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Six year statute barred rule and credit files?


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Hi all,

 

I have numerous debts from when I was previously married a few years ago,

 

I used this site to send different letters (mostly CCAs)to different DCAs nearly all of them have never contacted me since

and Ive just left them alone (let sleeping dogs lie!)

 

Im now thinking that a lot of them will be over 6 yrs old and Ive had no contact with them so they may be statute barred.

 

.does a debt that's statute barred still appear on your credit file?or should it be removed?

 

Also if I had a debt and I was given a CCJ over it does that ever go away (if ive never paid it off) Im thinking that CCJs are on your record until they are paid off?

 

And one final question - wheres the best place to get my credit record from now so I can check it?

 

Many thanks in advance

Owed £2696.85 from Lloyds TSB

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A debt should drop off your file six years from when a default was registered. A SB debt should not appear on your credit file.

 

A CCJ never becomes SB in itself, however if they do not enforce it within six years their right to do so does and they would need to apply to the court for permission to do so & this is rarely if ever given.

 

Equifax, Experian and Call Credi are the three main CRAs;

 

Equifax Plc

Credit File Advice Centre

PO Box 1140

Bradford

BD1 5US

http://www.equifax.co.uk

 

Experian Ltd

Customer Support Centre

PO Box 8000

Nottingham

NG80 7WF

0844 481 8000

http://www.experian.co.uk

 

Call Credit Plc

Consumer Services Team

PO Box 491

Leeds

LS3 1WZ

0870 060 1414

http://www.callcredit.co.uk

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The CCJ will come ''off'' after 6 years, but a claimant ''could'' apply to restart the case, leave is rarely given by the court.

 

Yes a statute barred debt can still appear on a credit file if there is still time running on a default, it will be removed on the 6th anniversary of the default..

 

Equifax and Experian credit ref agencies have 30 day free trials Noddle (CallCredit) is free but not always reiable.

 

Be careful if you have debts that are not on the files and could be statute barred, ''he debt still exists and is collectable until the debtor informs the creditor/DCA in writting that the debt is statute barred and they will not be paying'' (source OFT Guidance on Debt Collection 2003/2012)

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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 those quick informative replies, I will get copies of my credit report from the 3 companies listed, so on the subject of a CCJ (I know I have some and Ive never paid them and they dont pursue me for them) if they are over 6 years old do I apply to have them removed from my credit file and if they try to restart the cases then they have to go back to court?. Im basically trying to clean up my credit record as much as possible in case I need to try and get a mortgage in the next couple of years...

 

Sorry if Im misunderstanding this :)

Owed £2696.85 from Lloyds TSB

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The defaulted entries are removed after 6 years paid or not, this an automatic process usually within 2-3 days.

To restart a claim the has not been enforced in 6 years the claimant Must apply to the court, there must be very, very good reasons put forward for a judge to allow this.

 

Once you have ''cleaned'' up your files it will take an absolute minimum of 3 years to rebuld a ''credit profile'' sufficient to be approved for a mortgage, and with some lenders 4-5 years will be rquired.

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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You can check on-line at http://www.trustonline.org.uk/ to see whether there are any active CCJs against you. Similarly to the credit reference agencies a CCJ is only registered for six years after which it is archived & if any creditor was daft enough to apply for permission to enforce they would need to provide the court reference number which they would be unlikely to have, otherwise it would not be possible for the court admin to find the case.

 

If you search the Trust register it will cost £4 and you will need to enter all your previous addresses.

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One last question! I've looked at my report on-line just now and its a lot better than it was previously but there's a still a few bits that will need sorting the biggest one though is afor a very large debt I had and the CCj was lodged in 2007 so the six years is nearly up on it but I'm sure they also got a charging order on my house for the amount owed (doesn't particularly bother me as I've no intention on selling up) but I'm guessing this will mean the CCj wont disappear on the six year anniversary?

 

Again thanks for all your help

Owed £2696.85 from Lloyds TSB

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