default on credit file UK only

viderz

3

Credit File Default query UK ONLY please?In November 2008 I was in dispute with Santander over a balance that was owed on my bank account. After several chats with them we came to an arrangement I should pay a proportion of the outstanding balance and they would weaver the rest. However after I made payment Santander they did not stick to their end of the bargain and clear the balance which is approx. £200. In April 2009 Santander recorded a default on my credit file and it as been there ever since. Given the six year rule that it stays there for, it should be gone April 2015. Today I logged into my credit and found that the old default registered by Santander as gone completely and that a new default is registered under 'Hoist Portfolio Holding 2 Limited' for the balance that was with owed to Santander. The default date as stayed the same (Apr 2009). The default balance is slightly less Finally getting to my questions. When April comes will this new record still go? Can this new company still pursue the debt? What action can be taken after this date? I am under the impression this debt can only be registered as a default once. Even if it is sold on can the new company re-register the default to a more recent date and the 6 years starts again. Advise please, UK only Thanks in advance

SeduLOUs

It will still drop off your file in April 2015.

When did you make the payment to Santander? Debt becomes statute barred 6 years from the last time you acknowledged the debt in writing (I think the final payment would count but not 100% sure), so if contact and payments were stopped over 6 years ago there is a template letter you can send to the debt collection agency if and when they write to you.

thebritishbloke

The default date will remain the same, as will the date that it leaves your credit report, in this case April 2015.

They can chase you for the debt up until the statute-barred period, which is 6 years from the date you last acknowledged/paid towards the debt. Nothing has changed for you.

FYI, this is a UK forum, 99% of people on here are from the UK.

SeduLOUs wrote: »

I think the final payment would count but not 100% sure

It does count.

viderz

That's great news, I think the last payment was when the default registered. The original balance was something like £1200 and they agreed if I pay £1000 they would settle the rest which really annoyed me as you can imagine. I know some people might just think it's £200 but it's the principle �� I think the company tried calling me the other day but I missed it, when I Google it I'm sure it said this company. Should I worry if this company applies for ccj and can they up till when?

SeduLOUs

If you only made the payment in the April when they put on the default, then they have until April to go for a CCJ.

It's a risk you have to weigh up by the tone of their letters I suppose. Have the money ready and as soon as (if) they start to file court proceedings pay up immediately.

Do you have any evidence in writing/emails that the amount you paid was meant to be full settlement? This is your obvious defence, but only if you can prove it.