Removal of account if not UPDATED for 6 years..?

MemmaJ

Many years ago, my name was on a joint Halifax account with my ex-partner, with a £1,000 overdraft. I never used the account as I had my own, but I know that is lawfully irrelevant .

We entered into an IVA in 2007 (again, nothing to do with me - my debt was less than £1000, his was over £20k..!) - but I was 21, stupid, and was 'told' I had to go into it too as we were financial associates...:lipsrseal

Anyway....I managed to remove myself from the IVA when we separated in 2008, and subsequently paid all my own creditors off myself.

He continued on in the IVA but without paying it (because he couldn't afford it on his own), so the IVA company ceased his agreement in 2009.
Obviously it remained on my credit file, but came off after the 6 years (unfortunately this removal did not improve my credit score as I had hoped..!!)

So this joint Halifax account/overdraft was the only joint credit we had, and was part of the IVA.
Since the IVA ceased, I have had no contact with Halifax regarding the outstanding amount. I don't know if my ex-partner has, but I certainly haven't myself.

Unfortunately the account still appears on my credit record, and is marked as 'more than 3 payments late' : but was 'last updated' in September 2009 - when the IVA ceased.

Can someone please clarify whether I can have this removed under the heading of 'statute barred' after 6 years of the date last UPDATED on my credit file (which will be September this year), or is the 'last updated' date irrelevant and will simply prompt Halifax to contact me if I was to flag it up?
If it can be done, would I just contact Experian to have it removed or would it need to be done through Halifax (which is my worry!)?

fermi

If it was included in the IVA at the time, it should have been marked as defaulted in 2007. Not 3 payments late.

If it had have been the whole account would have fallen off your credit report in 2013.

Something being statute barred does not mean on it's own that it MUST come off your credit report, but most statute barred debts would have occurred in situations where a default should have been registered around that time, so most won't appear due to that making it drop off reports.

The question on this is how sure are you it is statute barred? If you are not 100% sure it is then may be worth waiting a bit to complain.

The 6 years would start with the last time a payment or acknowledgement by you in writing was made by you or your agent.

In this case for an acknowledgement that is you or the IVA company on your behalf.

For a payment that is you or the IVA company on your behalf, or as this is a joint debt any payment made by your ex or the IVA company on his behalf.

Payments and acknowledgement work differently like that when there is a joint debt involved.