What happens to credit record after defaults were issued more than six years ago

[masjntt]

Hi all just a quick query, Further to my previous posts the general opinion of those on here was for me to send a statue barred letter to a DCA who has recently contacetd me about an old debt.

 

I ve sent the letter via recorded delivery and just wondered whether the DCA had to respond either way within a set period of time?

 

If anyone can confirm either way what the process should be will be greatly appreciated

 

Thanks x

[Pinky69]

There's no time scale for this. If they accept what you say - and legally they have to - then you may simply never hear from them again.

[masjntt]

Thanks for that Pinky69 - guess as like most things its just another waiting game lol x

[riverstyx]

Yep, I'm in much the same position right now, although in my case the DCA concerned have admitted verbally (and I have a recording of the call to back this up) that the debt is indeed statute barred and hece unenforcable, but that they intend to carry on writing letters chasing the payment anyway!

 

I sent a letter recorded delivery on thursday (see my thread debt managers ltd / call serve) advising that I have already submitted a complaint to the OFT following the above telephone conversation, but that I would take this complaint further if I did not receive confirmation that the matter was closed, or if I received any further letters chasing the debt.

 

The main thing I think is to keep a copy of your letter, and the proof of delivery indefinately, as it is entirely possible that they will stop chasing themselves, but then just sell the debt on again and you may end up being contacted by someone else months or even years down the line.

 

Of course if you do continue to receive threats from them, then a complaint to the OFT, their local trading standards, and maybe even a court claim for harassment may be the way to proceed, or you can just ignore their letters knowing full well that they have no enforcement options available to them...

[masjntt]

Thanks Riverstyx, nice to know im not only person out there with these probs lol, sounds like you've had an eventful time with the DCAs but you've come through it and given me some tips.

 

Hope everything works out ok for you x

[masjntt]

**UPDATE**

I posted the Satute Barred Letter via rec del and accoring to royal mail website it was signed for on Tues morning.

 

On the advice from others I sent this letter to the DCA as its almost 6 years to the date of default in the hope that they cannot prove that this debt is not statute barred.

 

In the event that its not statute barred and they are able to prove it do you think that its likely that they wil be intouch fairly quickly? Am getting anxious each morning when postie arrives, just cant seem to help it lol

 

Any thoughts on this?

[jster$$$]

Hi Masjntt

 

Do not ever acknowledge any debt. As soon as you do the 6 year time limit will start again from the moment you do.

 

Always head letters with something like "I do no acknowledge any debt"

 

It seems to me they are trying their luck, there are lots of dodgy DCA which will purchase very old debts (very very cheaply) in the hope the debtor will acknowledge so that will give them 6 more years in which to harass you.

 

Personally I would ignore them:grin:

[Pinky69]

It isn't easy but try not to worry. Even if isn't quite at the Statute Barred date, as long as you don't acknowledge the debt or make any payment, that date will come and then you can tell them to go away, or words to that effect. If they still try to pursue the debt after that, it's a complaint to their complaints department followed up by a complaint to the Financial Ombudsman Service. They no longer have the power to worry you - you have taken that off them taking control.

[masjntt]

Thanks both x Will sit it out and see how things progress x

[masjntt]

Hi

 

I got into debt some years back and was issued with default notices only. I understand that a default lasts six years from the date of issue.

 

Based on that info my defaults "expire - if u like" in Aug 09. Will these automatically come off my credit file or do I need to request their removal {if so how do I go about it??}

 

How will my credit rating then be interpreted for future credit applications etc?? I ve kept my head above water and am in much better control of my finances now and ideally at some point in the near future would like to try and get on the property ladder if I can, so just wondering if obtaining a mortgage in the future is going to be possible I guess x

 

Thanks x

[dpick]

Hi I had a default on my file that expired on 18 Feb 2008 I checked early in Feb still on file when I had chance to check again on the 20 Feb it was gone.

 

dpick

[masjntt]

Cheers dpick - based on your experience then I assume they automatically come off your file after the six year period, just wonder if it will still affect credit score for the future once its off my file??

 

Thanks x

[dpick]

could not tell you I still got some of the buggers

 

dpick

[Helmetfire]

I had five defaults that have all dropped off of my now shiny clean credit files:D

 

Defaults are like warts...'orrible little things that drop off eventually!

[diskmandave]

It pays to check your credit files regularly, Barclaycard tried to re-invent 2 defaults on me after they had dropped off, I had to go down a somewhat drawn out complaints route to get them removed.

[benjy48]

Hello be aware that I believe only satisfied defaults are dropped off after 6 years. I have had a couple going back further but because of an payment arrangement they are still on my file. Also I noticed that when the debt is passed on to other debt collection companies, they try to keep the default on your record too.

[Helmetfire]

Hello be aware that I believe only satisfied defaults are dropped off after 6 years. I have had a couple going back further but because of an payment arrangement they are still on my file. Also I noticed that when the debt is passed on to other debt collection companies, they try to keep the default on your record too.

 

Certainly not the case with mine....all five dropped off...I was defaulted over 8 years ago and had been paying them off until I found this site;)

 

I am however going to check them again to see that none have reappeared out of spite if you know what I mean;)

[marcander]

I had 3 defaults in 2002 on debts which I have continued to pay by way of informal temporary arrangement. I am still actually paying them now and they were already removed from my credit files when I first whecked them in 2008. The 3 debts are with 2 DCAs and one original lender and all 3 do not now appear in any shape or form on my credit file so I believe now that there must be some reason that after 6 years the default drops off the credit file and so too does any mention of the account. It is too co-incidental for all three to just happen to not file any markers on my credit files. I presume that if the default has to be removed after 6 years then the account cannot be showing because it would continue to show the default.

