Default for Debt Not On Credit File

[Marky2]

I have recently received a collection letter from a debt from a few years ago, but I don't beleive it to be stature barred yet because of the time elapsed is not great enough (I think I made payments up to 2005, but the actual debt is from 2002).

 

I recently got a copy of my credit file from Call Credit, and the account that this debt collection letter relates to is not on my file. My question is, can the DCA leave any negative feedback on my credit file as there is no account on it at the time of writing? Does an account have to be on there for negative information to be added?

 

Am I safe in just fobbing them off for another couple of years until the debt is statute barred? I cannot afford any negative information on what is now a fairly healthy credit report with little or no black marks on it.

 

Your help will be appreciate, thanks in advance.

[Bazooka Boo]

I have recently received a collection letter from a debt from a few years ago

 

Statute Barred (SB) debts are only evident after a period of 6 years (5 in Scotland) has eloapsed after a payment or acknowledgement, in writing, has been received or can be produced.

 

My question is, can the DCA leave any negative feedback on my credit file as there is no account on it at the time of writing?

Put simply yes. As long as the information on your credit file is 'factually' correct, ie, you owe a debt, then it can be placed on your file. However, any default that is older than 6 years will normally 'drop off' your file automatically.

That said, it is not uncommon for a Statute barred debt to re-appear on your file after this time because it has been sold on from one DCA to another, again there are other procedures you may need to follow in order to have this removed from your file.

 

Does an account have to be on there for negative information to be added?

No, if you attempt to obtain credit anywhere, then they may do a search on your file, for example: I wanted to bet onlne this year for the Grand National, placed my bet.....lost!!!... and then when I checked my credit file later this year I found that they had done a search on my file. Nothing good or bad on it, they just did a check?!?!?!

 

Am I safe in just fobbing them off for another couple of years until the debt is statute barred?

That really does depend.

If your credit rating means as much to you as water does to a gold fish, then no.

Just because a debt becomes SB does not mean that you will never be chased and asked for payment again by a DCA.

Granted there are procedures in place so that you can complain about any subsequent DCA who chases you for payment.

But you should remember that, 'if' your debt is sold on between one DCA and another, then as long as the debt exists they can put a marker on your file saying that the debt is outstanding, no matter how old it is, as the information is 'factually' correct.

 

Numerous complaints to the ICO have resulted in the above response.

 

That said, print off a couple of SB letters and take a look at any others you may need to print off in advance!

[make them aktiv runners]

Call Credit are not the only CRA. Information could be reported on 1,2 or even all 3 CRA's. The other 2 are Experian & Equifax.