old debts which i fighting to remove

[red11]

Evening All,

a two fold question that's been bothering me a little

 

Equifax

 

Mortgage account in opened in August 2007 then

 

in Jan 2009 I fell behind with payments due to personal reasons.

 

The question is:

 

2009 & the majority of 2010 the account was in default

I had an arrangement in place but still I was being hit with a default every month,

 

In Nov 2010, I cleared the arrears and it also coincided with the mortgage being sold off to an other company.

 

point in case,

 

after paying the arrears the account shows "settled" but all those lovely defaults are still visible.

 

As the account is showing settled - does the past or historical data play a part when being reviewed for credit?

 

if so when does stuff in "settled" mode drops off the file if at all?

 

can anything be done to push the credit ref agency to remove it?

 

Experian.

 

there's a double entry in my file regarding

 

V12 finance - on the 20/07/2009 - settled of course

TBI Financial on the 20/07/2009 - Settle of course

 

But here are the differences

(because I challenged Experian on these)

and they rejected my explanation even if clearly they are the same debt just logged by two companies

 

V12 - is classed as Loan

TBI - classed as Credit card/Store card

 

in actual fact they are both wrong as it was a faulty electrical appliance.

 

challenged Experian and

 

they rejected my explanation by saying that they are two different companies and two debts, they are not!

 

how can I attack this and make them change this?

 

is at all possible.

 

Must add that both agencies they are happy to slap on any old rubbish

but when you challenge things they try to tie you up in futile red tape!

 

Any feedback help as always appreciated

 

Red

[dx100uk]

the mortgage co' will be placing 'markers'

 

the important thing here is the defaulted date in the debt summary line.

 

if you were in an arrangement, sadly that makes no odds

they can still mark the account.

 

as for the tbi/v12 dual debts.

 

as long as the default date is the same it wont be hurting you. [more]

 

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

the WHOLE ACCOUNT WILL VANISH, never to return.

.

however, this does not mean the debt itself is not still owed

consider a CCA request.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

[red11]

Hi All, its been a while - since a recent update on the electoral roll,

 

from nowhere Lowell have appeared chasing old debts that are stature barred.

 

Yet these happy chappies are calling me at work and also via a mobile.

 

.i checked both my credit reports on Equifax and Expedia..

and there's only one default of an old debt which is unrelated.

 

Any advise guys is much appreaciated.

[Stigman]

First of all you need to complain both to Lowell & to the FCA & ICO about the telephone calls to your place of employment.

 

You say that Lowell have appeared, is this in writing, email or just the telephone calls?

 

If you have reference numbers then send the Statute Barred Letter in the Library section.

 

Do not speak to Lowell on the telephone & do not attempt to ring them, if you do answer the phone to them, refuse to go through the security questions & hang up.

 

Stigman

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-(update-21.04.2014)

 

If you are absolutely certain the account(s) is/are statute barred, then send them the letter linked above

 

You should send the letter by tracked mail if you can afford it - if not, then please do obtain a free proof of posting from the post office and keep it with your copy of the letter.

[red11]

Hi Stig - thanks for the reply, no letters just 2 phone calls one was on my land line at work and the other they called via a mobile to my mobile.the debt in question is way past 7 years old. so i'm not sure. Also when they rang on the land line they left one of those automated voice recording on the mobile they did not leave any messages.Cheers

[red11]

Hi CitizeB, thanks for the link, i'm 100% sure that the debt are stature barred, i've seen them both drop off my credit files over time on both the credit ref agencies. Cheers Red

[citizenB]

[BankFodder]

Please read the very important new regulations which you will find leading off from the links which I have posted below. It sounds to me as if Lowells may have breached both of the rules.

 

Oh dear.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?426126-CONC-7.9-Contact-with-customers-including-visits

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?426148-CONC-7.15-Statute-barred-debts

[fkofilee]

After speaking to the FCA today regarding the above contacting you at work... They have confirmed that this is breach of their "standards".

[red11]

Hi All, its been a while - jsut looking for pointers and opinions: I have a £235 CCJ settled dated july 2009 - coming to its 6 year in July 2015 - it should drop off automatically right? what if both the credit ref agencies stall?

