A small victory!

Beeworried

OH and I have been trying to tidy up our self managed DMP recently and have had a small success with 1st Credit.

When OH checked his Equifax report before Christmas there was a default on their from 1st Credit with an incorrect default date. The original default date was 2006 and they had it marked as Nov. 2009. He raised a dispute through Equifax and we heard nothing. He then wrote to 1st Credit disputing the date.

We had wondered why last year 1st Credit had become very aggressive about us upping our payments and we had to send evidence as to why we could not. We did not send evidence initially because we thought the default had dropped off in 2012 and they could not take him to court (we have been paying every month since 2006). After seeing the wrong date on his credit file we realised they thought they could take him to Court.

However getting to the point, finally had a letter yesterday from 1st Credit to say that the original debtor had destroyed their paperwork but looking at his file they have decided to remove the default. Yea. :rotfl:

fermi

The default date on your credit report has nothing to do with whether they can take you to court or not, but good news all the same.

A debt being statute barred depnd on whether after the intial casue of action - which is the first point original creditor could have gone to court - there was any 6 years period in which you neither acknowledge the debt in writing or made a payment.

So is that the case here?

Beeworried

We have been paying them (or predecessors) from May 2006.

I know about Statue Barred this does not apply to any of our debts, I also thought that they would be unlikely to get a CCJ if they had not applied within 6 years of the default?

Have also sent CCA requests to ones we don't think will have the correct paperwork as they were taken out in 2002/03 (when we both had good jobs). Hoping to negotiate reduced final settlements. Fingers crossed.

fermi

Beeworried wrote: »

I also thought that they would be unlikely to get a CCJ if they had not applied within 6 years of the default?

If not statute barred, then no reason why a court would refuse one on that basis.

CCA issue is worth exploring though.