Wierd one

billinghamfan

Okay awhile ago I noticed an account was listed on my credit file at an address I moved out of in 2002.

I queried why it was still listed on my credit file as it was back in 2002 with Equifax anyway halifax then claimed that as it was a current account that was never closed it would remain on the file.

It was overdue and now they have listed it as three payments late from Dec 2009 - Oct 2011 in credit Oct 2011, one payment late in Nov 2011, 2 payments late in Dec 2011 three payments late in Jan 2012, four payments Feb 2012, five payments late in Mar 2012, six payments late in Apr and May 2012.

I haven't used this account since 2000 how can this be on my file now??

And how can they default it now.

Little_Miss_Uni-Debt

Were payments made in 2011?

If you were making payments to the debt then it still exists and they can still chase you for it.

If you have not made payments to it within the last 6 years then it could be statute barred and they can't chase you for it.

billinghamfan

Hi Little miss uni-debt.

Thanks but as stated I have not used the account since 2000.

Little_Miss_Uni-Debt

Hmm strange! Surely they should have recorded missed payments then, not late payments.

Late payments suggests a payment was made to the account.

I guess if they've registered a default on your credit file the debt will become statute barred 6 years from the date the default was made.

Also, if the account hasn't been used how was it in credit in Oct 2011.

billinghamfan

I haven't used the account since 2000 it should already be SB. which is my question.

Little_Miss_Uni-Debt

You'll need to have a look at what years the defaults were placed and investigate the dates it was in credit & why.

I know that you feel that this should have been statute barred back in 2006 but defaults change the date this comes into effect.

Companies will still chase for debts that are statute barred until you write to them and inform them that you are aware it is statute barred. Have you sent this kind of letter at all?

There is a template on this site that you can use.

erimus1

Little_Miss_Uni-Debt wrote: »

Hmm strange! Surely they should have recorded missed payments then, not late payments.

Late payments suggests a payment was made to the account.

I guess if they've registered a default on your credit file the debt will become statute barred 6 years from the date the default was made.

Also, if the account hasn't been used how was it in credit in Oct 2011.

A debt becomes statute barred after six years from caused of action, not from when the default date appears on a credit file.

Little_Miss_Uni-Debt

I'm just wondering if any of the following has occurred to stop it becoming statute barred.

*From the limitation act 1980*

Creditors are still able to pursue an unsecured debt if:

• They have previously obtained a County Court Judgement, CCJ, against you.
• You or anyone else named on the agreement have made a payment to the account within the last 6 years.
• You have established any contact with the creditor (this can be a phone call or letter to request a balance or change your details), except to deny that the debt exists.

billinghamfan

Little miss uni

you are not helping! I know everything you have said my query is to why they have suddenly put this on my file and how I can get it off my file as it is incorrect but halifax won't remove it and have suddenly added defaults

BlushingRose

billinghamfan wrote: »

Okay awhile ago I noticed an account was listed on my credit file at an address I moved out of in 2002.

I queried why it was still listed on my credit file as it was back in 2002 with Equifax anyway halifax then claimed that as it was a current account that was never closed it would remain on the file.

It was overdue and now they have listed it as three payments late from Dec 2009 - Oct 2011 in credit Oct 2011, one payment late in Nov 2011, 2 payments late in Dec 2011 three payments late in Jan 2012, four payments Feb 2012, five payments late in Mar 2012, six payments late in Apr and May 2012.

I haven't used this account since 2000 how can this be on my file now??

And how can they default it now.

I can't answer your specific questions, but I think if it were me, I'd request statements and have a look to see where the payments were coming from to make it in credit in Oct 2011? It might help with your investigation knowing this, then you might be able to follow things up after you know where the money came from.

erimus1

Little_Miss_Uni-Debt wrote: »

I'm just wondering if any of the following has occurred to stop it becoming statute barred.

*From the limitation act 1980*

Creditors are still able to pursue an unsecured debt if:

• They have previously obtained a County Court Judgement, CCJ, against you.
• You or anyone else named on the agreement have made a payment to the account within the last 6 years.
• You have established any contact with the creditor (this can be a phone call or letter to request a balance or change your details), except to deny that the debt exists.

Not quite sure what you are getting at here - a debt becomes statute barred from legally recovering through the courts after a six years from last cause of action. Quite clearly, if there was a CCJ in place, this would not matter - why are you quoting the limitation act?