 

what pressure can i put on them? Also this CCJ was tied to a defalut as well - again dated 21 July 2009 - and set to drop off on the 21th of July 2015 Aside from that teh credit report is clean with good track record (Aside from this blip) of card payments and other loans plus all my utilities are via direct debit, i know credit scored dont really matter as there no such thing as a score but on experian when i login the so called score is 926 or in the green for good - and it says that i'm 72 points away from an excellent score. i'd like to just make sure that on the 22nd of July i can reach the reference angencies and get them act on this.

Cheers Red

PS keep up the good work guys - as always this site is the best for help assist.

Edited April 24, 2015 by citizenB
tidy up format

[citizenB]

yes, it should drop off on its 6th birthday.

 

You might find it doesn't happen until the end of that month rather than the exact date. I am not sure what you would need to do if they don't remove this. Hopefully others will.

[red11]

Cheers citizenB - yeah i'm just trying to understand if i can pick up the phone on the 22nd of July and just say the settled CCJ and Default should come off now please.. can you update asap

[fkofilee]

No... Let it run for a month more then query it...

[cookie1976]

Your credit report is a credit history. That history documents the life of a debt. As a result, it will show both the original lender and any subsequent collection accounts. However, they are not seen as two separate debts. Instead, a collection account is recognized as a continuation of the original debt.

 

The account you had with your bank should be listed as charged off. It could also show that it has been sold or transferred to a collection agency. Charged off, transferred or sold are considered a final status, essentially the same as closed. As a result, that account entry is no longer an active debt. However, it will continue to appear on your credit report to accurately reflect the account history.

 

The collection account now represents the active debt. Usually, a collection account indicates that it was purchased from or transferred from the original lender.

The collection agency may then sell the account to another collection agency. The first collection account then would be reported as sold or transferred, and the new, active collection account would be added to the credit history.

 

Because a collection account is treated as a continuation of the original debt, it will be deleted at the same time as the original account. The original account and subsequent collection accounts will be deleted seven years from the original delinquency date. The original delinquency date is the date of the first missed payment after which the account was never again current.

The collection agency is required by law to carry over that original delinquency date from the first account and report it to the credit reporting company. That ensures the collection account is deleted at the correct time.

 

Regards

 

Andy

 

Andy : "Because a collection account is treated as a continuation of the original debt, it will be deleted at the same time as the original account. The original account and subsequent collection accounts will be deleted seven years from the original delinquency date. The original delinquency date is the date of the first missed payment after which the account was never again current. The collection agency is required by law to carry over that original delinquency date from the first account and report it to the credit reporting company. That ensures the collection account is deleted at the correct time."

 

does that means Andy that DA recording entry on your file (this it same case bryan carter lowell Lloyds claim from my other post) should record that under same account number ?

 

was checking account number on the claim , Lloyds account number and then account number recorded on my file by lowell - last one is different. start dates and other details same account numer different.

 

should i request removing entry from OC ( double entry) or from DA ( wrong entry i do not recognize debt) ?

 

i know it wont be easy but you need to try first to archive victory ;-)

 

All best

[AndyOrch]

Andy : "Because a collection account is treated as a continuation of the original debt, it will be deleted at the same time as the original account. The original account and subsequent collection accounts will be deleted seven years from the original delinquency date. The original delinquency date is the date of the first missed payment after which the account was never again current. The collection agency is required by law to carry over that original delinquency date from the first account and report it to the credit reporting company. That ensures the collection account is deleted at the correct time."

 

does that means Andy that DA recording entry on your file (this it same case bryan carter lowell Lloyds claim from my other post) should record that under same account number ? Not necessarily...as some change use their own reference...but it should be referred/linked/shown its the same debt

 

was checking account number on the claim , Lloyds account number and then account number recorded on my file by lowell - last one is different. start dates and other details same account numer different.

 

should i request removing entry from OC ( double entry) or from DA ( wrong entry i do not recognize debt) ? Just make sure the CRAs know its one and the same debt...if its not already showing as same

 

i know it wont be easy but you need to try first to archive victory ;-)

 

All best

 

Regards

 

Andy

[cookie1976]

thank you