. I was very surprised and was immediately struck by what I thought was an illegal act by your employee to later start the purchasing process again, run the credit check and complete the transaction using my bank details that she must have saved without my presence or permission. As I did not want to cause any hassle for myself or the employee I just carried on paying the contract.

 

It is not my intention to cause any problems for your company or the said employee even though there are legal questions to be asked about what happened. The default only has 4/5 months to run on my credit file and it was for a relatively small sum but it is making life very difficult for me. I would be very grateful if under these circumstances you would consider removing the default as a gesture of goodwill on your part.

 

I do not admit liability for this debt.

[BRIGADIER2JCS]

Is this any good Brig,

 

Dear Mr. Dunne,

 

I am writing to regarding an old account I had with O2 that was closed in late 2007/early 2008. It was an 18 month phone contract which was run immaculately for 14 months and then I ran into financial trouble as a student and unfortunately was issued with a default notice.

 

I am concerned at the actions of one of your employees when I purchased the phone at your store in Liverpool city centre in September 2006. In the process of buying the phone the employee had to run a credit check but your systems were not working and she asked me to wait. So I waited and we tried again and it still would not work, so she asked me to come back later that day to try to buy the phone again. She made it quite clear before I left the store that I had not purchased the phone. I did not return to the store later that day or at any other time, however a week later the phone arrive at my house. I was very surprised and was immediately struck by what I thought was an illegal act by your employee to later start the purchasing process again, run the credit check and complete the transaction using my bank details that she must have saved without my presence or permission. As I did not want to cause any hassle for myself or the employee I just carried on paying the contract.

 

It is not my intention to cause any problems for your company or the said employee even though there are legal questions to be asked about what happened. The default only has 4/5 months to run on my credit file and it was for a relatively small sum but it is making life very difficult for me. I would be very grateful if under these circumstances you would consider removing the default as a gesture of goodwill on your part.

 

I do not admit liability for this debt.

 

Hello Charlie,

 

Yes that's good just split it in to paragraphs so it's easier to read.

[charharp]

Hey Brig,

 

Finally got the statements from Lloyds, I've sifted through them and here's the outcome.

 

20th August 2007 - Overdraft limit of £1,500 exceeded, balance around minus £1,800 and never brought back into line. No payments in after this date.

 

Late November - Overdraft limit increased to £2,400

 

Late December - Overdraft exceeded again...balance now stands at minus £2,700. Last payment out, last activity on the account except for future fees and interest.

 

January 2008 - September 2008. Fees and interest accruing until account passed on to DCA. Final balance £3,800

 

 

 

Of the £3,800 balance £1,250 was charges applied once the overdraft was exceeded. So even without the charges I would have been £150 over my overdraft. In the 6 months running up to exceeding my overdraft I payed slightly over £150 in charges and interest. With these included I would have been just under my overdraft limit of £2,400.

 

Do you think we can do anything?

[charharp]

What do you think Brig, leave till early January when it's statute barred then ask for them to reset the default date to 3 months after cause of action?

[charharp]

I posted letters to O2 asking for default removal and to Capital One asking for them to reset default date to 3 months after cause of action last week. Will update with replies.

[charharp]

Hey Brig,

 

I received a reply from Capital One basically saying that the default was placed 6 months after I missed the first payment and it's within the guidelines and they will not alter it ect. Any ideas on if it's worth writing back or should I just wait for it to expire.

[fletch70]

I am not the Brig but 6 months from first missed payment seems ok. I believe the guidelines are 3-6 months or when there is evidence the relationship has broken down

[charharp]

Hi fletch70,

 

I wrote the letter to them acknowledging they acted in a timely manner but requesting they reset the default date to 3 months post instead of 6 as a gesture of good will. I've read that most banks reply they have to comply with the rules so I gave it a shot as 3 months is within the guidelines. I'm going to write back to them I just need ideas on what angle to take or maybe the address of somebody higher up.

[fletch70]

So it's only got a couple of months left to run before it is off?

 

No harm in trying ..I will leave it to the Brig although if I am totally honest I do not see a lot of hope (but stranger things have happened)

[charharp]

About 4 months, it's statute barred so it's worth a shot!

[fletch70]

Absolutely worth a shot. No arguments there

[charharp]

I have been in touch withe the national debt line to confirm 100% statute barred date and they said its a grey area and to be sure I need to look at the account terms And conditions. Does anybody know how I would get the T&c's on an account which was opened in 2006?

[fletch70]

Yes send a CCA request which does not reset the SB clock.

 

What it should provide you with is the agreement and terms and conditions at inception and default

[charharp]

Can I ask lloyds for that? I do t want to make any contact whatsoever with the DCA.

[fletch70]

I think it needs to be whoever owns the agreement now.

 

hang on I see that this is for an OD . It all depends on when they made the demand for payment and closed the account. If you do not know that then a SAR to LLoyds would be in order (costs £10). This would identify when this happened

[charharp]

Yeh that's the crucial point here, wether statute barred in last activity by me or the date it was recalled. If it was the latter I'm best just leaving the thing alone because it's probably so close to the default date it's not worth attempting early removal. If it's last activity by me it barred in 3 weeks with another 8 months to run on default.

[fletch70]

Have a look

http://www.consumeractiongroup.co.uk/forum/showthread.php?411313-Cause-of-action-statute-barred&p=4415336#post4415336

 

 

It will only be last activity if they had already closed the account and that was part of agreed repayment

 

I would suggest let sleeping dogs lie on this one unless they are being funny

[charharp]

I need to get that default off as soon as possible so I can my independence back. After everything I have read and especially Brigs opinion I'm leaning towards it being barred 6 years after last activity. Especially as the account had been overdrawn for 4 months and they were demanding payments and applying charges.

[BRIGADIER2JCS]

The 'rule of thumb' is 3 missed payment results in a default.

 

Cause of action not ever making any more payments, so SB = date when a payment was due after which no further payment was ever made and no unequivocal admission of liability in writing over 6 clear years.

 

 

 

 

 

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