Can Defaults and CCJ's really be Removed from my Credit File after 6 years?

[Matt1969]

Hi There,

 

Some years ago I managed to get myself into an awful mess financially after being made redundant with various financial institutions mainly due to credit card debts and unsecured loans.

 

After receiving default notices I managed to organise my very own arrangement with my creditors, whereby after managing to get monthly interest frozen etc I offered to pay an agreed monthly amount to each creditor after sending them my "Income and Expenditure" fact sheet.

 

Most of my debts date back to around 2007.

 

After a period of time, I then stopped my monthly arrangement with creditors after writing to creditors and asking them to provide me with the

 

1) Validation of the debt (the actual accounting)

2) Verification of their claim against me (sworn affidavit or even a signed invoice)

3) A copy of the contract binding both parties

 

After years of tooing and fro ing with written communication with creditors and debt collection agencies , I reached a stage where not a further penny was paid to these creditors monthly or otherwise as at no time were my creditors able to provide me with the information requested ABOVE , even after I offered to settle my outstanding debts if they were able to provide the information I requested.

 

I also successfully managed NOT to enter into any verbal communication with numerous debt collection agencies who incidentally all seemed to always had the very SAME DEBT passed over to them from my creditor.

 

I also stopped debt collection agencies from continually telephoning my home by using your (HARRASSMENT LETTER TEMPLATES) or indeed sending any doorstop collection agents to my residence.

 

The ironic thing for me, was that every time i received written communication from a debt collection agency in my opinion the outstanding amount always seemed to contain their unjustified ridiculous charges which obviously inflated the original debt.

 

Now I am at a stage where I would welcome some guidance as to my position with regards to the possibility of actually removing CCJ's and defaults from my credit files .

 

I have not requested my own personal credit files from either Equifax or Experian or applied for any credit for at least 5 years, so I don't know for certain exactly what negative entries are currently on my file but now that I am approaching 6 years since originally receiving defaults etc I would like to know:

 

1) What steps I need to take in order to get any defaults or CCJ's registered against me removed from my credit files , as I have heard on numerous occasions conflicting information as to whether or not negative entries after 6 years from the date of my initial default notices or CCJ's can be removed legally from my files .

 

Thank you in advance for your feedback and assistance

 

Matt1969

[rebel11]

Hi matt

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

[BRIGADIER2JCS]

Hi, You need to check the 3 main credit references for the default dates,

all default entries fall off credit files 6 years from the date of the default

paid or not, this usually is done overnight on the anniversary of the default.

There can sometines be a short delay for instance at weekends.

You should not need to do any thing other than monitor the files.

[Matt1969]

Hi Guys

 

Thanks ever so much for your prompt replies

 

Just one further question

 

I spoke briefly to an adviser sometime ago regarding my same scenario as outlined.

 

They informed me that my creditors even after 6 years have some clever "Statute Barred" loopholes they can exploit which would prevent me getting the negative entries removed from my credit files after 6 years.

 

Does anyone out there know if this is true as I have no idea if this is hogwash or not?

[dx100uk]

hogwash!

 

 

 

dx

[BRIGADIER2JCS]

If you have made no payments or written acknowledgment on

the debts in 6 clear years the debt becomes SB from the date

a payment was and not paid and no further payments were nade.

The SB date is NOT the same as the default date which is usually

1-6 months after the cause of action.

[Matt1969]

Thanks again

 

As mentioned in my previous thread I've not requested my credit files since I moved house over 5 years as I was told it would be detrimental to my position at the time me after moving to my current residence from my old residence as all my debts originated from my previous address(es), even though all my creditors know my current address and have sent correspondence to me at various times.

 

Again I don't know if this is true, but would it harm my position in any way with existing creditors or DCA's to now go ahead and finally request my credit files?

 

Although I do NOT own my current residence, My parent's recently transferred their property over to my name, so I am officially a homeowner

 

Again does the transfer of my parents' property title effect my position with creditors in terms of them sending correspondence etc to my parent's home or even attempting to make some kind of financial claim on my parents property in order to recover my outstanding debts?

[BRIGADIER2JCS]

There are many myths and legends about searching your own

credit files alerts creditors, the fact is no one but you sees any thing.

This is the only practical way of obtaining the information.

I would personally at this stage have mail sent to your current address.

[dx100uk]

no good speculating this and that

 

ge the file

 

as for the old wives tales about it alerts creditors/dca's

 

they already jnow i bet

 

you'll see that when you get your file under linked addresses/voters/mobile phone contracts/payday loans

 

 

 

dx

[Matt1969]

Hi

 

With regards to the SB

 

Does the "no payment in 6 years or no writen acknowledment" rule regarding my debt apply to DCA's as well as my creditors direct , OR does this rule only apply directly only to my creditor(s)?

[dx100uk]

ANYONE!!

 

dx

[BRIGADIER2JCS]

As long as ther have been no payments or acknowledgment it

matters no who holds the debt.

[bjoh69]

is there a template for harassment by letter by a dca

[dx100uk]

perss i'd cease all comms

 

there is a telephone harrassment letter

 

in the green library up the top under the DCA section

 

dx

[bjoh69]

perss i'd cease all comms

 

there is a telephone harrassment letter

 

in the green library up the top under the DCA section

 

dx

 

do a cra automatically remove defaults from my file after six years or do i have to apply

[dx100uk]

defaults go on their 6th birthday

 

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.

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.

 

dx