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  • Old Tesco credit card.

    Card taken out 01/2013
    default on 08/2014
    amount £2500
    Nothing on credit file

    hi all.

    I have had no communication or payments made to the above account since 2014

    upon advice on another forum a did a sar request to see if it’s statute barred.

    the sar request contained no default notice but just a letter stating a default notice had been sent. And I don’t have a record of any

    there are no notice of assignments

    there are statements starting from 2018 to present only.
    Last statement shows that the full amount must be paid by end of this month.

    I am guessing this is not statute barred?

    the agreement seems fine with my signature on it.

    any help would be much appreciated. Thank you






  • #2
    Hi

    If there has been no interaction since 2014, and there is nothing on your CRF, why would you send a SAR?? Why not let sleeping dogs lie? It should be statute barred if indeed you have not paid or acknowledged the debt in any way since 2014.

    You say that the SAR bundle contains statements from 2018. Were you not sent copies of these, even annually? Have you changed address since 2014? When does the bundle say that a default notice was sent?

    Comment


    • #3
      Has it ever shown on your credit file?

      Comment


      • #4
        It seems I’ve had some bad advice. I was searching online to see if it is indeed statutes barred as I really don’t know much about it. Another forum advised a Sar stating that I need to check if I have received a correct default notice. it seems I haven’t or at least there is no record of one.
        I haven’t moved and I didn’t receive anything by post unless they sent it to the online account which I haven’t been on
        all I got was a few debt debt collection letters which I ignored.
        it was on credit file but has disappears now.

        the bundle says it a default notice was sent on 08/14. But there isn’t an actual copy of it
        thank you

        Comment


        • #5
          Hi,

          A default notice would need to be sent in paper form. Sending one by email or via an online account is insufficient.

          The creditor should have served annual statements after the agreement was terminated.

          The statements you have received in the SAR will state a full balance is outstanding. That does not, however, mean the debt is not statute barred.
          Legal Disclaimer

          I am a Litigation Executive at
          Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #6
            Thanks Colin. I meant the statements may have been sent online. I have no idea as I didn’t log on since 2014 but it seems there is no evidence of annual statements in the SAR

            there is no sign of an actual default notice. Does this matter.? It’s just a letter at a later date stating that a default notice was sent previously
            I have no idea if it was terminated. There seems to be no evidence of that in the SAR

            Comment


            • #7
              Does it mention in the SAR if it had been sold? Who were the debt letters from?

              Comment


              • #8
                Hi timetotell

                nope. No mention of any sale or deeds of assignments

                unfortunatly I have no idea who they were from. I got them for few months and I ignored them. I haven’t had anything from debt collectors in a few years

                Comment


                • #9
                  Personally I’d sit quietly and wait for them to come knocking if at all.
                  if it isn’t affecting you in any way then forget about it until it needs dealing with.

                  Comment


                  • #10
                    Thanks timetotell. I get that but sometimes it’s hard not to stress and you start thinking if it needs dealing with then what can you do.
                    And with possibility of it being statute barred.. if I could work that out then it would be perfect

                    Comment


                    • #11
                      The likelihood is it is statute barred, I think that only needs addressing as such if someone comes knocking or it’s affecting you detrimentally.
                      As for stressing, well that’s all in your mind, please don’t take that wrong, but reality is if no one is harassing you for it then you are creating your own stress by how you are thinking. Change your thoughts, change your life I was once told and it is hard but it is also very true.

                      In other words, carry on as if it isn’t there until someone else makes a big deal about it.

                      Comment


                      • #12
                        Agreed T-W-T, and the hope is that the SAR request hasn't woken them up.

                        Comment


                        • #13
                          Thanks Stillwaving and timewill tell

                          ’hasnt woken them up”. Well that puts a little worry in anyone

                          it’s not affecting me too much. It’s just that being statute barred seems like the event horizon for all debtors and I was hoping I was already there.

                          would have been nice to definitely know one way or another

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