Accounts no longer on credit report - what now

by wokeup Tue Oct 26, 2021 5:42 am

I have seen on Clearscore that my defaults for Capital One and Barclays are not showing anymore. I have followed the three letters in the past with PRA and Lowell. The Barclays was 15 k+ and Capital one 5k+. After the debt was passed on to DCA's, I carried the same three letter process and both have been harassing me with bombardment of letters to befriend them.

The Barclays default disappeared about 3 months ago as I believe it became statute barred, though I never got the chance to write about this status on alleged debt.

Wrote to Lowell about 6 weeks ago with a final 3rd letter (new ammended letters) and just seen that the default does not show on Clearscore.

by **Mrblue2015** Tue Oct 26, 2021 7:53 am

Good morning wokeup.

Accounts that ‘drop off’ from your credit report do not necessarily mean you no longer owe the respective, alleged debts from a legal point of view.

When an alleged debt becomes statute barred, which is six years for England and Wales and five years for Scotland, it is no longer legally enforceable.

The statute barred clocks starts from the default notice expiry date. So long as from that date: -

1) you do not make any payments towards the alleged debt
2) you never admit that any alleged debt exists

Then the alleged debt will become statute barred six or five years after that default notice expiry date.

If, as an example, you acknowledge or make a payment three years after the default notice expiry date, the clock resets i.e. for England and Wales you’d end up waiting nine years over all in the end for statute barred to become applicable.

by wokeup Tue Oct 26, 2021 6:34 pm

I think I have passed the default dates for over 6 yrs now for both and never accepted any debt or made a payment. Can they still pass on the debt to another DCA. I wote within ammended letters , believe the second one that they won't sell the debt furher. So would it come back to show on my credit file again.Thanks

by **Mrblue2015** Wed Oct 27, 2021 8:30 am

If the accounts have dropped from your credit report, they cannot return. And if the six (for England and Wales) and five (for Scotland) years have now passed without you ever making a payment or acknowledging that you owe and alleged debt, then they are no longer legally enforceable. It's as simple as that (and the debt purchasers know that...)

But they might still try their luck (bless the ignorant idiots...). If you ever hear from another debt purchaser or debt collection agent (DCA) again, you simply need to write the following:

Any alleged outstanding balance that may be owed is statute barred under the Limitations Act. From the FCA Handbook CONC 7.15.8: a firm must not continue to demand payment after it has been stated that he will not be paying the debt because it is statute barred.

You no longer need to follow the template letters etc. But if a debt purchaser is even more stupid, to the point where they try to make a claim, you will use the Limitations Act as part of your defence and the debt purchaser would then have to prove that it's less than six / five years and that you had made a payment / had acknowledged the debt in writing. Well, good luck with that IF what you have been telling us so far is accurate.

by **Mrblue2015** Wed Oct 27, 2021 8:43 am

Also:

I have renamed your post to a more meaningful title, from 'Is my case closed or not?' to Accounts no longer on credit report - what now

by wokeup Thu Oct 28, 2021 12:36 pm

Thankyou, that is more appropriate.

by **Mrblue2015** Thu Oct 28, 2021 9:05 pm

You’re welcome. I hope we have helped.

by wokeup Tue Nov 02, 2021 9:24 am

That was great. Absolutely fantastic help from this forum and all the guidance. Yes, persistence is required to get the leaches off. Very much appreciated Sir.

by **LionsShare** Tue Nov 02, 2021 12:12 pm

goes to show when information given from those with experience is followed, exactly what can be acheived!

by wokeup Tue Nov 02, 2021 2:20 pm

LionsShare wrote:goes to show when information given from those with experience is followed, exactly what can be acheived!

Ofcourse, would have been in a slaughter house otherwise. Still there would be millions I guess in this country who would not know about this forum and guys like you and the remedies that are available. I guess the older forum was easier to find, don't know what happened there. After loosing the old forum , it took me a lot effort to find the new name.
Very much appreciated.Thanks to all.

by **Mrblue2015** Tue Nov 02, 2021 2:23 pm

welcome back buddy

by wokeup Tue Nov 02, 2021 2:23 pm

Mrblue2015 wrote:If the accounts have dropped from your credit report, they cannot return. And if the six (for England and Wales) and five (for Scotland) years have now passed without you ever making a payment or acknowledging that you owe and alleged debt, then they are no longer legally enforceable. It's as simple as that (and the debt purchasers know that...)

But they might still try their luck (bless the ignorant idiots...). If you ever hear from another debt purchaser or debt collection agent (DCA) again, you simply need to write the following:

Any alleged outstanding balance that may be owed is statute barred under the Limitations Act. From the FCA Handbook CONC 7.15.8: a firm must not continue to demand payment after it has been stated that he will not be paying the debt because it is statute barred.

You no longer need to follow the template letters etc. But if a debt purchaser is even more stupid, to the point where they try to make a claim, you will use the Limitations Act as part of your defence and the debt purchaser would then have to prove that it's less than six / five years and that you had made a payment / had acknowledged the debt in writing. Well, good luck with that IF what you have been telling us so far is accurate.

Thanks a lot for this insight, makes all the difference and extra strength to carry on. Much appreciated

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Accounts no longer on credit report - what now

Accounts no longer on credit report - what now

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Re: Accounts no longer on credit report - what now

Re: Accounts no longer on credit report - what now

Re: Accounts no longer on credit report - what now

Re: Accounts no longer on credit report - what now

Re: Accounts no longer on credit report - what now

Re: Accounts no longer on credit report - what now

Re: Accounts no longer on credit report - what now

Re: Accounts no longer on credit report - what now

Re: Accounts no longer on credit report - what now

Re: Accounts no longer on credit report - what now

Re: Accounts no longer on credit report - what now