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can I sue Next

Hi,

I have an adverse credit rating because Next has kept on their file that I once missed a payment (which I paid as soon as got back from holiday). This (according to experian, has been kept on file for longer than is is allowed).

My question is can I sue Next? What are the chances of success?

thanks
«13

Comments

  • Wywth
    Wywth Posts: 5,079 Forumite
    be96erj wrote: »
    Hi,

    I have an adverse credit rating because Next has kept on their file that I once missed a payment (which I paid as soon as got back from holiday). This (according to experian, has been kept on file for longer than is is allowed).

    My question is can I sue Next? What are the chances of success?

    thanks
    Yes. Poor.
  • The_Boss
    The_Boss Posts: 5,864 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    A once missed payment will not have a big impact on your ability to obtain credit. So you will fail having wasted lots of money.
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    be96erj wrote: »
    This (according to experian, has been kept on file for longer than is is allowed).

    What do you mean by the above?

    Lenders give a monthly update and so the month you were late they'd have given a missed payment notice and this would have been loaded.

    Assuming all other payments are up to date etc all subsequent updates should show up to date on it.

    Therefore when you look at your report then you should show one late payment for that one month. That will stay on your report for 6 years but its influence will diminish as time goes on assuming there are no other issues

    It is not Next that define how long it stays on your report
  • The_Boss
    The_Boss Posts: 5,864 Forumite
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    Technically a late payment can show on your report for up to 9 years. If the late payment was 2.5 years ago and today you settled the account, the late payment would already have been on for 2.5 years and the account will then not be removed from your report until 6 years after the settlement date.
  • CherlokHomes
    CherlokHomes Posts: 614 Forumite
    be96erj wrote: »
    Hi,

    I have an adverse credit rating because Next has kept on their file that I once missed a payment (which I paid as soon as got back from holiday). This (according to experian, has been kept on file for longer than is is allowed).

    My question is can I sue Next? What are the chances of success?

    thanks

    A missed payment I'm sure can stay on your file for upto 6 years.
    "You know when it's cold outside when you go outside and it's cold"
  • The_Boss
    The_Boss Posts: 5,864 Forumite
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    Innovate wrote: »
    A missed payment I'm sure can stay on your file for upto 6 years.

    Or longer as per my post immediately before yours ;)
  • esuhl
    esuhl Posts: 9,409 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    be96erj wrote: »
    Hi,

    I have an adverse credit rating because Next has kept on their file that I once missed a payment (which I paid as soon as got back from holiday). This (according to experian, has been kept on file for longer than is is allowed).

    My question is can I sue Next? What are the chances of success?

    thanks

    I don't get it. You missed a payment, and Next recorded the fact that you missed a payment. What are you going to sue them for? Deceptively telling the truth?!

    I don't know if it's true, but I've heard that some companies will look favourably on the occasional slip-up like this if it's quickly put right (i.e. by paying it the next month). It's a chance for them to earn interest, potentially making you more profitable than someone who pays off all debts on time.
  • p00hsticks
    p00hsticks Posts: 14,536 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    be96erj wrote: »
    My question is can I sue Next?

    Yes - pretty much any one can sue anyone for anything.
    Whether it's a good idea or not is another matter....
    be96erj wrote: »
    What are the chances of success?

    Given that you appear to acknowledge that you did indeed miss an payment, I'd say probably non-existent, as all Next have done is correctly reported the facts.

    One missed/late payment is really not going to do a great deal of damage to you credit record particularly if, from, what you say, it seems we are talking many years ago.....
    be96erj wrote: »
    This (according to experian, has been kept on file for longer than is is allowed
  • UsetheFORCE
    UsetheFORCE Posts: 688 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    The_Boss wrote: »
    Or longer as per my post immediately before yours ;)

    Is it not upto 12 years???

    As far as I am aware, it is no longer just 3 years payment history they keep on record but 6???
    I have numerous qualifications in Business and Finance, Accountancy, Health and Safety and am now studying Law.

    Don't rely on anything I write as it may be wrong!!!
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    It's factual information.

    Nothing to sue for. You missed the due date. They are reporting that you missed the due date.
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