Hi there... any advice reassurance please?

naughtyboi

Any help or advice would be appreciated and welcomed with great gratification.

In a nutshell...

I applied for a job recentley and decided to check my credit file with equifax pre application as the position I applied for requires a credit check. I have had problems in the past and purley wanted to see what my chances of landing the role would be...

Upon recieveing my credit report from Equifax I noticed two defaults on my account, one I agree with the other I do not. Turns out 1 default is from a Hillisden securities whom I have never head of, claiming I owe them a sum of £2500 for a loan taken out in november 2003 (which was 1500 to start with!). Hillisden securities have placed a default on my credit file in feburary 2006 for this amount. I spoke to citizens advice/debt helpline/Information commission who all advised me to complain regarding the default. Upon ringing hilsden securities I discovered they had no interest in explaining anything in detail (nor giving me any form of reference) other than the fact that I had a loan with welome finance in 2003 and I must pay the outstanding amount in full today. As you can imagine I told them no chance and rang off, amid a barrage of bullying and scare tactics. Bearing in mind I have NEVER heard from this company before and simply wanted an answer to the question (as anybody would having identified such a mark on their credit file), how can you default me without notification or written acceptance of the debt. There has never been a repayment plan in place with these people to default on!! Suffice to say I just got scare tactics back, luckily I used to work in a debt recovery department (a long time ago) and I know some of their tactics.

After this call I rang back round the afore mentioned helplines who advised me to speak to the Financial Ombusman, which I did, who I might add were rather sympathetic and are writing to this company on my behalf.

Now I'm worried I have accepted liabilty for the debt and am worrried further bad marks can be put on my credit file, even though I already have a default from these people and have worked in the last few years to sort myself out. Thus leaving the remaining two defaults. One which will be paid shortly and this one which I am disputing due to the following facts (Bearing in mind the ombusman was prepared to act on my behalf)

1: I originally agreed to pay Welcome finance a loan amount in repayments NOT hillisden securities (Although I understand there may be small print indicating debt recovery firms have a right to blacklist me and chase me for the money)

2: I have recieved NO notification of an attempt to default my credit file, neither before or after such action has been taken

3: Its abit odd that welcome finance left it nearley 3 years before it was sold on and i was bad marked by another firm, 2 months after the buy of the debt I might add.

4: Why didnt welcome finance default me? Or did they and I'm wondering can a person be defaulted by two seperate firms for the same debt? I cant tell if welcome did because my credit report doesnt go back that far.

Overall I guess im worried because the default would of dropped off in March 2012 and they now may be able to drag it on longer or even worse ccj me after I worked hard to sort my act out. Plus i've envolved the ombusman of the sitation and asked for help. However I have been reading that providing you do not acknowledge the debt in writing you can claim it as statute barred after 6 years?

I'm guessing my point is, as far as im concerned, no matter who welcome finance sent/sold the debt to, it is still well over 6 years old and I'm ashamed to say I went on in ignorant bliss over this matter until now. It does seem truly shocking that they can leave such a gap (3 years) then have me defaulted via another company having never been given chance to resolve the matter. To be brutally honest I dont intend to pay them, off the back of such a ludicris set of circumstances and especially after the way I was spoken to today. Plus I'm living in minus figures as it is having lost my job at christmas.

Thnks for reading, sorry its abit of a rant/waffle but any advice as to where I stand and will stand, especially with regard to getting the debt statute barred in the future would be gratley appriciated!

Thanks.

Mr X

fermi

When did you last make a payment on the loan to Welcome?

naughtyboi

Early 2004 Im sure. I know I deffo didnt pay them anything after that.

fermi

OK. So you haven't paid or acknowledged the debt in writing since 2004?

If that is the case, then the debt would be statute barred. Meaning that:

(a) They shouldn't be able to sake any legal action against you. Or at least succeed if they tried.
(b) If you tell them that you are not paying as the debt is statute barred, then they must stop trying to collect (at least aggressively).

See the info in this thread.

https://forums.moneysavingexpert.com/discussion/2606811

The question of the default could be somewhat trickier.

naughtyboi

Thanks for the re-ssurance. I was worried because they stated that it cant be statute barred because they put the default on in 2006... id the default remains it will drop off next year anyway :-)

As I say tho the ombusman is helping so who knows.

I will also read the thread you advised me to.

Your help and imput is much appreciated. Thanks.

Mr X

fermi

naughtyboi wrote: »

Thanks for the re-ssurance. I was worried because they stated that it cant be statute barred because they put the default on in 2006...

That is bullwarks.

fermi

1: I originally agreed to pay Welcome finance a loan amount in repayments NOT hillisden securities (Although I understand there may be small print indicating debt recovery firms have a right to blacklist me and chase me for the money)

Hillisden will have bought the debt (legally assigned), and with that normally goes an agreement that they can take over the record on your credit files, including reporting defaults.

2: I have recieved NO notification of an attempt to default my credit file, neither before or after such action has been taken

There should have been.

3: Its abit odd that welcome finance left it nearley 3 years before it was sold on and i was bad marked by another firm, 2 months after the buy of the debt I might add.

Wrong, but not uncommon I'm afraid.

4: Why didnt welcome finance default me? Or did they and I'm wondering can a person be defaulted by two seperate firms for the same debt? I cant tell if welcome did because my credit report doesnt go back that far.

They may have done.

fermi

This may be useful in your complaints.

Technical Guidance Note - Filing defaults with credit reference agencies

Especially the sections on the "timing" of the default, and what happens to defaults when the debt is sold on to another party.

But in a nutshell, in most cases if they wish to file a default, it should be dated within 6 months of the "breakdown" of your relationship with the creditor. In this case, when you stopped paying.