Statute Barred Accounts on Credit Files?

[charharp]

Would a short sob story included in there help in any way?

[charharp]

Would a short sob story in there help in any way?

[BRIGADIER2JCS]

Would a short sob story in there help in any way?

 

Probably not!!

[charharp]

Haha OK I'll keep you posted on their reply.

[charharp]

There's one more thing Brig, I haven't paid anything into that account since June/July 2007 but I remember about 3 months later they increased the overdraft limit and some direct debits may have gone out. Would this still be statute barred if they did? I.E is it 6 years from the last payment you made or 6 years from money last going out of the account?

[BRIGADIER2JCS]

Hello Charlie I suspect that this would be seen as an acknowledgment.

[charharp]

Think I need to postpone that letter then!

[charharp]

Hi Brig,

 

Been looking around on the internet about how a default should be placed within 6 months of action being required and it seems to me that asking them to remove the default because it too them 12-14 months to put it on has a high chance of being successful. Assuming that it is not statute barred for another 3 months what do you think of asking them to remove it for this reason whilst not acknowledging the debt and then if that fails go for the goodwill removal in 3 months?

[charharp]

Brig I have been reading other forums and other things on the net and it seems that an overdraft is not stature barred 6 years from last payment in OR out of the account but in fact 6 years from when they recalled the overdraft which is likely to be many months later? Does anyone have any experience of whether this is correct?

[BRIGADIER2JCS]

It is a contention in my experience 6 years of no payment or written acknowledgment is accepted in and out of court.

[citizenB]

responding to S.O.S.

 

charharp, there appears to be more than one issue being discussed on this thread, which doesn't make it very easy to follow. I see that Brig has been advising and TBH, I don't think I can advise any differently.

 

My knowledge of "default markers" is limited.

 

Statute barred occurs after 6 years from the 1st missed payment (or in the case of a current account the last activity), regardless of when the default marker is placed.

 

If you have a question about a Default Notice issued under the CCA 1974, then I might be able to answer your questions

[charharp]

Thanks for your input Citizen, it's nice to have another opinion on the thread Brig must be tired of doing it all on his own!!

[claricestarling]

Hi Charlie,

 

I've been asked to take a look at this for you, let's see what we can do.

 

 

1st thoughts are that the ICOs Guidance on defaults say that if the ''default sum'' comprises charges without which the account would not have been defaulted then no default should be placed.

 

So yes this open to challenge, and the way forward is a formal complaint to the Data Controller of the creditor that placed the default.

 

hi ive been searching the guidelines for this as i know ive seen it before but now i cant seem to find that quote on there? im in desperate need of it in black and white

[charharp]

It worked for me, they removed the default immediately without question. By their tone in the reply they sent me I felt like they were reluctant to remove it but had no choice as they had broke the rules.

[claricestarling]

im in a similar situation. i have a default from a bank from 2011. i had a zero balance, then a failed direct debit which the bank charged me for, then charged me for going into an unauthorized overdraft and it all spiraled from there. i sent them a letter 2 months ago(recorded) asking for a copy of the credit agreement, default notices, etc and this letter has been totally ignored.

when ive posted on here for advice they have just said you cant cca for a bank account which confuses me as ive seen so many posts where people have done so and had replies from banks?

not only that i asked them for a copy of statements and default notices etc... surely i should have had some reply?

my back up was that id seen someone quote from ico guidelines about if default is solely charges it shouldnt be placed..... but i cant use it in my next letter if i cant find it on the guidelines myself. please help

[charharp]

I wouldn't bother requesting any of that stuff you probably won't need the exact dates, I didn't. How much did they default you for?

[BRIGADIER2JCS]

im in a similar situation. i have a default from a bank from 2011. i had a zero balance, then a failed direct debit which the bank charged me for, then charged me for going into an unauthorized overdraft and it all spiraled from there. i sent them a letter 2 months ago(recorded) asking for a copy of the credit agreement, default notices, etc and this letter has been totally ignored.

when ive posted on here for advice they have just said you cant cca for a bank account which confuses me as ive seen so many posts where people have done so and had replies from banks?

not only that i asked them for a copy of statements and default notices etc... surely i should have had some reply?

my back up was that id seen someone quote from ico guidelines about if default is solely charges it shouldnt be placed..... but i cant use it in my next letter if i cant find it on the guidelines myself. please help

 

Current accounts and ODs are exempt from parts of CCA 1974 there |IS NO CREDIT AGREEMENT, a letter of offer of an overdraft facility is the usual documentation.

 

The ICO Technical Guidance On Defaults: 'If a default sum is made up of charges without which the account would not have been defaulted no default should be placed.'

 

The Guidance is a 'Technical Document' with addenda and annexed parts.

 

All you need to do is quote what I have posted above, the banks are fully aware of this.

[claricestarling]

I wouldn't bother requesting any of that stuff you probably won't need the exact dates, I didn't. How much did they default you for?

 

£295

[claricestarling]

Current accounts and ODs are exempt from parts of CCA 1974 there |IS NO CREDIT AGREEMENT, a letter of offer of an overdraft facility is the usual documentation.

 

The ICO Technical Guidance On Defaults: 'If a default sum is made up of charges without which the account would not have been defaulted no default should be placed.'

 

The Guidance is a 'Technical Document' with addenda and annexed parts.

 

All you need to do is quote what I have posted above, the banks are fully aware of this.

 

 

Thank you .

So shall I just pretend i haven't send the agreement/default request in that's been ignored and just straightforward complain that the default is wrong and shouldn't have been placed at all?

[charharp]

If it is correct that your account wasn't overdrawn before the charge was added then it should be easy to get it off. Listen to to the Brig he knows his stuff. Do you have any other defaults?

[BRIGADIER2JCS]

Thank you .

So shall I just pretend i haven't send the agreement/default request in that's been ignored and just straightforward complain that the default is wrong and shouldn't have been placed at all?

Two separate matters really, you can send an account in dispute letter re the failed CCA request if you wish.

 

Yes you make a FORMAL COMPLAINT about the

default entry addressed to The DATA CONTROLLER at the banks head office address.

[charharp]

I have posted about this earlier in the year but I'm doing it again as I have been seeing some conflicting advice on it.

 

I have 3 defaults on file,

1 is now statute barred and

the other 2 will be in November.

 

But the defaults were placed later on so they will not drop off until between April-August next year.

 

Does anybody know if an account that is stature barred should be removed from the credit files

or should it carry on until 6 years following the default placement?

 

I have been receiving advice saying it's the former and some saying it's the latter.

 

I have requested the credit reference agencies remove the one that is now statute barred and I am waiting for a reply.

[oleg]

Accounts stay on file for 6 years from default date. Statute barring is a separate matter. No creditor will cease reporting early just because SB has been reached.

Where did you read otherwise?

[fletch70]

I would agree with oleg. Are you 100% sure they are SB...no payment or acknowledgement .

 

Remember that SB is not always 6 years from payment but 6 years from cause of action

[charharp]

I read on this forum from very experienced posters that statute barred accounts should not be reported and also something's on other sites.

 

2 of them I am fairly confident about being statute barred but the other one is more complicated,

 

however that one placed the default about 13 months from last payment in and 10 months from last payment out

so I'm hoping to get that removed for the time it took for them to place it.