how do you remove a statute barred default?

[izziewizz]

I recently discovered that the unscrupulous HFO services have posted a default notice on my credit report (it is dated august 2004) with regards to a 'debt' sold on from 3 mobile (I do not owe this money and it has been in dispute since December 2003). Throughout the years I have received various letters from various DCAs and written back to say that I do not acknowledge the debt, that I do not owe it and they should take me to court. Of course, no one has taken me up on the offer! But what I was wondering was, at what point does the debt become statute barred? My last payment to 3 was in December 2003, and yet HFO have put the default in Aug 2004, and throughout I have written to the various DCAs to dispute the fact. At no point have I acknowledged and admitted that I owe the money so is it statute barred now (as it's 6 years) or in August 2010?

Once it becomes statute barred, how do I get it taken off my credit rating as it's affecting my life now.

thank you!

[silverfox1961]

Hi,

At the very latest, the default will fall off in August 2010 although the cause of action was the last payment (Dec 03) They don't start the file marking process till a month later so if based on cause of action, it should be gone by Jan 2010 but I bet it won't. I would make a complaint to the Information commissioner as they took ages to default you.

I have read somewhere that the creditors (where a relationship has broken down) should default in a timely manner, usually between 2 and 4 months after last payment. They took 8 months to do so which penalises you for longer.

 

Did you deliberately wait until today (4th) to query the SB status?

 

fox

[izziewizz]

Why do you ask if I deliberately waited until today to query the SB status? I recently had cause to set up a joint bank account with my father only to be turned down by my bank who I've been with for over 20 years (it's unspeakably ridiculous....) due to my credit rating. At which point I paid experian to get my report and lo and behold there's the default.

Where do I find the Information Commissioner?

The odd thing is I didn't receive letters from the DCAs for ages after we cancel the agreement (via letter to CEO of 3, who totally ignored it). I figure it's until August because they kept sending us bills up until July, but we paid up until December (I have all the letters I wrote to inform them what I was going to do due to their horrendous service...)

cheers

[izziewizz]

Sorry, one more thing - you say it will 'fall off' - does it just get taken off my credit rating? Does it get removed completely or hang in the background for credit agencies to see?

[silverfox1961]

I asked about the date so that you could be absolutely sure it was SB. (MY wierd sense of humour )

 

The only people that can see your file beyond 6 years are the credit reference agencies. in effect the default will vanish and no-one will see it ever again.

 

Just type "information commissioner" into the address bar at the top

 

You could always copy in the OFT as they build files on bad practice before tackling the "bad guys

[izziewizz]

OK thanks I'll give it a try