Can An Overdraft Become Statute Barred?

[Wee Jock McPlop]

Last year I recieved a replacement debit card from an online only Alliance & Leicester account which I had long since stopped using. I cut it up and returned it requesting that the account be closed and any balance sent to me by cheque, I was expecting less than £1. What I got was a reply telling me that it could not be closed as there was an overdraft balance of around £100, although this is within the £250 authorised limit they want it repaid before closing the account. Because the balance is within allowed limits they'd never requested its repayment before.

 

I do not receive posted statements for the account, just e-mail reminders that my account is available to view. I also cannot remember when the last time I accessed the account was - I'd guess that it's about 7 years ago, it's certainly over 6 anyway - and I have requested this of Santander (who bought up A&L a while back) although they have not yet answered this request.

 

I genuinely cannot remember when I last used the account at all, and I genuinely cannot figure out how the account became overdrawn. I asked for details of the transaction(s) which took it from credit to debit balance, and again they have not responded - well they responded by sending me a printed statement for the last 6 months, not very useful when I'm looking for transactions from 6 years ago!

 

Would the last time I accessed the account be considered the last time the debt (if indeed there is one) was acknowledge? If so, assuming it was indeed over 5 years ago (the Scottish limit), could I reject it as statute barred? I was clear when I wrote to them that the requests I made were not an acknowledgement of any debt.

[dx100uk]

your last financial transaction would be the date.

 

and yep sb'ed then.

 

dx

[Wee Jock McPlop]

Cheers. That's probably why they are not answering my request as they know what's coming next! A wee letter to their complaints office methinks now!