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Statutory Barred Debts and Effect on Credit Reference Files


omalleyr
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Hi, I have a number of debts that I believe are now statutory barred. I don't appear to be being chased on these debts but something is blocking me from obtaining a motgage. I have sent for a credit report and am waiting for this (CRA say they have anomalies with the address info) but I am wondering whether SB debts still stay in the credit file, whether they can be removed, what impact they have etc...

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  • 3 weeks later...

There are more than one credit ref agancy, and they will all a have differnt data, and differnt mortgage companies will search differnt ones! or more than one.

 

If you look online the three main ones equifax experian and call credit, all will give you the first month free, then cancel. Then you can start to see what the banks are seeing!

 

Any errors etc. wrong address or accounts you can contact the CRAs online and try and correct, will take a few months but can be done.

 

If you have valid debts will take time!

"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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voters is the usual candidate.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

Hi...

 

I have today received a copy of my credit report form Experian. The report states the following:

 

Status History: 021000000000

 

'In the last 36 months of account activity, the number of status 1-2 is 4 and the number of status 3+ is 6.'

 

The last interaction on the account was 15/8/07 and the account begun on 26/9/02. The account was settled in full with no defaults. This has been confirmed by the lender.

 

I have contacted the lender today to ask why these statuses show and have been informed that this was due to direct debits not having been paid ontime. Now their administration was a shambles and on two occasions I had problems when changing bank details and address details. One such error made by them was when I changed my bank details they carried on trying to take the DDs from the old account. As they had not updated my address details months before when I notified them of a change of address they couldn't/didn't notify me until my post was forwarded on. They acknowledged this at the time as their error and assured me it would not affect my credit rating. Only it seems it has.

 

They have now told me that there is nothing they can do about it as the Direct Debits are automated and automatically update on Experian.

 

Any advice on where I go from here? They do not have the records anymore of the administration errors and them accepting acknowledgement of these and cannot check my assertions.

 

Thanks...

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There are also unsolicited searches from Lowell Portfolio 1 Ltd showing on the report in the last 6 months. I have not authorisaed these searches and have not had any contact with any lenders for over 6 years. Who are they and can they make unsolicited searches, potentially damaging my credit rating, without my knowledge/authorisation?

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a search should not harm your rating.

 

as for the dd lash up

 

its for you to cancel it not them.

 

however.

 

if the markers are 2007 then they must still hold the info by law.

 

time to sar them

 

and for them [who is it please]

to say its an automated system is garbage.

 

and to say they cannot change the markers is garbage too

 

they can they are just towing the party line

 

go higher up the food chain.

but you need written evidence

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They are Hitachi Capital - the one company I did keep accounts in order with... It seems all the statutory barred debts are removed from all reports, however, a number of DCAs have searched my records over the past few months dispite the debts being statutory barred. I have had no dealings with these DCAs but their searches seem to be linking me to addresses that I have never lived at and these appear on my address history. Any advice on how I get both the searches, (they appear in the section that implies I have applied for credit with them), and the addresses that I have nothing to do with, removed?

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They appear on Callcredit and Experian - there are errors on the Equifax report but these I can understand (they are things like my father's address (he has the same initials and surname - obviously) and slightly incorrect addresses - although they are proper addresses.

 

On the Experian report the searches are for Lowell Portfolio 1 Ltd and the Callcredit report shows NCO Europe Limited at addresses I have lived at in the past and incorrect addresses that I have never lived at and that are now showing in my address history.

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You could not be more wrong.table 1 searches are used as a tool by dca to screw your rating as many on here will tell you, they are there for 2 years and yes the good old outstanding debt search is hard if not impossible to get removed.

 

As far as I'm aware CRA should not allow DCA's to do Table 1 searches as these can be seen by potential lenders. Table 1 searches are for companies that issue credit.

Write to the CRA and inform them that these are unlawful and should be removed at once.

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I have had responses from the ICO and FOS re table 1 searches`

1. The ICO says it is not unreasonable for these searches to placed on table 1

if it is considered that there is a reason that ''complies'' with one or more

of the ICo's 8 parameters.

2 FOS says that it's ok for this to happen as potential lenders need to know a full history.

This is all in the face of what I was told by the compliance manager of Mackenzie Hall

who said it was unreasonable to post ''outstanding debt'' searches on table 1, and

paid compensation for doing it.

It seems more and more that the so called regulators are not protecting the public as they should!!!!:-x

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I have no doubt that these searches were done to try to show other lenders that I have had outstanding debts in the past. Thanks guys for clarifying that.

 

Questions is, is this unlawful or not and whether I can have them removed. These debts in question are over 6 years old and I have never given these companies my permission to carry out such searches, nor instructed them to do so; although I would have done with the original creditor.

 

Also, is there any course of action that I can take that will allow me to stop such searches being made in the future?

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It's best to read these in context with the rest of the DPA have a look at the ICO web site

I can perhaps sort out all of it later but I am in hospital awaiting surgery tomorrow.

These searches seem now to be acceptable to the OFT and ICO the only other

thing is to contest on the number and frequency of searches made by a creditor or DCA, this can be deemed to be unfair.

You need to write to the |DCA's and the CRA's and direct your complaints to the compliance managers,

I have found this to be the most effective starting point for getting the situation resolved.

Edited by BRIGADIER2JCS

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks for that, I will take a look. ...and good luck with the surgery!

 

I find it hard to understand how, after a debt can no longer be chased, (the six years passed last August and these searches are since that time) the DCA can still place a search on my record. Can they carry on doing this for the rest of my life?

 

Surely there has to come a time when they can no longer place such searches without them being unlawful?

Edited by omalleyr
Added a question
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your right it's pretty much unlawful but they are a law unto himself,these searches should be on table 2 which are not seen by anyone else,brig has tried his best to get to the bottom of it,if you fancy talking to cra about it and you enjoy banging your head against a brick wall go for it.

table 1 searches are ment to be for applications for credit

 

Thanks for that, I will take a look. ...and good luck with the surgery!

 

I find it hard to understand how, after a debt can no longer be chased, (the six years passed last August and these searches are since that time) the DCA can still place a search on my record. Can they carry on doing this for the rest of my life?

 

Surely there has to come a time when they can no longer place such searches without them being unlawful?

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I want to write to the DCAs who are doing this to attempt to get them to stop and remove their searches. For them to do this they will need a copy of any credit agreement that I have signed giving the original lender permission to conduct a search on my credit file. I doubt they have this.

 

Do any of you know of any solicitors who I could hire to write such letters so that I do not have to give my home address - the last thing I want is these guys trying it on by knocking on my door?

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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