 

Anyways many thanks for the advice,

 

regards

 

M

[marcander]

I have posted this on another debt forum as I could not seem to get a clear answer. I had 3 defaults on 3 debts in 2002. I have from that day to this continued to pay reduced amounts on temporary informal arrangements. They are reviewed every 6 to 12 months. I started checking my credit files about 18 months ago and I was surprised to find no mention of the original defaults or even the ongoing payment arrangements. My credit files/scores are excellent.

 

I have now had it from the horses mouth so to speak, ( a consumer education manager from Experian). All DEFAULTS without exception are removed from credit files after 6 years. If they do not drop off then make sure you demand this from the CRA. It is your right. No exceptions. Removal is the rule even if you have never paid a penny or like me you are still paying on an arrangement. The creditor can put any accurate information on your file within the 6 years from date of default. After 6 years from date of default he can not put any information concerning that debt on your file. Nor can he default you again, nor can anyone else default you for the same debt. Once 6 years has passed from the default date then all information relating to that debt has to be removed whether paid off or not. If the debt is not statute barred then the creditor can still pursue you but he cannot report to the CRA.

 

Hope this is helpful,

 

regards;)

[zbzb]

Hi,

 

Can someone pls help me or give me answer.

 

I had 4 defaults on my credit history I am paying my debs but I still have some.

Is it worth to pay it? I am not going to get any loan or mortgage for 6 years, after 6 years it is going to disappear or will be removed so is it worth to keep paying money?

 

thanks

[99point99]

Hello be aware that I believe only satisfied defaults are dropped off after 6 years. I have had a couple going back further but because of an payment arrangement they are still on my file. Also I noticed that when the debt is passed on to other debt collection companies, they try to keep the default on your record too.

 

Just came across this post as a similar thing has happened to me, I paid off a credit card in May 2007 yet I still see the debt history as far back as 2004 - sadly there is a 'late payment' in Jan 2005 which was so long ago I can't for the life of me think why it happened! Surely this is unfair?!

[marcander]

Hi, Information regarding accounts stays on your credit file for 6 years. Searches stay on for 12 months and are normally then deleted. I would ask the cra to remove any references older than 6 years. The Information Commissioner's Office has decided that 6 years is about long enough for any references, good or bad.

 

What happens with defaults is also subject to 6 years, (not to be confused with Statute Barred 6 years, that's a different matter). When a default is issued it is entered on the credit file. Exactly 6 years after the date of issue of default must be removed from the credit file, and so too must any reference to that credit account. If it is not you should request it's removal and any reference to the debt by the credit ref agency. They will do it. They will contact the creditor and it will be removed. This is the case whether the debt has been paid off in full, partially paid formally or informally or even if nothing has been paid at all, since default. The reason for this is that, lets say Mr A got a default 6 years ago today and paid nothing since default for whatever reason, then his default would be removed today and there would be absolutely no reference to that defaulted debt. It disappears off his file completely. Mr B gets a default 6 years ago today and struggles but manages to pay something every month on an informal arrangement, then even though he might still be making payments his default and payment records for that debt are removed, completely. Otherwise the payer would be at a disadvantage to the non-payer and that (according to the ICO) would be unfair.

 

I was defaulted on a number of debts in 2002 and I have been paying informal but increasing monthly amounts over the last 10 years and there are now no references to any of those debts on my credit files even though I have just won a stay on a county court claim when one of the debts was assigned from Eegg to Bcard then to Arrrooww brncartr. They wanted more and more and threatened all kinds finally starting a county court claim. They have not been able to produce a CCA or any other evidence so its a stalemate at the moment even though I have stopped paying. But as much as they would like to, and have threatened to, they cannot put any information relating to that debt on my cra files. Fact.

 

An example of this was in 2002 I suffered ill health and fell behind with payments to, among others, Barclaycardd. There was PPI on the card and I tried to claim to help with the payments but of course they didn't cover my illness. (will be putting a PPI claim in this week). Anyways, I managed to get the debt written off and then to my surprise in 2009 when I started checking my cr files there was a missed payments record being updated every month by Bcard. I complained to Equifax and they sorted it out within a month. No mention since.

 

Anyways, if you have debt with missed or late payments then those records will exist for 6 years. As you move on a month then a month drops off. If you are defaulted then all references to the default and associated debt must be removed after 6 years from date of default.

 

Hope this helps,

 

regards

M.

[99point99]

Thanks M, I am going to call Experian today and ask them why they are keeping 8 year old Barclaycard credit account records when they shouldn't be holding anything past 6 years! Will post their reply later.

 

B

[99point99]

Just got off the phone with Experian and they informed me that the information for closed/paid off accounts will remain visible for 6 years from the date that the account was closed (in My case May 2007). So that means my credit files will only completely dissappear next year May 2013 - they wont drop off gradually, but all in one go apparently. Somy credit records from Barclaycard in 2004 that are still visible to lenders will REMAIN visible to lenders for another year at least - meaning that my credit report files will actually be visible for 9 years.

This is unbelievable.

[marcander]

Well I would certainly pursue the matter of the recording of the 2004 Barclaycard account. As long as there has been a default or the account is closed then the ICO sees no reason to keep it on longer than 6 years. This doesnt apply to accounts still running of course. I would complain to both the CRA and Original creditor and challenge both as to why a record from 2004 needs to still be visible to others today.

 

M,