Confused with Default/CCJ Statute barred Dates

GreyhoundAngel

Hi,

I'm a bit confused with how Default / CCJ dates are dealt with in relation to Statuate Barred times, specifically for debts that have not been paid or acknowledged & ones that seem to have been passed to a Debt collection company.

I've seen this part of a post, but not sure I'm understanding it correctly?! I'm hoping someone can help clarify.

Q. 6 years has passed but the entry remains on my report?

A. It should have been removed by the CRA, so complain to them.


Q. Once the default has dropped off can another be added?

A. No. Only one default can be entered on any account. Once dropped off it cannot be re-added. If that happens then complain.


Q. A debt collector has added a new default or changed the date of the original?

A. A debt collector can have the default record changed into their name, but the default date itself must not be altered. If it is then they must correct it to match the original.

Only one default record is allowed per account, so if a duplicate is created then one of the two must be removed. Limited exception to this is if the original is marked as "Debt Assigned to CAIS. Member", as this entry will not be visible to anyone credit checking you.

I've got a couple of listings that show a different default date by the Debt Company than the original debt, and I've there's been no payment or acknowledgement by me since the original default date.

Both the original default record & the Debt collector records show when I look at my report.

Thanks.

fermi

That posts needs a slight update, as current position from the Information Commissioner is:

https://forums.moneysavingexpert.com/discussion/3172602

CRA Defaults - Recording of defaults relating to debts that have been sold.

The practice of selling/buying debts is widely used. As long as the information is correctly recorded on a credit file by the lender selling the debt and the lender buying the debt, then two entries relating to one account would not be considered to be a breach of the Data Protection Act provided that:-

• both recorded entries are shown as being in relation to the same account/debt;
• the original debt entry should be shown on the credit file as being either ‘settled' or ‘zero' balance and should show that the debt has been ‘re-assigned’;
• the new DC who shows the debt in their name should maintain the original default date and the correct balances;
• the retention period for maintaining the information on a credit file should be based on the original default date regardless of who is responsible for the entry/debt.

So as long as it's clear they are for the same debt, which could be via a debt assigned marker in some cases, then a 2nds entry is OK.

If it's not clear, then it's unlikely to be OK.

If there is a 2nd or replacement entry, the original default date MUST stand. A debt collector must NOT record a new different one.

fermi

Regards the statute barred issue, when a default on your credit report is dated has nothing to do with when an account may or may not be statute barred.

The 6 years limit for accounts being statute barred, and the 6 years that defaulted accounts remain on your credit report just happen to both be 6 year periods.

The dates for the begging and end of them can and will normally be different, so trying to correlate the two will lead you down the garden path.

GreyhoundAngel

Thank you for your reply Fermi,

Looks like there's at least a couple where the dates dont match for original debt info & the DCA info.

Not sure if I'm being totally "dunce" or not, but I'm now even more unsure as to what date I should now be looking at to know if something is statuate barred or not?

National_Debtline

Hi

The 6 years starts running from when the creditor could have first started court action to recover the money, which is usually when you first missed a contractual payment for debts like loans and credit cards. For an overdraft it starts running from when the bank first called the overdraft in. There are other types of debts where it is different but those are the main ones.

If you make a payment or acknowledge the debt in writing within that 6 years you restart the time period.

James
@natdebtline

JJ091370

First post here! Do the credit agencies pass your current address on? I would like to check my credit record to see the situation from things around 6 years ago but worried about having to give my current address. Any help would be much appreciated - thanks.

fermi

The CRAs do allow creditors and debt collectors to subscribe to 'alerts' that can notify them of new data such as a new address on file for you, or they may see the new address linked to the old details if they do a search on those old details.

So yes, it can have that effect.

JJ091370

Thanks Fermi.
So is there a way of checking your record without giving your current address? Again any advice much appreciated.

JJ091370

Thanks Fermi.
So is there a way of checking your record without giving your current address? Again any advice much appreciated.