Default from creation finance

Griffij10

Hello,
I am new to the site and would welcome some advise. I am attempting to clean up my credit file after having my home repossessed nearly 6 years ago.
I took out a loan for £6190 on 08/11/2004 I made my last monthly payment of £86 in January 2007. The original agreement was for 72 months. The account was put in default on 21/04/2011. I haven't been chased for payment and the balance showing is £3996.
Whilst I appreciate I took out this debt and haven't paid it all back, if it had been defaulted on when I stopped paying it would now have been removed from my credit file.
Is there anything I can do other than contact the company involved and sort out a payment plan?
Any advise welcome

happy_bunny_2

If you have not paid or acknowledged a debt for 6 years it's statute barred. So if you last paid in Jan 2007 and haven't acknowledged the debt in writing this is statute barred.

Is the debt reported to your file by the original creditor?

When was it last updated?

You can complain to get this backdated.

Griffij10

Hi,
Yes it's reported by the original creditor. It shows status 6 from December 2006 to march 2011 then it has changed to default in April 2011. Last reported 26/05/2011. Who do I complain to? Many thanks for your help

happy_bunny_2

The company reporting the default.

What they have done is specifically not allowed as per the ICO default guidelines:
https://forums.moneysavingexpert.com/discussion/3172602

If they refuse, refer to the FOS. Will take a few months if this is required.

If its statute barred, there is a template letter to send if they ask you to pay, telling them to sod off.

Griffij10

Thank you x

Griffij10

Hi further to my last post creation removed the default from Equifax but not experian. I have now received a county court application for the debt any advice on how to reply? Also they gave put the default back on equifax showing the default date but not the payment history with the three years of status 6.

happy_bunny_2

National debtline have a fact sheet on replying to court papers.

Give national debtline a call to see if the debt is statute barred.

If so ghosts your defence.

happy_bunny_2

https://www.nationaldebtline.org/EW/factsheets/Pages/20%20EW%20County%20court%20-%20replying%20to%20a%20claim%20form/Default.aspx

rizla_king

CL issued court papers? Or another debt collector?