Credit file amendments

MICKYC_2

My sister has discovered that a previous debt of hers will be removed from her credit file as it over 6 years old and the debt becomes non void.

Does anyone know if this is true because I have a previous loan with is over 8 years old and I still receive correspondence from a debt collector on behalf of this company

Tixy

Hi

A debt/account entry is removed from a persons credit file 6 years after the default date shown on the file.
Being removed from file doesn't mean the debt becomes void (or non void).

A creditor has 6years to take court action against a debtor. If you pay nothing towards a debt for 6years, and you do not write to the creditor/debt collection agency to acknowledge that you owe the money for that same time, and if they haven't taken court action then the debt becomes statute barred. The debt still legally exists but is no longer legally enforceable in court.

That 6 year period could be similar to the date the entry drops off your credit file, but it won't be exactly the same and could be vastly different.

Scottish law on statute barred debts is different so say if you are in Scotland.

So regarding your old loan - when did you last pay towards it? have you written to the debt collector or creditor since? have they ever taken court action against you.

MICKYC_2

Thanks for clearing that up for me.

I was on a DMP paying a small sum to this company well over a year ago and only received another letter the other day saying they will be taking legal action. As I said the loan is over 8 years old and I just fell into financial difficulties paying it back.

This applies to N. Ireland law

Tixy

In NI the law on the statute barred debts is basically the same as england and wales (although the Act has a different name/reference).

So if you have been paying back until a year ago (and if there has never been a period of 6years with no payments) then the debt would not be statute barred.