Bank of Scotland Overdraft

[HateBanks]

I have a Bank O/D which I just stopped using in 2011, transferred benefit payment to a basic bank a/c , they list on my Credit report at an old address as " sustained arrears over three months but you have agreed new repayments with the lender " which I haven't , I havn't been in touch with them for 5 years, BUT , they have taken to sending a new debit card to old address for the last two years, which I guess is a ploy to keep the clock ticking, but with overdrafts, I didn't think there was a clock ! I could advise them of change of address, but they can see that on Credit Reference Agency report.

I guess there is some automated process which just keeps issuing 1 year debit cards to the old address. I cant pay the O/D off. Leaving alone. Balance been the same for 5 years. No other correspondence sent to old address at all.

 

Just worried it shows as an open account , despite no contact from me with them for years. As it's an overdraft , should I just continue to ignore ?

[maroondevo52]

Hi,

 

Have the bank ever formally requested repayment of the overdraft.

[HateBanks]

maroondevo52

 

No they haven't - the only correspondence , ( memory may need verifying ) has been them sending cards to old address for at least the last 2 years, but no contact with me .

Edit

Actually it may have been 2009 last used, the data goes back to 2010 on Noddle.

[maroondevo52]

I'm sure with overdrafts we are of the opinion that the Statute Barred date starts from when the Original Creditor first demanded the full balance in a letter.

 

Sorry, I've just realised that's not the question your asking.

 

If they have never demanded full payment of the overdraft the account will still be open, as they would not be sending you new cards.

 

You can always ask the CRA's to amend the wrong entry on your file.

[HateBanks]

maroondevo52 - Thank you anyway, because that is the issue for me, to just let sleeping dogs lie ... or advise address change and negotiate, they were very unhelpful when i asked for help years ago. It's strange that there is no agreement , but listed as "new payments agreed" or words to that effect. I probably destroyed documents in an ill health manic phase several years ago.

[HateBanks]

maroondevo52 - Ah, just read your update - I'm not sure if I want to poke the wasps nest because they're not asking me for repayment or contacting me in any way at the moment. They actually stopped On Line banking facility in 2009 / 2010 , and as I had exceeded Overdraft Facility ( not proud of this but did explain ill health at the time and proposed plan which their "underwriters" rejected ) . So they send cards for an unusable account which has essentially been dormant for years. I have no idea how the outstanding balance is constituted , i.e. what I spent and what they charged. Grateful your thoughts, thank you.

[AndyOrch]

" BUT , they have taken to sending a new debit card to old address for the last two years, which I guess is a ploy to keep the clock ticking, but with overdrafts, I didn't think there was a clock ! "

 

Statute of Limitations is also applicable to overdrafts...sending new cards to wherever is irrelevant...I would keep quiet for say another 8 months and it should be dead.

 

" I just stopped using in 2011 "

 

5 years if you are in Scotland and 6 for England

[HateBanks]

andyorch - thank you very much indeed, I will take your advice.

Edit - I think the last communication and use of the account WAS 2009, but charges were added after that

The Credit Ref File shows 6 years and the balance has been the same since Aug 2011 ......

[maroondevo52]

andyorch - thank you very much indeed, I will take your advice.

 

Come back and tell us how you get on

Looks like I may have to look into my advice regarding overdrafts and statute barring.

[HateBanks]

CRedit File Comment is

" agreed repayments are more than three months behind, but you have agreed new repayments with the lender " which I haven't .....

[HateBanks]

I have checked, and think the last communication from them to me was June 2009 and reply from me July 2009.

Since then they have sent cards to old address and report on my credit file as above. I notice the credit has not been updated EDIT since the end of APRIL.

So , is this now Statute Barred ?

Many thanks for all your help

[maroondevo52]

Hi,

 

You say the last communication was from them to you in June 2009, so your last payment on this account would be before then, I'd say it will be statute barred.

In Scotland after a period of 5 years, a statute barred debt ceases to exist and is no longer recoverable.

[HateBanks]

Maroondevon 52 - Thank you very much ! The account was openend in Scotland but I was in England at the time I ceased paying in to it, and pleading with them for help.

 

There is six years history on Credit Reference Agency file, will this remain there for another six years ?

 

Many thanks to everyone and CAG for all your help.

 

Kind regards,

[HateBanks]

I'm told that as they haven't called in the overdraft and demanded repayment, it will just keep rolling along, and it is only when they do that the clock starts ticking.... so looks like will go to grave with me, because they can argue they communicated with me ( sending debit cards to old address - even though never acknowledged / activated & the account has had no activity) and even though I haven't agreed , the statement on the credit report says

 

" agreed repayments are more than three months behind, but you have agreed new repayments with the lender " which I haven't .....

[AndyOrch]

Well if they ever tried to litigate on it and you argued statute barred...they would look rather silly for relying on a recall /termination notice issued 10 years after the account laid dormant.

 

Andy

[HateBanks]

andyorch - thank you very much, the problem is that the clock doesn't start until they recall , which they could do any time. I agree it may look rather silly as you say, but why would that stop them ?

 

I would probably seek to negotiate penalty fees , charges etc which make up a lot of the balance, then suggest then complain on grounds of failings under Banking Conduct of Business (????? )regs

 

From their point of view i guess it's in their interest to leave it open even if inactive and at least give themselves the option to try and collect... GROAN

I think there is a mental health code of practice which is voluntary which is meant to inform how they deal with me ..... but I'm not going to hold my breath.

 

andyorch - you said above

"

statute of limitations is also applicable to overdrafts...sending new cards to wherever is irrelevant...I would keep quiet for say another 8 months and it should be dead."

 

but I understand this is from them calling it in ....so could go to the grave but guess more likely to court first ..

[AndyOrch]

Well there already 7 years late.....they can argue what cause of they like...a court would not tolerate a claimant extending the space and time to suit their claim...they also have to follow the ICO guidlines on defaults and it should be placed within 3 months of the breach.

[HateBanks]

andyorch , thank you, so are you saying that when I exceeded the overdraft limit and they refused to increase it and I then stopped using the account , they had to default it after three months, the last written comms i can see was 2009, because what they report on credit ref agency is it going 1, 2, 3, 4,5,6 months in arrears then from July 2011, the same statement every month since.

 

" agreed repayments are more than three months behind, but you have agreed new repayments with the lender " which I haven't .....

[AndyOrch]

Precisely.....that statement is their cause of action...whether they wish to act on it and default it is their choice...but they cant come back and then state the cause of action starts when we feel like imposing it.

 

I personally would forget about it...

[HateBanks]

Thank you andyorch , forgetting most things isn't a problem, but these things are ! I'll try and take your advice.