Can anyone help

["getinfo"]

This is the first thread I have posted on the site so forgive me if this subject has already been covered.

I have several credit accounts which are now defaulted (approx 3.5 to 4 years ago). I have been paying nominal amounts to all since they fell into arrears and defaulted. Only those little tinkers at Barclaycard refuse to default me in spite of a recent letter from them saying that they had been incorrectly reporting my account to CRA’s and were going to correct the error (still hasn’t happened) but I digress.

I read recently on Legal Beagles that an account can become Statute Barred after 6 years if not collected from the last correspondence or payment by the debtor.

My question is:
If an account does become Statute Barred and is rendered unrecoverable after the 6 years, what is the situation if at some later date I died does the account remain legally uncollectable or will it be paid to the creditor whilst in probate out of the my estate?

Hope someone can help clear this up for me, the only info I can find is limited and seems to suggest that the creditor would be paid out of the estate.

[wales01man]

Re: Can anyone help

Are you still paying Barclays?

["getinfo"]

Re: Can anyone help

Hi, thanks for replying, yes I'm still paying Barclaycard as I am with all the others. If they don't change it soon I'm going to just stop paying anything so they are even more obligated to default me but the letter they sent stated they would back date the default to when it originally defaulted so really I want the back dated record not a current one. I went off at a tangent with the Barclays thing although any advice on how to get them to fulfill their obligation is always welcome.

[FlamingParrot]

Re: Can anyone help

Hi and welcome : welcome:

This is the first thread I have posted on the site so forgive me if this subject has already been covered.

I have several credit accounts which are now defaulted (approx 3.5 to 4 years ago). I have been paying nominal amounts to all since they fell into arrears and defaulted. Only those little tinkers at Barclaycard refuse to default me in spite of a recent letter from them saying that they had been incorrectly reporting my account to CRA’s and were going to correct the error (still hasn’t happened) but I digress.

I read recently on Legal Beagles that an account can become Statute Barred after 6 years if not collected from the last correspondence or payment by the debtor.

My question is:
If an account does become Statute Barred and is rendered unrecoverable after the 6 years, what is the situation if at some later date I died does the account remain legally uncollectable or will it be paid to the creditor whilst in probate out of the my estate?

Hope someone can help clear this up for me, the only info I can find is limited and seems to suggest that the creditor would be paid out of the estate.

First of all, there's little point in worrying about something that may not happen any time soon.

Once a debt is statute barred, it stays so forever, even if you were to make a payment after the 6 years have elapsed, it wouldn't come back to life, however, you say above you have been making payments after defaulting, meaning the clock is being reset every time a payment is made. :clock:

Hi, thanks for replying, yes I'm still paying Barclaycard as I am with all the others. If they don't change it soon I'm going to just stop paying anything so they are even more obligated to default me but the letter they sent stated they would back date the default to when it originally defaulted so really I want the back dated record not a current one. I went off at a tangent with the Barclays thing although any advice on how to get them to fulfill their obligation is always welcome.

This is a bit of a grey area as the ICO guidance states you're not supposed to be in a worse position when you are making payments than if you hadn't made any, however, it looks like that's often the case.

Before you stop paying, it may be worth hitting them with a CCA request. Barclays are notoriously bad at retrieving agreements. :thumb: That should provide you with some ammo.

["getinfo"]

Re: Can anyone help

Thanks FlamingParrot,
Appreciate all help and advice.

The situation with my debts are that collectively they amount to a substantial sum of money and if the worst were to happen it would leave very little left for my family out of what amounts to my estate.

I have spent years hounding all of the credit companies with all types of requests and know for a fact that a number definitely don't have the agreements because they have admitted it and the rest with exception of one which I'm not worried about don't have them either because frankly if they did they would have banged it off to me to shut me up!

I have only just realised that there is a statute barred situation which would apply to me because until I read some recent posts in Legal Beagles I though all the credit companies had to do was to send a letter asking for payment and they re-set the clock on the 6 years because that constituted them trying to collect which doesn't appear to be the case.

I am confident I can stop paying these nominal amounts with a letter telling them why and let time run its course. My concern is if I die in say 15 years these debts will be still paid to the creditors in Probate even though they can't collect from me if I were alive.

They information I have found which is the Governments web site is that in Scotland they wouldn't be collectable but in the rest of the UK they would be paid out.