Statute barred or not?

[Kati]

Re: Statute barred or not?

I'm sure you'll get other advice too, but it might keep them busy for a while at any rate xx

[Misbegotten22]

Re: Statute barred or not?

Would this not show on my credit file, there is nothing there not even under Aktiv Kapital whom they state assigned this debt to them in December 2014.

[Kati]

Re: Statute barred or not?

Would this not show on my credit file, there is nothing there not even under Aktiv Kapital whom they state assigned this debt to them in December 2014.

the fact it is not showing on your credit file doesn't necessarily mean it's SB'd already - for example if you'd paid anything after the original default the debt would still drop off the CRAs after 6yrs even if there were still a few months left before SB

[Misbegotten22]

Re: Statute barred or not?

Okay thanks very much for taking the time to reply x

[FlamingParrot]

Re: Statute barred or not?

I have checked my credit file with Experian and Equifax and there is no mention of this anywhere, the loan was taken out with Welcome Finance around 10 years (I got the initial date wrong and it was for circa £12,000 not what I originally stated and I had maintained regular payments bar this small amount, due to redundancy. I did explain this at the time. I have received another threatening letter but because I was in hospital I have been unable to reply. Nemesis shall I reply using the template you posted? They are threatening doorstep callers and legal action. I am not very well at the moment but really need to sort this out because I would be mortified if they contacted me at work as well.

Many thanks

Any idea when you last made a payment? Defaults do drop off six years after being recorded but if you made any payments after that then the clock starts to run once you stop paying.

You say they are threatening legal action, is there any chance you could post up the letter in question (remove all personal details first). If it's a letter of claim it needs a suitable response, but we need to see it. Meantime you should send the standard CCA request template Kati linked to above. :typing:

Most threats of doorstep collectors are just threats and in the unlikely event they turned up, they have no right to be there and you don't need to speak to them. Do tell us if they start ringing you at home or at work as there's another letter you can send but it would need adapting.

Would this not show on my credit file, there is nothing there not even under Aktiv Kapital whom they state assigned this debt to them in December 2014.

Not if it was defaulted over six years ago. :thumb:

[nemesis45]

Re: Statute barred or not?

Would this not show on my credit file, there is nothing there not even under Aktiv Kapital whom they state assigned this debt to them in December 2014.

AK are often slow to update CRA files. As [MENTION=49370]Kati[/MENTION] has said the debt not being on CRA files is not a clear indication of the status of a debt.

Any payment and or written acknowledgment in the relevant 6 year period restarts the clock.

nem