Credit File Information

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OK, still in the process of sorting out the mother in law - it's going to be a long slog.

Years ago she had a Barclaycard which is showing on her credit file as being 6 payments late. It has been showing that since October 2008. This is when the last payment was made to the account. She has not paid anything since and nor have BC or any DCAs been in touch with her.

There is no default showing on her credit file. She cannot recall whether she received a default or not and has not retained any paperwork from that long ago.

I cannot believe BC didn't default her?

Will this '6 payments late' stay on her credit file forever assuming BC don't bother chasing it? Or is there a point when it will drop off? Should they have defaulted her at the time by law?

Any help gratefully received.

happy_bunny_2

It will stay forever I think. When was the update date on the report? Accounts fall off 6 years from paid up or default date.

They should have defaulted within 6 months according to ICO default guidelines.

Could complain to get it defaulted at an appropriate date.

Should be aware though, that if not paid or acknowledged in writing for 6 years, it becomes statute barred and they can ask to pay but can't make you. No court etc.

Complaining will reset that 6 year clock I expect.

Searching her credit file my wake up a DCA, unless she's been doing that for a while anyhow.

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happy_bunny wrote: »

It will stay forever I think. When was the update date on the report? Accounts fall off 6 years from paid up or default date.

They should have defaulted within 6 months according to ICO default guidelines.

Could complain to get it defaulted at an appropriate date.

Should be aware though, that if not paid or acknowledged in writing for 6 years, it becomes statute barred and they can ask to pay but can't make you. No court etc.

Complaining will reset that 6 year clock I expect.

Searching her credit file my wake up a DCA, unless she's been doing that for a while anyhow.

BC are updating it every month from the looks of things. It's another year for the 6 years of last contact.

She could pay it back but it would be at some nominal rate and I think the debt would outlive her by several thousand in all honesty.

I won't bore you with all the details but this is a 20+ year mess we are unpicking.

Thing is she had a BC Visa and MC: one of them defaulted in 2008 and she has a repayment arrangement destined to go on for another 20+ years (arrangement been in situ since 2009 which she has kept to religiously). The other she's not heard anything from and she's just left it (she's a bit of an ostrich). It's too much for us to pay back for her.

Sounds like it might be best to hope not to hear anything for another year and then write to ask for the default to be registered properly (which would put the default at 2008) and would then be removed from her file and she can set up a payment to them every month then.

Thanks for your help.

happy_bunny_2

I would stay low for one more year plus a few months then get the default date corrected via a written complaint to BC.

After that, re-assess your payment options knowing they can't make you pay at all and certainly not more than is affordable.

DCAs often have a final push before the 6 year point.

Good luck

HB

fermi

https://forums.moneysavingexpert.com/discussion/3172602

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.