Can a debt collection agency reapply a 6 year old loan to my credit report?

enfield1988

I counter signed a secured loan for a family member in 2008 with Blackhorse. The loan fell off my credit report in July of this year as it was over 6 years old. Blackhorse sold the loan to Hillisden security, who have now reapplied the debt onto my credit file!!

By law can the same debt be applied to my credit file twice?

I'm absolutely livid as I thought I was rid of this debt finally once and for all!!!!

Please help me, what can I do to get it removed?

Gaz83

Contact Hillsden and explain that the loan is statute barred.

As a point, you're not rid of the debt - you still owe it, just that it cannot be enforced through the courts. Hillsden are within their rights to continue to pursue you for it.

enfield1988

Yes the debt is being repaid the main borrower, however I just want to confirm that by law they have to remove the entry from my credit file?

Gaz83

What date does it show as the default date now that it's reappeared on your file?

101problems

If there was no original default then technically they are within rights to do so however if a default has previously been issued they should not unless under very specific circumstances

enfield1988

Blackhorse never defaulted it. after the 6 years was up it was removed from my file, this was in July.

enfield1988

101 problems - I dont understand, I thought once any debt had gone over 6 years it was removed from your file. I appreciate the debt still has to be paid, but does that mean If wasn't to pay a penny more they can continuously re add the debt to my report every six years?? Surely the same debt can't be applied twice to my report?

101problems

The default can be from six years since you last acknowledged the debt by servicing the debt you have extended the timeline.
Servicing usually means paying or an arrangement to pay and would normally to be statute barred be six years since you last paid them however this is a complete minefield

enfield_freddy

no , only if its classed as a default , this is generally done after about 6 mths , however as this is a counter signed loan and the other person is paying , I don,t know

enfield1988

101problems wrote: »

The default can be from six years since you last acknowledged the debt by servicing the debt you have extended the timeline.
Servicing usually means paying or an arrangement to pay and would normally to be statute barred be six years since you last paid them however this is a complete minefield

I guess Its stuck on my file then.

This loan has been an absolute nightmare! Never helping anyone again

enfield1988

enfield1988 wrote: »

I guess Its stuck on my file then.

This loan has been an absolute nightmare! Never helping anyone again

Thanks for you help!