can anyone give me advice

vintagegirl

i had a car loan which defaulted and dropped off my credit report in 2010.
it was never fully paid off by me.

anyway to cut a long story short i never heard anything else but have now had a letter from Hilliesden Securities saying they have taken over the loan from Black Horse and 'we will start reporting against your credit file within 30 days of you receiving this letter'

surely they cant do that to a default that has already dropped off?
any advice on what to do ?

fatbelly

No, but that may be a secondary issue.

When did you last make a payment to this account? Did you ever get a country court judgement on it?

vintagegirl

no i havent had a ccj on it, honestly cant remember when i last made a payment on it. could have been 2010

nicp60

I could be wrong, but as far as I'm aware a debt becomes statute barred from 6 years from the last action (ie payment/acknowledgement by you) on the account. If that was 2010, this debt won't be statute barred.

However, I'm pretty sure there are rules about duplicating a previous default, and if Black Horse originally defaulted the loan, then I don't think that anyone can actually make another entry on your credit report for the same debt.

However, as this debt (probably) isn't statute barred, then they can enforce it. I believe they could actually get a CCJ for this.

Hopefully someone with a more solid knowledge will come along to confirm if this is the case.

vintagegirl

I don't believe a ccj will happen. However what I'm concerned is can they put a default back on when its already been on p

matttye

vintagegirl wrote: »

I don't believe a ccj will happen. However what I'm concerned is can they put a default back on when its already been on p

They can't do this. Well, not by law anyway. Sometimes that won't stop them, but you can make complaints through the proper channels and get it removed if they do add one.

iolanthe07

If you owe it, why don't you just pay it?

rizla_king

vintagegirl wrote: »

I don't believe a ccj will happen. However what I'm concerned is can they put a default back on when its already been on p

No, they can't. As has been said, if they try then you can complain and get it removed.

fatbelly

vintagegirl wrote: »

I don't believe a ccj will happen.

Hillesden/DLC do occasionally take court action but they more often issue empty threats. If there's just a small balance remaining you may be right.

vintagegirl

was thinking about this the other day and i remembered the black horse debt had never been on my experian or equifax file

Experian_company_representative

If a default is being registered with a credit reference agency it should only be registered once (with one exception - see below) and the date should reflect when the account defaulted.

The exception is this: if, while a default is currently registered, it's sold to another data-sharing company, the new company can register a new default in their name with the original default date. The old default is retained on your report but marked 'debt sold to CAIS member', which blocks it from credit scoring.

So in your case, it's more than six years since your account defaulted so your credit rating should be safe!

James Jones