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Statute barred and CRAs

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Hi all ...

 

Good news is that I have more or less got most of my creditors to accept the statute barred nature of the majority of my debts. However, despite the majority of them them reluctantly accepting the situation, they have all said that they will not put satisfied against my credit file entries ? is this correct ?

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I think you're correct.

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If the debts are Stat barred, they should not be on your file.

 

If the DCA's have recently registered them, then you will have recourse to have them removed (through the Court if necessary)

 

Jogs

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I thought SB only prevented collection activity but didn't wipe the slate clean so to speak. There is a whole debate going on at the moment about the student loans company placing marks on people's credit files who have SB accounts that haven't been settled.

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I thought SB only prevented collection activity but didn't wipe the slate clean so to speak. There is a whole debate going on at the moment about the student loans company placing marks on people's credit files who have SB accounts that haven't been settled.

 

But the account has already run it's course (six years on the CRA file)

 

I'm certain that a DCA cannot put it back on file.

 

JOgs

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its the dca old trick

 

registering a default when they get the account,

not when the default was first put on the cra by the oc

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So does it stop when you notify the OC it's statute barred and then you have to wait 6 years for it to drop off the file or can they just keep on marking your file?

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you sar the original creditor to find a copy of the original default notice

 

then its some seriouse dca a*&e kicking

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as allready stated

if a debt is statute barred

it should not be even on your credit file

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as allready stated

if a debt is statute barred

it should not be even on your credit file

 

Not entirely correct.

 

Statute barred occurs 6 years after last payment (or missed payment if it relates to the first ever payment).

 

CRA record stays on for 6 years after default. Default notices result in default recording on CRA which should be within a reasonable time after the last payment, a maximum of 3 or 6 months is in ICO guidelines for default reporting.

 

If a record became statute barred today it would still be on CRA record due to the default itself not being 6 years old.

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As far as I know and understand it's an unfair DCA practice to register defaults with a CRA if the debt is no longer enforcable, so I would assume the same would apply to original creditors.

 

Just a quick look at the OFT guidance I have states:

 

'continuing to press for payment after a debtor has stated they will not be paying because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970'.

 

That harassment could extend to the creditor purposely using a CRA to damage your credit rating.

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