Lost with Hillesden Securities and Limitations Act

[irhut]

Hello everyone,

 

I posted this in another thread, but I think it may have been a thread that was too old, so I have started a new one.

 

I had lots of financial problems a few years back but 4 years ago I paid off all my debts - or so I thought. Since paying them off I have had a mortgage with Northern Rock which was accepted with no problems. I have been trying hard to rebuild my credit rating by very sensibly using a credit card from capital one and I thought all was great.

 

Two weeks ago my partner and I had a mortgage turned down because an Experian credit check shows a defaulted entry for Hillesden Securities for over £1000. This was a great shock because I thought I had paid all the debts. I can't remember this company, but bear in mind I was in debt with at least 10! But I can't have had a letter from them for at least 4 years because I paid all my debts of 4 years ago and have not had any threatening letters since that time.

 

I have read about the Limitations Act

 

"Should the creditor fail to maintain contact with the debtor, for a period of 6 years or more, it is possible to claim that the outstanding debt is "Statute Barred" under the conditions of the Limitations Act 1980."

 

However, I do not know when the last time Hillesden Securities tried to contact me or even if they ever have. Also the debt is registered with an address that I lived at over six years ago, if Hillesden Securities have tried to contact me at this address then presumably they could argue that they have tried to maintain contact. Also if I contact them to ask about all of this then presumably the six year period starts all over again.

 

I really don't know what to do. If anyone has any advice I would really appreciate it, I am starting to feel like I did 4 years ago when I was in so much debt - thought this was all behind me.

 

Thanks for any help

 

Ian edited

[Bigmac versus]

Hi Ian and welcome to the forum.

By contacting the DCA you are in no way admitting any debt that they claim you owe. You shoud send for your credit report to check the details and then send the DCA a CCA request to substantiate the information on your file.

[Bigmac versus]

Have moved your thread to the DCA forum where you will get lots of advice. The last time you put this up was on someone elses thread so best to keep all updates on this thread so peeps can follow your story and offer help if required.

[irhut]

Thanks Bigmac. I was suddenly worried because I realise that I have posted this in the wrong part of the forum - sorry about that.

 

I have included the credit report entry below. Does anyone know what File updated for period to means? Is the date significant here?

I will now write to Hillesden to find out what it is all about.

Ian

 

Entry Number:

Name and address:

Date of birth:

Company name:

HILLESDEN SECURITIES LIMITED

Account type:

Credit Card / Store Card

Started:

15/01/2000

Default Balance:

£1,299

Current Balance:

£1,020

Defaulted On:

06/02/2002

File updated for period to:

21/03/2004

Status History:

(brackets indicate most recent status)

[ ]

[Monty2007]

This sounds unfair but you have hardly lost given the fact that you did not have the opportunity to defend!

[irhut]

Sorry Monty, I am not sure what you mean.

 

Ian

[Bigmac versus]

This means it was updated on 21/03/2004 and that was the last time it was updated, The default you refer to will be 6 yrs old next month.

[Bigmac versus]

In regards to above.

Did you receive the default notice, if not you could fight this but as it looks likely to be removed shortly I would leave it for now.

[irhut]

Thank you again.

 

I thought that the six years was from the time that they last tried to contact you, not from when it was defaulted. The trouble is, I don't know when they last tried to contact me because they may have been writing to the original address. I am worried that if I contact them, then they will then contact me, thus starting the whole process all over again.

 

Just on another topic why on the credit entry below is a loan that was satisfied 2 years ago still having the file updated in 2007. File updated for period to:

04/02/2007

 

 

 

Account type:

Loan

Started:

22/11/2000

Default Balance:

£2,776

Current Balance:

Satisfied

Repayment Period:

Monthly Payment £71 over 84months

Defaulted On:

10/02/2004

File updated for period to:

04/02/2007

Status History:

(brackets indicate most recent status)

[ ]

 

 

Thanks again, this is a fantastic forum!

 

Ian

[Bigmac versus]

Ian that loan has been satisfied but not before it was defaulted,a default stays on your credit file for six years.

[irhut]

Ok, I was only querying it because with all the other loans that have been satisfied on my credit report the File updated for period to shows the date 2004 which was when all debts were paid off. I just wondered why that particular entry is the only one where the File updated for period to shows 2007.

 

Ian

[Bigmac versus]

They are the ony ones who have bothered to update.

[irhut]

LOL, simple enough answer! Thanks for all your help. I think I will just leave the other thing for at least another month. I am nervous about writing to them, but I just want to sort my credit rating out. I am so annoyed about the whole thing, I thought I had sorted my life out!

 

Ian

[Bigmac versus]

You have and what you shoud do is wait until after this time then request a copy of your credit file.

[irhut]

When I first saw the debt on my credit check I wrote to experian explaining the problem. They have just sent the following reply

 

Thank you for your query received on 05 January 2008.In view of your comments about Hillesden Securities, I am writing to them for you. This is because I cannot amend your report without their consent. I will let you know what they say as soon as they reply.While I investigate your comments, I am adding the following statement to the entries you have queried."THE ACCURACY OF THIS DATA HAS BEEN DISPUTED BY THE INDIVIDUAL CONCERNED AND WE HAVE NOW CONTACTED THE SUBSCRIBER. CARE SHOULD THEREFORE BE TAKEN WHEN USING THIS ITEM OF DATA TO ASSESS THE CREDITWORTHINESS OF THE INDIVIDUAL CONCERNED."Your report will change in the next seven days. Please use this correspondence if you need proof in the meantime.I am telling all the companies that have searched your credit report in the last six months of the change to your information.

 

I had decided to do nothing until next month when the debt would be over 6 years old as advised here. Should I be worried about experian contacting them?

 

Cheers

 

Ian