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BristolPip

Statute Barred Debt advice please.

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Hi,

 

Please can someone advise me with regards to Statute Barred Debts? 
 

I have a statute batted debt with the Halifax that my last communication or payment with them was at least 15yrs ago., possibly 20yrs.

 

i was surprised to see yesterday that Credit Karma alerted me to a new item on my file and when I checked it said over use of available credit because Halifax have just added this to my Credit File. They have added the credit card saying a £5100 balance owed with a credit available on the account as £0 so they haven’t even listed it as a default or anything. 
 

Does anyone know if they are allowed to do this and if they are not then how I go about getting this removed from my credit file. My understanding was if it is Statute Barred then legally you can not be chased for this so to put it on to my credit file now will obviously affect my rating however this is from at least 15 maybe  20 years ago!

 

i very much appreciate anyone who can point me in the right direction and thanks in advance for your time and help.

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the debt would have been defaulted years ago and removed from credit fileson the defaults 6th birthday

never to return..

 

send 

an SAR to halifax

read all the post there carefully 

 

unless you already have a copy or record of the old defaulted date.

 

dx

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi DX,

 

Thanks for your time and advice. 

 

I really cant remember if / when it was defaulted etc because 20yrs ago my finances were a bit of a mess. I thought I finally cleared everything just with deals with collectors and one debt did go to court and I had a CCJ which I paid in full and is about 9 years ago and no longer on my file.

 

I started to live in another country for about 10 years and have been back in the UK now for 6 years so I was surprised to see this suddenly crop up on my file a couple fo days ago.

 

I've attached a pdf with 2 screenshots of Credit Karma screens, the left screenshot is my front page showing the alert for the Halifax and the screenshot shown on the right is how they listed it, almost as if its a live credit card except the Credit Limit shows as £0

 

Do you know if when I write to them, are the obliged to remove it from the credit ref agencies or will it be on there now for 6 years?

 

Thanks again for your help

Pip

credit report.pdf

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you ideally should send them an sar  FIRST

gather the info.

 

I would 99.9% guarantee this would have been defaulted more than 6yrs ago

and

ofcourse you've made no transactions within the last 6yrs so is statute barred anyway and they should not be reporting it either.

 

you could simply write a letter stating the above and give them 14 days to remove the account else you will immediately without further notice raise a serious formal complaint to the ICO and WILL be seeking financial compensation toward damages to your credit worthiness should they fail to comply with your instructions.

 

dx

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi DX,

 

Thanks again for your advice and help, much appreciated. 
 

ive definitely not paid anything towards this or communicated to them regarding this for at least 15 years hence why I was shocked to see this.

 

Interestingly  if I scroll  down to my credit cards and bank accounts I have now it doesn’t list this Halifax one there.

 

im positive it’s Statute Barred so I think I’ll take the advice of writing to them straight away. 
 

I know many years ago I had a CCJ registered against me when it shouldn’t of been and despite many letters they refused to remove it.

 

All it was that someone claimed I damaged their bike and I didn’t think it was my fault and therefore didn’t need to pay so we went to court for them to decide. They decided against me and. So I paid the £100 for the bike within a few days and they notified the courts it had been paid and so there should of been no judgement.

 

the court made a mistake, lost the letter and even with a fresh letter from the claimant saying I paid them a few days after the court case the court refused to remove the CCJ. That’s 30yrs a go now, however it rings alarm bells when thinking of trying to get things removed

 

thanks again for your help

Pip

 

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