what to do

[Older.wiser]

I've got myself back on the road of credit or so i thought.

I checked my experian credit file afew months ago and found no adverse information regarding my old debts all are over 6 yrs old and so i thought all was fine. I got myself a natwest current account and a capital one credit card. I got the free equifax identity and only today have i checked my equifax credit file. I was suprised to see table one searches by a firm mckenzie on the 19 sept 2010 saying outstanding debt this was recorded at two former addresses. I also found an old o2 account which is well over 7 yrs old and yet is still on my file. I stopped paying in 2003 and yet 8 yrs after this its still on my file. It does say sept 2005 settled but i didn't settle the account or does this mean it was bought by a DCA ? I assume with it being table one searches this will be seen by everyone. I think i can contact equifax to try to get these removed but i'm cautious as i'm not sure if all type of accounts can be stature bared if no payments have been made for 7 years mobile phone credit card current accounts etc ?

sorry for the long post but i'm confused as to what to do next i feel as though i've taken a step back.

[Never-In-Doubt]

Re: what to do

The account will go 6yrs after settled date so in September / October.

The Mckenzie hall stuff; must be in year 6 for them to chase so be careful. are your dates right?

In any case just sit tight and wait a cpl of months then update us again and if you're 100% the Mckenzie hall stuff is dead (statute) we'll advise how to remove. Right now; don't worry. Just wait.

[Older.wiser]

Re: what to do

thanks niddy i've already had two letters from lowell and all were stature barred and they said so. the only other accounts are from halifax which again should be barred as i stopped paying everything at the same time.
Could you just confirm that all accounts can be barred nevermind what type of credit agreement and does the stature bared start from default or from the last payment i sent ?

cheers

edit my last payments was sept/oct 2003 i was 29 afew months from my 30th birthday i recall that period very well i'm 37 now.

[caspar]

Re: what to do

Phone agreements are SB after 6 years. Some debts, like benefit overpayments never become SB as such. They cannot be collected from you after 6 years of no activity, but as soon as you start claiming a benefit again they can and will be taken from that.

[CleverClogs (RIP)]

Re: what to do

I believe that they might be "stature bared" until someone gets dressed.

[CleverClogs (RIP)]

Re: what to do

thanks niddy i've already had two letters from lowell and all were stature barred and they said so.

How did the Leeds loonies say they would enforce the SB debts?

[Never-In-Doubt]

Re: what to do

thanks niddy i've already had two letters from lowell and all were stature barred and they said so. the only other accounts are from halifax which again should be barred as i stopped paying everything at the same time.
Could you just confirm that all accounts can be barred nevermind what type of credit agreement and does the stature bared start from default or from the last payment i sent ?

cheers

edit my last payments was sept/oct 2003 i was 29 afew months from my 30th birthday i recall that period very well i'm 37 now.

Hiya

Ok as you're confident that they are definitely statute barred it may be worth telling the CRA's that the entries are incorrect, you have no agreement in place for McKenzie Hall to search your files and you therefore dispute the entries. The CRA's will then contact McKenzie Hall and query it, who will no doubt say the searches are valid and to contact them directly. In such a case, as they're statute barred they cannot lawfully search for "the outstanding debt" as there is no "outstanding" part whatsoever, it's Statute Barred.

Yes, the debt exists but that's all - it cannot be recovered in the traditional sense, and you're under no legal obligation to pay it either, in line with the Limitation Act.

They become SB 6 years after last acknowledgement, or payment whichever came first.

Regards the comment above about phone acknowledgement being 6 years - don't worry about this as it's not quite that simple as they have to have a clear line of proof that you actually admitted liability to the debt, which a simple "stop hassling me" call would not qualify so unless you paid over the phone, this is impossible to prove as nobody retains recorded calls for such a lengthy period of time.

Like I say, you have a couple of accounts so why not leave things a few months then try Natwest for any additional lending, as and when you may need it. If they refuse you then consider writing to the CRA's - I just don't see why McKenzie are wasting money on a debt search (these last for 2yrs on your credit file as well) over a SB debt - it doesn't make sense. Normally McKenzie chase up debts like this when they're already in the last year, ie the 6th year of limitation that's why I am saying make sure you're 100% correct with respect to dates.

[PlanB]

Re: what to do

Hiya



They become SB 6 years after last acknowledgement, or payment whichever came first.

Sorry to be daft (it is early morning) but have I got this right: debts become SB 6 years after last payment even if that payment was made before last acknowledgement? If I stopped paying creditors in 2009 but have been sending all your awesome letters for the last year which clearly relate to each debt, so did the SB clock start ticking from my last 2009 payment even though me and the DCAs continue to converse?

[Deepie]

Re: what to do

Sorry to be daft (it is early morning) but have I got this right: debts become SB 6 years after last payment even if that payment was made before last acknowledgement? If I stopped paying creditors in 2009 but have been sending all your awesome letters for the last year which clearly relate to each debt, so did the SB clock start ticking from my last 2009 payment even though me and the DCAs continue to converse?

