Delinquent Halifax personal unsecured loan but no default.

[therealgeorgebush]

Hi,

 

I have found some info on this question but can't really find a definitive answer.

 

My situation is this:-

 

I have a delinquent account showing on my credit file (both Equifax and Experian) from a Halifax personal unsecured loan I took out in 2007.

 

I am reasonably satisfied that this loan is now statute barred as I have had no contact with them since late 2007.

(I have not made any payments or acknowledged the debt since that time).

 

However Halifax did have never registered a default with the CRAs and the account is showing as delinquent with the last update being August 2010.

Both Experian and Equifax tell me that this will remain on my file until six years after they eventually decide to serve a default notice.

 

I know that there is some vague guidance to lenders from the ICO regarding when defaults should be registered,

but I wonder how much weight this carries.

 

I would obviously like any default backdated to a reasonable date.

 

If anyone has successfully challenged this sort of situation I would be grateful for your advice or possibly the letters used.

 

Thanks

George

 

(Please do not make moral judgments, I would not about you and my circumstances are quite unique, and very personal)

[dx100uk]

if its not defaulted or has no markers its not harming you

 

dx

[therealgeorgebush]

Thanks for the reply but I'm still a bit unclear. Do you mean that it will not affect future credit applications?

 

Here is the info on my equifax report:

6 late payments September 2006 to February 2007. (Incidentally this is inaccurate by a year, the first missed payment was September 2007)

 

It then shows a 'U' in a grey box representing 'not updated ' for every month upto September 2010 then nothing after that.

 

It also states:

'Default / Deliquent balance £***.**

'Start date xx/05/2007 (Again inaccurate)

'Date last deliquent' BLANK

'Default date' BLANK

'Date updated ' XX/08/2010

 

So what will this likely mean to potential future creditors? Will the six missed payments be visible to creditors? bearing in mind that they are now over six years ago.

 

Thanks again

 

George

 

(Please do not make moral judgments, I would not about you and my circumstances are quite unique, and very personal)

[BRIGADIER2JCS]

No one here will make any " moral judgements I assure you.

 

 

This entry on CRA files appears to have been left dormant and forgotten. I presume you are not being contacted by Halifax or any third party in regard to this?

 

 

I have a hunch this may have been sold on in a large portfolio of delinquent account that Halifax got rid about 4 years ago.

[dx100uk]

bad markers older than 6yrs should not be showing

[BRIGADIER2JCS]

No party is updated the files since 2010, fallen off a DCAs radar??

[therealgeorgebush]

Thanks again.

 

No, I have not been contacted by anybody. I saw it on my credit file and just wondered what impact it would have, or if there is any known strategy to get it removed.

 

The dates are a year out, does that make any difference?

[BRIGADIER2JCS]

You need to gather some more data on this, perhaps a SAR to Halifax would be best.

 

 

Or a letter to The Data Controller of Halifax (HBOS), along the lines of:

 

 

Sir/Madam,

 

 

I have been reviewing my credit history and have found an entry placed by Halifax on my credit reference files (attach a screen print of the entry) I have attaché a copy of this.

 

 

I notice that this account has not been updated since 2010 the account has not been defaulted and is now statute barred and no payment to it will be made now or in the future.

 

 

I do not accept any liability for any debt to Halifax.

 

 

If this account had been defaulted in line with the ICOs Guidance on Defaults it would have been removed from my credit reference files whereas it remains and is a negative factor affecting my credit profile.

 

 

I would like Halifax to remove this item from all credit reference agency files to which it has reported the account.

 

 

I would appreciate an early reply.

 

 

Send recorded/signed for post check delivery. ( avoid using an address with a PO Box Number it may not get signed for).

 

 

There is no guarantee they will comply, but if they don't a formal complaint to them and a written report to the ICO is next.

[dannieccles135]

Hi

 

What happened with this? Understand I'm 2 years late asking this!

 

I'm in an exact situation as yourself and was looking for some help. Did you manage to get this removed from your credit file?

 

Thanks

[maroondevo52]

Hi

 

What happened with this? Understand I'm 2 years late asking this!

 

I'm in an exact situation as yourself and was looking for some help. Did you manage to get this removed from your credit file?

 

Thanks

 

Hello and Welcome dannieccles135,

 

The original poster in this thread has not been back since April 2014, If you could start a new thread in this Forum you should get some help with your problem.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?205-Credit-Reference-Agencies

 

Regards,

 

Scott.

[obiter dictum]

I can update on this as it matches my past circumstances

 

I had one of those cashplus pre-paid credit card and took out their credit builder option., Seems i missed the last payment and they updated my credit report with a late payment marker for six months, i had a '6' eventually though they never defaulted. I simply paid it off when i became aware and the account was then closed.

 

Even though the account was not defaulted i was more than three payments late so the account status became 'Delinquent.'

In the eyes of future creditors and credit scores that will have a substantial negative impact until until six years has passed.

 

Now the good news.

 

Creditors will normally ignore a delinquent account status after three years has passed and you have run your other credit accounts in good order. My Cashplus account was closed in 2012 so comes off my credit file in 2018. That current delinquent status on my own credit file has not stopped me obtaining main stream credit.