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General Credit File / Statute Barred Advice

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Hopefully I can get a bit of clarity of where I actually stand.

 

Having racked up a bit of debt in younger years I had little choice but to default.

 

Due to circumstances I simply stopped paying (although I did enter some dialogue for a short time

but the overly aggressive stance of the creditors meant it never progressed)

- this would have been circa 2007/8.

 

Since then I've had a fairly troubled life

- never having any money to pay off the debts and simply ignoring any letters sent.

 

I've not heard from most for 18 months or longer.

 

I'm now in a position where I want and am able to sort my life out,

took the plunge and ordered a credit report from both Noddle and Equifax.

 

Both are showing as clear, with no debts, defaults or CCJ's showing.

The only thing listed is my basic bank account.

 

Am I correct in thinking these debts are statute barred or are they likely to come back and haunt me?

 

Also, what impact are they going to have in the future,

for example will I ever be able to get a mortgage or even a mobile phone on contract?

 

Thank you in advance for any advice.

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if they are not showing on your cedit file they cant harm you.

 

debts are statute barred after 6yrs in E&W

and GONE in 5yrs if you took out the debts whilst resident in Scotland

 

creditors or debt buyers can after 6yrs in E&W can 'ask' for payment

 

you can equally ask them to ... well you know what I mean

 

go enjoy your debt free life

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Thanks for the reply although I am still a little confused by it all.

 

If the debts and CCJ are not showing on my credit file

(have looked at both Noddle and Equifax)

does this mean they have passed the 6 year threshold and are statute barred?

 

I ask as I received a letter yesterday regarding one debt which was notification of a change of name of the company

who currently owns the debt (Aktiv Kapital) and a statement of account.

 

Looking back through the letters I have regarding this

no payment has been made since 2007

so I would assume it is statue barred and I can simply reply in writing stating this?

 

I really don't want to go through all the stress once again as I had hoped to put it all behind and move on.

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If the last payment was 2007, I would suggest it is well and truely Statue Barred. There is a letter in the library you can sent AK.

 

Remember a CCJ never becomes Stat Barred. but if they have not collected on it for over 6 years, they would need permission from the Court to reinstate the CCJ. I have never heard of one being reinstated all the time I have spent on this site.

 

Don't be surprised if a 'phantom' payment appears from whichever company are chasing you.

 

If you need a link to the letter, just shout.

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The CCJ is something I have always paid and will do until such a point I might be able to negotiate a settlement payment (assuming I can with a CCJ?).

 

I seem to recall that Horwich (who hold the debt/CCJ) did offer me a reduced payment offer but this was a long time ago

 

All other debts were only taken to defaults - from memory not a single company ever threatened to take any further action than this / send a man round!

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I hope 'horwich' [whomever that is??!!]

 

was the named claimant on the CCJ and not someone this has been passed onto

 

on the SB from

 

pers it's current wisdom not to send the SB letter.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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As far as I know they were named on the CCJ action but I have no record of it.

 

Nothing will be sent unless I have to (court action etc).

 

Again, all of this just shows how murky the world of finance and debt is.

Seems I'll have to go back to keeping my head down and existing on the fringes of society.

 

 

Can't be dealing with playing the game for another goddamn who knows how many years.

 

 

The maddening thing is that if they were less aggressive and actually listened to people they would probably recover more money.

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Do you mean Horwich Farrelly , solicitors [of a sort] to Robinson Way [or Lewis or other branch of Hoist Group]? How long you been feeding these creatures?

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Do you mean Horwich Farrelly , solicitors [of a sort] to Robinson Way [or Lewis or other branch of Hoist Group]? How long you been feeding these creatures?

 

The very same.

According to the court papers I found the CCJ was issued on the 3rd of May, 2008

so been paying them the princely sum of £4 per month since then.

 

 

As the debt was bumped up to £1400 due to 'charges'

I'm still a long way from ever getting near to paying it off.

Reckon there is still best part of £1100 owing.

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You asked about getting credit again.

 

Various ways of demonstrating a track record include

 

- obtaining a credit repair credit card but ONLY if you have the will / discipline to pay monthly in full , failing which steer well clear

 

- taking out a mobile phone contract but keep an eagle eye on call / data usage

 

- asking your basic bank account provider whether they will up

you to a full current account [but not a fee-charging frills one]

 

If your salary level is sufficient, you would probably qualify for any of the above, as your credit file now seems to be in the clear.

 

Don't go near PDLs or forget your CCJ payments, no matter What, or you'll slide right back to the bottom of the pole

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what was the original debt and with whom?


please don't hit Quote...just type we know what we said earlier..

 

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It was for around £1000 with HFC Bank.

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oh good

bal all PPI and Penalty charges.

 

have you ever sar'd HFC.

 

reclaiming will prob generate enough to pay it off

 

rare for Horwich Farrelly to be involved

I take you knew nowt about it?

 

served to an old address?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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HF were standard back-up squad for RW.

 

ma Was yours was a case of moving addresses or simple staying put and playing Ostrich syndrome?

 

If any reclaiming to do . . .

 

PPI Complaints

HSBC

Box 5207

CV3 9FB

 

Don't breathe a whiff of full/final to HF at this stage. Wait until your position is at its strongest - i e after saving up or obtained misselling compensation.

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To be honest they were probably as above board as they were ever going to be.

 

 

Then again, I didn't know as much about the system as I do now.

 

 

The bump up in costs was mainly due to court fees and a lump sum for 'interest'.

 

 

Although it could well have had PPI included,

I really have no idea.

 

Some of the other debts I had were made up of charges

(I recall a £20 Natwest debt becoming close to £1000 this way).

 

 

Plus there were loans (with HSBC for example)

- even though the original accounts are going to be close to 10 years old,

do they still fall within the time limit for PPI?

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No time limit to misselling compensation claims.

 

To try to find what you've paid , make SAR. It's one request per group not per account, so your HSBC one would cover your HFC as well as HSBC account itself. But you should mention this , not just say "all accounts", as records may not have been integrated. You may struggle to get such old information, but it does often turn up if you kick up a fuss .

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I will look into sending a SAR. If I can tie in the HFC with HSBC stuff that would good. Probably worth doing the same for Natwest and MBNA (although this one does feel like prodding the hornets nest somewhat).

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You can't join MBNA and Nat West in single SAR! Different companies. HFC belong to HSBC , hence only one SAR needed

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Makes sense. All this debt stuff drives me a little insane. Thanks for your help, it all really appreciated.

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How do I find out the best address to send each SAR to? Looking at the Data Protection Register, HSBC have 20 plus addresses. Natwest have 5 or 6. Is there a list of the most common ones anywhere?

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each named bank has a named forum here off the main forum tab top left

 

in each of the forums are stickies at the top [red/yellow]

 

details are there

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Brilliant - many thanks for that.

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A little off topic but I don't want to start a new thread.

 

 

What happened to Horwich Farrelly as a DCA.

 

 

I have a CCJ supposedly with but I can't find out anything about it.

 

 

Have tried Trustonline search which doesn't come back with anything.

 

 

I just want to see what I still owe (if anything) and get it sorted.

 

 

The CCJ is over 10 years old (been paying £4 per month) but I have no idea where that money is going or to who.

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If the CCJ is 10 years old, It would have vanished from your credit file 4 years ago

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post moved to your own existing thread

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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