Statute Barred show up on your credit file

[Pockey-dynamite]

If a loan is now Statute Barred, would this show up as default on your credit file after 6 years?

 

Thanks

[Huff&Puff]

It certainly shouldn't do, and you have grounds for complaint if it does.

[Pockey-dynamite]

thanks

[dx100uk]

yes it can, ........ in a way.

 

but only if a default/marker is placed in the 6yrs prior to the statute barred date. Then that marker/default will remain for 6yrs from its issue. so effectively, lets say the default/marker was placed in the last month before statute barring, it could show as a debt for almost 12yrs.

 

but once a debt is statute barred a default/marker should not be added.

 

dx

[Pockey-dynamite]

yes it can, ........ in a way.

 

but only if a default/marker is placed in the 6yrs prior to the statute barred date. Then that marker/default will remain for 6yrs from its issue. so effectively, lets say the default/marker was placed in the last month before statute barring, it could show as a debt for almost 12yrs.

 

but once a debt is statute barred a default/marker should not be added.

 

dx

 

 

Great I will check my file again. I have aplied for a job in HR within a bank. I'm told they run pre employment credit checks..

[dx100uk]

i should have added 'in total' after the 12yrs [6yrs back - 6yrs fwd] but you know what i mean.

 

dx

[Pockey-dynamite]

The last payment I made to hbos was in dec 02. To Rockwell called me in May 09 forcing me to pay them. I had no contact from hbos during this time. Rockwell have made me pay £1100 of £6000 already. On my credit report this is not shown as a default. Can claim the rest of the money now I've made forced payments? Also I cleared a debt with nco in august 09 & it's still on my file as default. I'm gutted paying then if my report is still negative. I'm in a right mess as you can see.

[JonCris]

yes it can, ........ in a way.

 

but only if a default/marker is placed in the 6yrs prior to the statute barred date. Then that marker/default will remain for 6yrs from its issue. so effectively, lets say the default/marker was placed in the last month before statute barring, it could show as a debt for almost 12yrs.

 

but once a debt is statute barred a default/marker should not be added.

 

dx

 

No it should'nt The default marker should be placed on file at the time of the default & not years or even months after the event. If it isn't its not valid & should be removed. The alternative would be horrendous as we would have creditors & DCA's in particular renewing notices every 5 years 364 days & 365 days on leap years:eek:

[dx100uk]

ooooohhh... you can stop paying rockwell if there has been a six years period where you made no I/O on the a/c.

 

in otherwords , if a 6yrs period has existed, it cannot be un-statute barred.

nasty dca.. you've wasted money there if that is the case....

 

as for the nco one, if you can prove the default was solely because of unlawful charges, it must be removed, but you need to reclaim the charges first. if not, sadly, its thee for 6yrs from date stamped. but the debt should show as settled.

 

dx

[Pockey-dynamite]

Thanx d

[dx100uk]

No it should'nt The default marker should be placed on file at the time of the default & not years or even months after the event. If it isn't its not valid & should be removed. The alternative would be horrendous as we would have creditors & DCA's in particular renewing notices every 5 years 364 days & 365 days on leap years:eek:

 

ofcourse they should jc, my bad..

 

int scenario though, i wonder what rules govern this in effect though......

and if like all the others dca's are a master to themselves only.

 

dx

[JonCris]

Sorry but it's 6 years from when the actual default letter is dated not when the OC decides to lodge it which could be months or even years after the event

[harrassed senior]

Can I just clarify this then - in most cases a Default Notice is sent by the OC as a last attempt to get you to pay. Then the alleged debt is sold/passed on to a DCA, so why is it that so many DCAs issue and record defaults on a persons CR file - often months or even years' down the line?

 

For instance, I had a default notice from an OC who, after correspondence marked my file as satisfied, then sold it on. It still shows on my credit file as satisfied. However, the DCA who purchased the alleged debt then put their own entry (difference number) on my file with a new default date (about 2 years later to be exact). I queried this and the CRA said that I had to prove it was the same debt as it showed by the OC as a loan and the DCA as a Credit Card. With no CCA provided I was not sure which it was and CRA was not interested and both are still on my file to this day!

