Defaults on Statute Barred Debts

[JC30]

Hi everyone,

Has anyone had/do you know of anyone who has successfully had a default removed on a debt which is Statue Barred? I've been reading around and have found some stories of people who have managed to get a default removed, but this usually involves settling the debt. Has anyone had success without settling the debt?

I am in a situation in which I've been defaulted on an overdraft on an old bank account. The last time I had anything to do with the account was circa 10 years ago, so the account would has been Statute Barred around 2009. However, the lovely institution in question registered a default on my credit file in 2011! I'm not sure which bizarre world they live on as this is totally unfair.

I know the ICO suggest that a default should be registered within X months, but as these are guidelines, I'm assuming a bank can dismiss them as being just that - mere guidelines. Is there any law or statute which makes the registering of a default on a Statute Barred debt unlawful? I have seen suggestions that this might be the case, but can't find anything solid.

Thanks

[Nibbler]

Re: Defaults on Statute Barred Debts

Lloyds TSB?

[starukkiwi]

Re: Defaults on Statute Barred Debts

is it an old Halifax or Bank Of Scotland account?

[labman]

Re: Defaults on Statute Barred Debts

Are you sure no default was registered previously against this debt?

[JC30]

Re: Defaults on Statute Barred Debts

Great guess by Nibbler

Hi Labman, I'm sure that it was never previously registered.

[Nibbler]

Re: Defaults on Statute Barred Debts

Great guess by Nibbler

Only because I've seen several threads, from different people, on various forums, all having been screwed over by Lloyds in exactly they same way.

[JC30]

Re: Defaults on Statute Barred Debts

Same here - from my research it seems that Lloyds have been doing this a lot.

I've seen a few people who have managed to get the removed, but that's because they've had low balances and have just settled with them. I'm not willing to pay the amount they allege against me because I don't agree that I owe them a penny.

[labman]

Re: Defaults on Statute Barred Debts

Do Lloyds still own this debt?

[JC30]

Re: Defaults on Statute Barred Debts

Yes, I believe so.

[JC30]

Re: Defaults on Statute Barred Debts

Hi, does anyone have a definitive answer to my original questions? Is registering a default on a SB debt definitely unlawful? If so, what covers this?

[Nibbler]

Re: Defaults on Statute Barred Debts

See: http://www.legalbeagles.info/forums/...-Vital-Reading

A grossly inaccurately dated default would breach several of the data protection principles from the Data Protection Act.

[JC30]

Re: Defaults on Statute Barred Debts

See: http://www.legalbeagles.info/forums/...-Vital-Reading

A grossly inaccurately dated default would breach several of the data protection principles from the Data Protection Act.

Thanks Nibbler. The first page of that thread is helpful and promising, but the second casts some doubt again.

Does Celestine still post here? It would be interesting to get an update/more information on her posts (post five & ten) on page one.

[Nibbler]

Re: Defaults on Statute Barred Debts

Celestine is site admin here, so I should hope so.

[Nibbler]

Re: Defaults on Statute Barred Debts

Thing is to complain to the lender, complain to the CRAs, and then take it to the FOS and ICO if you get nowhere with that.

People do get mixed results from the FOS/ICO. Some get very sensible decisions. And some very odd ones that fly in the face of all guidelines. It does seem somewhat of a lottery at times.

One things is for certain though. If you don't complain, then you will definitely get nowhere.

[JC30]

Re: Defaults on Statute Barred Debts

Hi All, does anyone know whether a default can be registered on a credit file, after one year or so taken off, but then a few months later added back again!?