Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • PlasticThistle
    • By PlasticThistle 1st Oct 17, 3:48 PM
    • 2Posts
    • 0Thanks
    PlasticThistle
    Remove a Default
    • #1
    • 1st Oct 17, 3:48 PM
    Remove a Default 1st Oct 17 at 3:48 PM
    In April 2011 I was approached by a company called Consortium Reclaim, who ‘offered’ to have my bank credit card debt deemed an unenforceable credit agreement, and I would no longer need to repay the balance. At the time I was struggling financially and saw this as a potential relief, the costs would be added to the CC debt so this would have no cash cost to me.
    In April 2012 I received a letter from the bank which stated that they were unable to provide the original terms and conditions documents and as such that the debt was now unenforceable, they were now prevented from seeking an enforcement order via the courts.
    I made the last payment to the card in April 2012, however the bank took a payment directly from my current account in July 2012. I closed the account at that point and no payments have since been made. The debt was registered as defaulted in January 2013.
    The bank then employed a number of recovery agents, who all stopped proceedings when presented with a copy of the unenforceable letter.
    The bank eventually sold the debt to a Credit Management company who attempted court proceedings, but again withdrew when presented with the original letter.
    The default remains on my credit report, how and when can I have this removed?
    I live in Scotland as that may influence the legal position.
Page 1
    • zx81
    • By zx81 1st Oct 17, 4:06 PM
    • 14,380 Posts
    • 15,170 Thanks
    zx81
    • #2
    • 1st Oct 17, 4:06 PM
    • #2
    • 1st Oct 17, 4:06 PM
    It will be removed 5 years from the date of default.
    • PlasticThistle
    • By PlasticThistle 1st Oct 17, 8:50 PM
    • 2 Posts
    • 0 Thanks
    PlasticThistle
    • #3
    • 1st Oct 17, 8:50 PM
    • #3
    • 1st Oct 17, 8:50 PM
    Many thanks, so no action required?
    • Arleen
    • By Arleen 1st Oct 17, 11:10 PM
    • 1,030 Posts
    • 756 Thanks
    Arleen
    • #4
    • 1st Oct 17, 11:10 PM
    • #4
    • 1st Oct 17, 11:10 PM
    None, just wait.
    • cjmillsnun
    • By cjmillsnun 2nd Oct 17, 12:38 AM
    • 346 Posts
    • 224 Thanks
    cjmillsnun
    • #5
    • 2nd Oct 17, 12:38 AM
    • #5
    • 2nd Oct 17, 12:38 AM
    It will be removed 6 years from the date of default.
    Originally posted by zx81
    fixed that for you.
    • Arleen
    • By Arleen 2nd Oct 17, 1:17 AM
    • 1,030 Posts
    • 756 Thanks
    Arleen
    • #6
    • 2nd Oct 17, 1:17 AM
    • #6
    • 2nd Oct 17, 1:17 AM
    fixed that for you.
    Originally posted by cjmillsnun
    You didn't, op lives in Scotland so it's 5, at least it's said so in #OP.
    • nyermen
    • By nyermen 2nd Oct 17, 6:40 AM
    • 135 Posts
    • 108 Thanks
    nyermen
    • #7
    • 2nd Oct 17, 6:40 AM
    • #7
    • 2nd Oct 17, 6:40 AM
    For Original Poster - also worth keeping an eye. When purchasing debts, some companies wrongly renew the default in their own name etc. It's 5 years (scotland) from the date of that default, and then that's it. The name may change but the date can't. Ie. It will still be January 2018 (I think - it's early ).
    Peter

    Debt free - finally finished paying off £20k + Interest.
    • sourcrates
    • By sourcrates 2nd Oct 17, 11:32 AM
    • 12,670 Posts
    • 12,004 Thanks
    sourcrates
    • #8
    • 2nd Oct 17, 11:32 AM
    • #8
    • 2nd Oct 17, 11:32 AM
    For the avoidance of any doubt, defaults stay on your credit file for 6 years wherever in the United Kingdom you may be.

    People think, ah, Scotland, everything is 5 years up there, well it isn't.

    In Scotland the time for recovering a simple contract debt, the Limitations period, is for 5 years, this is a totally separate issue from the default date, but gets commonly mistaken for it.
    Last edited by sourcrates; 02-10-2017 at 2:13 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,409Posts Today

8,030Users online

Martin's Twitter