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default on credit file for 11 years

I have a credit default on my credit file which was originally recorded in 2002. It is not a CCJ. It appears to be reported differently between the 3 credit reference agencies. Monthly records stopping then starting again later with 2 of the agencies but being marked continuously each month on the 3rd agency file. There has been no correspondence either from me to the creditor or to me from the creditor since early 2003. I have not retained any paperwork for this creditor. I am jobless with no savings and wondering how to approach this.

Comments

  • Does it actually show as a default? If so, it should have been removed from your file 6 years after it was logged. If it hasn't been, you can ask the credit reference agencies to remove it. The fact that it appears on all three and hasn't been removed seems odd though. Have they definitely defaulted you and not just kept logging it as 6 months in arrears or anything like that?

    After all this time, it may be statute barred and unenforceable by now anyway (or if you live in Scotland, it can be 'extinguished'). But in that case, I don't know how you go about getting it removed. Someone else may be able to tell you.
    I'm a Money and Debt Adviser for a homelessness and housing charity in Scotland. If you have any questions about debt management and debt relief under Scots Law, just ask.
    The pain you feel today is the strength you feel tomorrow.
  • GlitterQueen_2
    GlitterQueen_2 Posts: 45 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    edited 21 February 2013 at 10:51PM
    Thanks for your reply. And you are correct. It is a marker that says 6+ it is not a default. I want to be clear about all my options before I approach the creditor. It was a hire purchase agreement for a car. I've seen a few scary stories about creditors so I want to know whats what before I start. Also, what is statute barred?
  • Snagggles
    Snagggles Posts: 434 Forumite
    edited 22 February 2013 at 6:42PM
    Quoting from this thread:
    fermi wrote:
    "A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default"

    Some creditors record like that to artificially extend the period negative information remains on your credit file, as if a default had been properly recorded early on, the default would have cleared of the credit file long before that.

    Very very naughty if they have done that, and worth a serious complaint.

    It's not something I know a huge amount about, but if you have a look at that thread, and the post that fermi links to in it, hopefully there will be useful information. I'm not sure if it only applies if you had been in a DMP (because they'd be putting you/your credit record in a worse position than if they'd just defaulted you due to lack of payment) but someone else might be able to tell you whether or not that's the case.

    If not, at least by posting on here, we are bumping it up so someone with some actual useful knowledge (ie not me) might see it and respond.

    Statute barred means more than 6 years has passed without you acknowledging the debt or making a payment. The debt still exists, but the creditor is barred from taking legal action to enforce it. It doesn't apply to certain types of debt, or if you have a CCJ etc, but it sounds from what you have said that it may well apply here.

    (It's different in Scotland, which is why I mentioned that).
    I'm a Money and Debt Adviser for a homelessness and housing charity in Scotland. If you have any questions about debt management and debt relief under Scots Law, just ask.
    The pain you feel today is the strength you feel tomorrow.
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