Got my equifax credit file

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stargirl72 wrote: »

That's a really good point... and probably answers my other question about how long a debt stays on file... is it 5 years?

What exactly does statute barred mean?

Star x

It's six years, but if the account is defaulted and not paid I *think* it is six years from the date of default. If you only make a late payment it's six years from the date the account is settled (paid and closed). So if you pay a debt off, say three years after the late payment, the late payment won't be gone for nine years in total. I have this on mine and it's very annoying. :mad:

If you haven't made any payments or made contact with the creditor in six years the account is statute barred which means you cannot be taken to court for the debt. BUT you have to write the proper letter informing the debt collectors the debt is state barred you can't just expect them to follow the rules. :rolleyes:

Hence it's good to think before you contact anyone as you may be opening a can of worms or opening yourself up to a lot of harrassment. I'm not saying don't pay, just get yourself mentally prepared for what you want to do and don't ever deal with any creditor by phone or they will try to scare you into paying.

Brian1966

Stargirl
Pheonix is the recovery arm of Shop Direct..Littlewoods..Empire etc.. All catalogues.
When did you make your last payments to these accounts?
Default remains 6yrs from LAST payment or date of default.
The easiest way, if you have been paying is to issue CCA request to debt collectors as without it debt is or was unenforceable and processing your data would have been illegal = default removed.
Alternatively in the case of Pheonix as only £15 is owed it trade for a trade, ie pay on condition default is removed and account showing as settled.
Pop over to Credit card forum and search for thread 'Suttons default removal letters'
Loads of advice to be offered..one member Never-in-doubt will advise start to finish procedure to enforce removal.
Hope this helps

Brian1966

stargirl72 wrote: »

Hiya

Thanks for your replies.







.

By the way, should I be getting my credit file from experion too?? I got equifax as that was the company my bank told me they used (when they turned me down for a loan recently). I hadn't realised there was more than one. I am hoping I haven't just wasted £14.99!



Thanks again

Star x

Hi Star
Would definitely obtain your Experian file...free trial through Credit Expert..Just remember to cancel within 30 days..also cashback available through Quidco and others...google for info.
Regarding Capquest..If they issued default, not original creditor it is Capquest's responsibility to remove.
As advised pop over to credit card board and search defaults...chances are there is no notice of assignment, no CCA, so should be easy to remove.
Capquest, like the majority of DCA's prey on the defenceless and hope that people do not know their rights.
The DPA is there for a reason. Incorrect or innacurate data is unlawful.