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Statue Barred Debts - Help

4 replies

ThreeMoreDaysTillFriday · 22/04/2015 14:30

What I am wondering is if I defaulted originally in April 2009 but the bank reassigned part of my debt internally (without permission) in October 2010 and have then registered the default date as October 2010 on my credit report if my debt is still statute barred? I'm in Scotland so the time frame is 5 not 6 years so should have been statue barred last May.

In case it is required it was a personal loan and the reassigned part of the debt to a current account as an unpaid overdraft. The overdraft has actually disappeared from my credit report as even with the reassignment of the money they kept the default date on that account as May 2009 so this debt was effectively statute barred in 2014 and has now gone.

The way it has been reassigned makes it look like a bulk payment was made on the loan and that the debt doesn't become statute barred until November this year but no payment was made. Just the reassignment.

Hope this makes sense.

OP posts:
ThreeMoreDaysTillFriday · 22/04/2015 17:42

Anyone?

OP posts:
VodkaJelly · 23/04/2015 21:34

If they have not had anything in writing from you acknowledging the debt then it remains statute barred. The company can pay off bits of it or move money in or out but unless it's a written acknowledgement from you, there is nothing they can do. And you can challenge the second default, head over to consumer action group, loads of good advice there.

ThreeMoreDaysTillFriday · 24/04/2015 11:15

Thanks vodka. I'll do that.

OP posts:
stircrazyinthecountry · 30/04/2015 17:53

My dp had many money problems when I met him with several defaults. If you have the original default notice available or remember the date specifically, call them and tell them that the default date is incorrect and they are required to remove it from your credit file. There are various letters at MSE to copy but I found them very amicable when I called. Once the default is removed from your credit file, bin any letters that come through the door relating to the debt.

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