Statute Barred

by T J Hooker Fri Nov 03, 2017 10:52 am

I'm assuming law in England and Ireland are similar. We have 6 years as the limit.

My question, from what date do the 6 years limit begin?

How do I go about getting something taken off my credit rating if it's fallen into statute barred?

I did the 3 letters years ago, they never furnished proof and I left it and they're all still on my credit report

by Tiggy Fri Nov 03, 2017 11:49 am

T J Hooker wrote:I'm assuming law in England and Ireland are similar. We have 6 years as the limit.

My question, from what date do the 6 years limit begin?

How do I go about getting something taken off my credit rating if it's fallen into statute barred?

I did the 3 letters years ago, they never furnished proof and I left it and they're all still on my credit report

If it's Northern Ireland then the Limitations Act 1980 doesn't apply, you'd have to look what the equivalent in NI is.

The date it starts depends upon the type of debt, for those covered by the Consumer Credit Act it's the date they issued the formal default notice, for other contracts it's the date the contract was terminated.

On your credit file the 6 years starts from your initial default of the account (this is different to the issue of a formal default notice) it should fall off automatically. If it hasn't then be careful about getting it removed as it could be months before the statute barred date is reached and you could inadvertently acknowledge the debt and reset the 6 year SB date.

by T J Hooker Fri Nov 03, 2017 1:57 pm

So is that the day the original lender sent that or is the the date the dca sent their one

by Tiggy Fri Nov 03, 2017 2:27 pm

The default notice ? Has to be the Original Creditor.

For your credit file a DCA cannot add their own default, they can only take over the default posted by the original creditor.

by T J Hooker Fri Nov 03, 2017 2:54 pm

And if there's been communication in terms of the three letters etc, it won't effect the 6 years date?

by T J Hooker Fri Nov 03, 2017 10:35 pm

If I sent the three letters and they didn't send any evidence, how do i get it removed from my credit rating given that according to the consumer credit act it's a breach of data law isn't it?

by Tiggy Fri Nov 03, 2017 11:08 pm

T J Hooker wrote:If I sent the three letters and they didn't send any evidence, how do i get it removed from my credit rating given that according to the consumer credit act it's a breach of data law isn't it?

Data law has nothing to do with the Consumer Credit Act. The CCA says it's unenforceable in court without a copy of the agreement, that doesn't mean the debt isn't due and owing.

You could ask for the entry to be removed, but again I would caution you to be careful with that.

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