Yes SB started after last payment, the letter's you send of Niddy's do not acknowledg the debt

[Never-In-Doubt]

Re: what to do

Sorry to be daft (it is early morning) but have I got this right: debts become SB 6 years after last payment even if that payment was made before last acknowledgement? If I stopped paying creditors in 2009 but have been sending all your awesome letters for the last year which clearly relate to each debt, so did the SB clock start ticking from my last 2009 payment even though me and the DCAs continue to converse?

In the example you use SB would be the date you last paid, as the templates here allude to an alleged debt, none of them say "My debt" (i.e. admittance of debt) However without reading each letter received and replied to I would never presume that as lenders and DCA's like to "think" that by writing in saying bugger-oo you're acknowledging the debt, this is questionable to say the least.

It all depends on what the letter says, whether you're acknowledging it. So lets say they write asking you to pay £10k, and you send back a "Prove it" template, this is not acknowledging anything. If you send a CCA or SAR, likewise it doesn't acknowledge unless you are the person - in which case it's too late and you have acknowledged it. However lets say they ask you to repay, and you write back with a CCA request then ignore them for 5 years, the SB date would not include the CCA request so it'd be the acknowledgement prior to the CCA....

Basically to play it safe, its best to go on the old rule of thumb, 6 years after NO contact guarantees SB.

[Never-In-Doubt]

Re: what to do

Yes SB started after last payment, the letter's you send of Niddy's do not acknowledg the debt

Haha - great minds etc..... see above post ^^^^^

[PlanB]

Re: what to do

Haha - great minds etc..... see above post ^^^^^

Thank God for both your great minds! I admit that I do customise my template letters sometimes so that'll be an "acknowledgement" of the debt situation. So I'll go with Niddy's silence-is-golden approach, which is a pity because I get such a kick out of writing mean spirited letters to DCAs.

But my CRA file will disappear off the radar 6 years after the accounts Defaulted whether I've paid or acknowledged the debt (if I've understood that bit right) so there's something to look forward to. I'll be able to get a credit card when I'm in the OAP home . .

[Older.wiser]

Re: what to do

Hiya

Ok as you're confident that they are definitely statute barred it may be worth telling the CRA's that the entries are incorrect, you have no agreement in place for McKenzie Hall to search your files and you therefore dispute the entries. The CRA's will then contact McKenzie Hall and query it, who will no doubt say the searches are valid and to contact them directly. In such a case, as they're statute barred they cannot lawfully search for "the outstanding debt" as there is no "outstanding" part whatsoever, it's Statute Barred.

Yes, the debt exists but that's all - it cannot be recovered in the traditional sense, and you're under no legal obligation to pay it either, in line with the Limitation Act.

They become SB 6 years after last acknowledgement, or payment whichever came first.

Regards the comment above about phone acknowledgement being 6 years - don't worry about this as it's not quite that simple as they have to have a clear line of proof that you actually admitted liability to the debt, which a simple "stop hassling me" call would not qualify so unless you paid over the phone, this is impossible to prove as nobody retains recorded calls for such a lengthy period of time.

Like I say, you have a couple of accounts so why not leave things a few months then try Natwest for any additional lending, as and when you may need it. If they refuse you then consider writing to the CRA's - I just don't see why McKenzie are wasting money on a debt search (these last for 2yrs on your credit file as well) over a SB debt - it doesn't make sense. Normally McKenzie chase up debts like this when they're already in the last year, ie the 6th year of limitation that's why I am saying make sure you're 100% correct with respect to dates.

I'll take your advice and leave it for the time being i'm happy with what i have a decent current account and a credit card although with a low limit hopefully that might change once i have abit of history.

Yes i'm 100% i've made no payments or made contact with anyone regarding my old debts i was 29 at the time and now i'm 37 so its coming upto 8 years since i stopped making payments.

do the table one searches only appear for a year mkenzie searched 16th sept 2010 so a year on they should go is that right ?

If they do it again they will get my new address and so i'll probably get a letter regarding it at some point.

mum told me to come here and get advice she said your good lol

[Never-In-Doubt]

Re: what to do

I'll take your advice and leave it for the time being i'm happy with what i have a decent current account and a credit card although with a low limit hopefully that might change once i have abit of history.

Yes i'm 100% i've made no payments or made contact with anyone regarding my old debts i was 29 at the time and now i'm 37 so its coming upto 8 years since i stopped making payments.

do the table one searches only appear for a year mkenzie searched 16th sept 2010 so a year on they should go is that right ?

If they do it again they will get my new address and so i'll probably get a letter regarding it at some point.

mum told me to come here and get advice she said your good lol

Hiya

Are you Mrs Wisers kid then?

I thought you were her (you should have joined)......

Debt Searches last 2 years, so if they searched in Sept 2010 these will go next September, however more to the point on a SB debt they have no right to search, plus these debt traces will be held against you so it may be worth fighting for removal, its really upto you...?

Either fight for removal or sit tight, in any case the outcome will be the same - you're kinda debt free as far as the past goes

[Older.wiser]

Re: what to do

the debt searches only appear on equifax not experian which is why i've only just noticed. i'm reluctant to get in touch so for the moment i'll leave it. It didn't stop me getting a capital one credit card or a natwest current account but i know it will have an adverse affect on my credit file until they drop off. how they are allowed to search someones file on a table one basis for a debt nearly 8 yrs old is beyond me but i've read equifax allow this much to the disdain of alot of people.