Default Notice on Statute Barred Debt

NBS77

My wife recently reviewed her credit file with Equifax and found that a default notice had been placed on her file by MKDP. We have clarified with MKDP that this was in relation to an account with HSBC that is in fact statute barred.

From my research I understand that a default marker can be placed on a credit file in relation to statue barred debt but I am unclear of the time scales that are involved in this. I believe that the last activity on this account would have been in 2003 and up until this date no default marker has ever shown. Certainly there has never been a default marker placed on the account by HSBC only MKDP. Having challenged the marker with MKDP they insist that it is acceptable and have sent a copy of the default notice dated 8th February 2012.

My question is if this default marker can be challenged and removed? Hopefully I have made sense but I am happy to clarify if needed!

Thanks in advance for any help given!!

Hazzinho

The debt drops off 6 years from the default date, the default date should match the HSBC default date. It's not unheard of for these debt companies to change the original default date when they buy the debt meaning it stays on your file longer, if you have proof the default was earlier they must change it to that date.

NBS77

Thanks for the reply...

How would I find out the original default date from HSBC? If I contact HSBC this will not change the fact that the debt is statute barred?

AJG384521

Was it a bank account overdraft or credit card that the debt relates to?

NBS77

Overdraft.

AJG384521

Was she in under her arranged overdraft or over it when she stopped using the account?

CKhalvashi

I'm more interested in why this would be relevant, too.....?

AJG384521

CKhalvashi wrote: »

I'm more interested in why this would be relevant, too.....?

Is that aimed at my question?

If it is then its relevant because the default could start from when the overdraft is recalled by the bank. If she was under her overdraft limit then it could be years before it becomes defaulted.

NBS77

My wife was under her overdraft limit. The amount on the default notice was £850. The limit was £1000.

Would HSBC have to apply the initial default though?