[caledfwlch]

Sorry but it's 6 years from when the actual default letter is dated not when the OC decides to lodge it which could be months or even years after the event

 

I thought it was six years from last PAYMENT of written acknowledgement, not when they can be bothered to send a default letter?

 

Otherwise they would all be holding back the default letters until the 11th month of the 5 year.

[Pockey-dynamite]

I just called Rockwell who have told me that even I'd the debt is statute barred I still need to clear the debt. I have refused and asked for this in writing I fear the money I have paid them since April is lost. Ok now I'll call NCO and thames credit.

 

Thank you all for your help!!!

[lickthewallfatboy]

you have lost the money you paid

 

it's classed as a gift

 

and tell Rockwell to get stuffed,and if they're feeling particularly dumb,insist they take you to court

[lickthewallfatboy]

Sorry but it's 6 years from when the actual default letter is dated not when the OC decides to lodge it which could be months or even years after the event

 

can anyone give me the exact rule concerning this?

 

thanks

[the_shadow]

I just called Rockwell who have told me that even I'd the debt is statute barred I still need to clear the debt. I have refused and asked for this in writing I fear the money I have paid them since April is lost. Ok now I'll call NCO and thames credit.

 

Thank you all for your help!!!

 

haha you have to do no such thing... (as in clearing the debt)

 

You've lost the money I'm afraid tho.. just because its stat barred doesnt mean the debt disappears, its just they cant enforce the collection.

 

Send them the stat barred letter by recorded delivery and mark this one up as done and dusted

 

S.

[the_shadow]

can anyone give me the exact rule concerning this?

 

thanks

 

All the details are contained in this, it jumps around paragraphs inside so I cant copy it all out... sorry.

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

 

S.

[Pockey-dynamite]

Thanks, I guess Rockewell is now is closed case. I called NCO on 08709030957 asking why my file has not been updated to show the debt as settled. The chap I spoke to was useless. He just said I will speak to someone and they will look into this. I insited on taking his managers name. If I have settled this debt it's a breach of the agreement if they do not update my file right?

 

Thames credit were helpful and asked me to fax the report and they will update this on line. I'll send that today or should i hold off?

 

In 2002 I lost my job, got into a lot of debt and had nowhere to live. I'm on my feet again trying to keep up with paying it al back ever since. I'm drained out with dealing with the likes of NCO.

 

So sorry with all my questions. I really am lost. Thanks for all the help.

[mr.ton]

Credit files are not worth the paper they are printed on & the sooner that myth is shattered, the better

[JonCris]

Can I just clarify this then - in most cases a Default Notice is sent by the OC as a last attempt to get you to pay. Then the alleged debt is sold/passed on to a DCA, so why is it that so many DCAs issue and record defaults on a persons CR file - often months or even years' down the line?

 

For instance, I had a default notice from an OC who, after correspondence marked my file as satisfied, then sold it on. It still shows on my credit file as satisfied. However, the DCA who purchased the alleged debt then put their own entry (difference number) on my file with a new default date (about 2 years later to be exact). I queried this and the CRA said that I had to prove it was the same debt as it showed by the OC as a loan and the DCA as a Credit Card. With no CCA provided I was not sure which it was and CRA was not interested and both are still on my file to this day!

 

We all know they do but aren't supposed to &if they do you can complain to the ICO

[JonCris]

I thought it was six years from last PAYMENT of written acknowledgement, not when they can be bothered to send a default letter?

 

Otherwise they would all be holding back the default letters until the 11th month of the 5 year.

 

 

Correct but we are assuming that no payments have been hence the default letter The default notice & the none payment must be linked usually 14 days

[lickthewallfatboy]

All the details are contained in this, it jumps around paragraphs inside so I cant copy it all out... sorry.

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

 

S.

 

 

muchas gracias!

[the_shadow]

muchas gracias!

 

de nada!

 

S.