Company has just 'reenabled' my debt from 2007?!

gerardflanagan

I'm carrying on a thread from here: https://forums.moneysavingexpert.com/discussion/5254675

I want to purchase a flat so got my credit checks with checkmyfile and experian. Checkmyfile shows a default for a Gas account on 24/11/09. I've always paid all of my bills so I was shocked to see this! Anyway, I rang them up and the account was apparently closed on 19th December 2007. Checkmyfile says the default will be reported until November 2015. In speaking to them, they said that there was also an electricity amount outstanding but it was written off. They said one or both of the debts has been reenabled as a result of my call and I need to ring the debt collection line. I thought I'd post here first to see what you think?

I don't recall ever being notified about this outstanding amount, and I always settle my bills in full and on time. I am now very scared they can mess up by chances of buying a house. Do you have any advice? Should I call their debt collection line?

It's so long ago that it is difficult for me to remember which bank account I had and get access to check if I paid. One other weird thing is that I've found a record of me having a package delivered in Sept 2008. I don't know why I would have had the account closed in 2007 if I still lived there in 2008. It makes me wonder if it was transferred to someone else I lived with and paid off.

I'd like to discuss more with them, but I'm scared of them decimating my credit record and chances of owning a home. Do you have any advice?

Tixy

Who told you the account was closed in December 2007? british gas?

Who is reporting the debt to the credit reference agencies? british gas or a debt collector?

If the account was closed in 2007, or you ceased payments in 2007 then the default should not be listed as 2009. I would consider writing to them and challenging the default date listed on file.

Regarding the other elec debt they cannot put it back on your credit file as a credit entry / default at this stage.

If these debts are as old as you think then they may well be statute barred. If you think they are statute barred then if british gas or a debt collectorstart writing to you about these debts you could send them a template letter to say that you believe they are statute barred and that should stop any further chasing.

The first few posts on here explain about SB debts Statute barred debts and the Limitation Acts

gerardflanagan

The entry in checkmyfile is called 'BRITISH GAS - GAS' and the lender's address is given as britishgas.co.uk. The electricity doesn't appear to be entered against me.

Thanks for that guide. It says 'Even if the debt is statute-barred, it may still be on your credit reference file.', which is concerning. Does that mean they can still apply for a CCJ against me, even after the default expires?

Tixy

gerardflanagan wrote: »

Thanks for that guide. It says 'Even if the debt is statute-barred, it may still be on your credit reference file.', which is concerning.

This would happen if a person stopped paying in say Jun 09, the creditor may then register a default in say Dec 09.
If the creditor didn't take court action then the debt could be statute barred from Jun 15, but still on the person's credit file until Dec 15.

gerardflanagan wrote: »

Does that mean they can still apply for a CCJ against me, even after the default expires?

If you made payments after the default was registered on your credit file then yes, it could drop off your credit file before it becomes statute barred. Sounds like that is not the case here though.

So it can work either way round. The key thing is that the default date is not related to the date a debt might become statute barred.

gerardflanagan

Great, thank you. So if the account was closed 17th Dec 2007, as they say. Should it have defaulted 17th July 2008, at the latest, 6 months afterwards? I think I read somewhere it should be 6 months from the last payment or notice of payment.

Tixy

Yes usually a default should be entered no later than when the debtor is 6months in arrears.

gerardflanagan

I've just spoken to the National Debt Line, who weren't very helpful to be honest. They said that the 6 month thing is only a guideline and the default date could theoretically be justified. I could argue it with British Gas in writing, but they might serve a CCJ against me once they have my address.

My other option is to wait it out until November this year, when the default should expire. I'm loathe to do this because if I could just have a reasonable conversation with them I could probably prove it was all settled. If I do wait it out, they could try to serve a CCJ against me now that I've phoned them. They don't have my address but I'm concerned now that they'll serve it against any address they can and I'll need to complain about that. Argghhhh.

rizla_king

gerardflanagan wrote: »

I've just spoken to the National Debt Line, who weren't very helpful to be honest. They said that the 6 month thing is only a guideline and the default date could theoretically be justified.

National Debtline are talking a load of b0llucks there I assure you.

A CCJ is not going to happen,but if it did this is statute barred so you could oppose it.

Tixy

If you are worried about them commencing court action then ensure that they have your current address details. And writing to them is best as that's written proof that you have provided them with your correct address.

That way if the do try to commence court proceedings you will know about it and have the opportunity to defend the case (which would be easy if it is statute barred).

If you lose the case then as long as you pay in full within a month of the court date the CCJ is not recorded on your credit file or on the register of CCJs.

All that said court action is probably unlikely, especially if the debt is statute barred.

gerardflanagan

Ok, thanks. I want to ring the debt collection dept tomorrow (I only spoke to accounts today). I want to find out what they allege I owe and where they say they sent letters. Should I ask them to remove the default (by amending the date back so it finished more than 6 years ago) on the phone? Or am I better to first get them to put in writing that the account was closed in Dec 2007?

gerardflanagan

I sent the letter special delivery and apparently it's now at a delivery office waiting to be collected! Do I need to send it again?

I sent it to:
British Gas
PO Box 227
ROTHERHAM
S98 1PD

https://www.britishgas.co.uk/Help_Advice/ContactUs/