Overdraft....statute barred?

[ttgo]

Hi,

 

I had an overdraft many years ago and I am not sure if it is statute barred. Luckily I haven't heard from anyone about it for a long time.

 

I recently requested a SAR and it showed that the last time I made a payment was 30th August 2007,

a formal demand for payment was made on 13th March 2008

saying a default will be placed in 14 days if payment isn't made.

The account wasn't actually defaulted until 22nd August 2008.

 

I've read different things and

 

I am not sure when it becomes statute barred,

6 years after last payment or

6 years after the formal demand?

 

But now I've seen some posts that say it's 6 years from the default date.

 

Can anyone shed any light on this it has got me worried!!!!

[renegadeimp]

very much looks like it is SB. Whichever date they try and use, it would be SB anyway. The default date doesnt have anything to do with the SB date as it can be placed months after the cause of action which started the SB date.

[ttgo]

But it's not been 6 years since the default date yet! If the default date is the one I need to use I have 5 months left yet!!

[renegadeimp]

Read my post again please

[ttgo]

Ah yes sorry I read it too quickly! I've seen other posts on here that said it was 6 years from the default date!!! It got me worried so I signed up straight away to find out!!

[renegadeimp]

No. The default date is always set after the cause of action happens.

[ttgo]

That's what I thought so I was going off the date they made a formal demand at the latest. But then I saw a post by BRIGADIER2JS and he seemed very experienced and said on an overdraft it may be from the default date. It really got me confused.

[renegadeimp]

Theres some controversy and discussion over when the SB date occurs. Normally it is 6 years from the time the cause of action happened. Although in some cases, it can be from the time the creditor can call in the debt. I cant say ive heard that its from the default date, as A lot of creditors add the default on MONTHS after.

[ttgo]

I've been following these forums for months but when I read that I had to join to find out. I found some other statute barred threads on here but they seem very long with lots of arguing and with no clear answer. Are creditors allowed to send a formal demand saying a default will be placed in 14 days yet not do it for 5 months?

[renegadeimp]

Also, where do you live? England/wales or scotland?

[renegadeimp]

Also, is anyone actually chasing you for this overdraft? If not, i would let sleeping dogs lie for now, especially if the SB date is true relating to the date of default.

[ttgo]

I live in England.

Nobody seems to be chasing it,

I've had the odd letter here and there for years.

 

Probably like 2 a year but they just seem like run of the mill letters hoping to get a reply.

 

I have no intention of contacting them I just wanted to know if it was safe for me to relax now!

I have a feeling they moight start pursuing it when the default date approaches!!

[renegadeimp]

If nobody is chasing it, lie low for a bit. Especially since its only a few months anyway before it drops off your credit file.

[ttgo]

You mean do nothing that would cause a search of my credit file?

[renegadeimp]

No. I mean just dont respond to any phishing letters/phone calls etc. I doubt youll get any, but its better to play it safe.

[ttgo]

That's a given,

I changed my home number last year and a DCA chasing me for a different debt managed to get it somehow.

 

I kept receiving automated calls asking me to confirm I lived there.

 

Then I got a real call and I asked who was calling,

 

it was the DCA so I told them I had never heard of that name and they stopped.

 

You give these people the tiniest of leads and they hound you!

[renegadeimp]

You dont need to change your number. Just send them a telephone harassment letter. If they keep calling you, then you can take action for harassment.

[ttgo]

I didn't change it because of them I switched to a new provider, they rarely called because I always told them I wasn't in. Somehow they got my new number and called every day,

[renegadeimp]

Your number is in dozens of places. All they need is the address and they can find your new number. Thats why cag advises something like trucall, so if they do get your number, it blocks the call so you dont even hear the phone ring.

[ttgo]

I wish I had known about that years ago, when it first started I was hounded in my own home I was called several times a day. Every time the phone rang I had a mini anxiety attack!

[renegadeimp]

Well, you're sorted now As i said. if nobody is chasing you, lie low for now. Wait for that default to fall off and if anyone tries chasing it, you can have a nice big laugh at them.

[ttgo]

Thanks for the help!