credit report repeatedly shows 6 late payments

Please can someone help me as I can't seem to get an answer to this. Back in 2010 I had some significant financial issues due to being made redundant and to a degree burying my head in the sand. I managed most of it but one credit card I didn't pay, it ended up being sold to hilsden securities.

I have recently checked my credit report. All payments in my mortgage and a few other very small credit accounts like next are up to date however the debt to hilsden is on there from 2012 saying '6'late payments every month since.

I am not understanding why this wouldn't have defaulted? Appreciate that it is a debt I have but looks like if they just keep reporting it as in arrears and 6 or more late payments that I don't have much way out to improve things as I don't have enough to pay it off.

Any advice very much appreciated.
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Replies

  • ArleenArleen Forumite
    1.2K Posts
    While I'm not sure that they have to default an account at all, most do so at around 6 months, you may want to check with the t&c what do they say about that.

    The first thing to do in this case would be to take the head out of the sand and give them a call, maybe figure out a payment plan that will actually work for both of you. Further sitting quiet can, and likely will, result with them going to court and getting a CCJ against you. That will not only stay for 6 more years with you, but will also be actionable for debt collection by bailiffs. Additionally it will also dig the debt hole down by adding court costs, interest and other fees to it.

    If your debts are too much for you to handle, you may want to speak with a debt management charity, like step change.
  • National_DebtlineNational_Debtline Organisation Representatives - Private Messages may not be monitored
    8K Posts
    ✭✭✭✭
    Hi Winter78s and welcome to MSE,


    Realistically, if the debt was sold on then it should have defaulted. You could make a complaint to Hilsden and ask them to amend the data on the credit file under the Information Commissioners Guidelines about registering defaults. If they refuse then escalate the matter to the Financial Ombudsman and the ICO if you need to.


    Just remember, that you will need to have a SOA and a plan to deal with the debt ready because they will likely want a payment plan immediately afterwards, otherwise they are more likely to enforce the debt.


    Another issue I noted from your first message is that this all started in 2010 - if that is the case then it may be possible that this debt is statute barred. This is defined under the limitations act and if there have been no payments, written acknowledges or CCJ's in the last 6 years then the debt may be too old to be enforced in the county court. If this debt is very close to being statute barred, then is this the right time to write and acknowledge it? Good luck,


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Winter78sWinter78s Forumite
    11 Posts
    Thank you for your help.

    Laura could I please ask one other question pls.

    I know this sounds crazy but at the time I was on maternity leave and my husband had been made redundant, I was trying to keep up with everything and was unable to.

    When I eventually, many years and only a few days ago, dared to look at my credit file all other debt which I previously had is gone and I have been paying all my bills like mortgage and other debts with no issues or late payments for years so they are all showing as green but then this one debt is showing repeatedly as red and in arrears.

    i am unsure who the previous debt was for (obviously sold on to hilsden), the original debt isn't on my credit file. I am pretty sure it will be a credit card from way back. Given that the original debt isn't shown I was wondering about how long it has been in this 6 or more late payments stage. .. Suspect it has been since 2010 which as you say would then potentially be due too old to be enforced .. Do you have any advice on how I can find this out pls? And given that they just keep putting the late and not defaulting will it ever disappear unless I do something like contact them which then will mean I have to start paying?

    I honestly have made such a huge effort in the last years to manage my finances and in the past was so ill with worry about it so just hoping to get this last thing sorted.

    Any advice much appreciated.
  • HappyMJHappyMJ Forumite
    21.1K Posts
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    Winter78s wrote: »
    Thank you for your help.

    Laura could I please ask one other question pls.

    I know this sounds crazy but at the time I was on maternity leave and my husband had been made redundant, I was trying to keep up with everything and was unable to.

    When I eventually, many years and only a few days ago, dared to look at my credit file all other debt which I previously had is gone and I have been paying all my bills like mortgage and other debts with no issues or late payments for years so they are all showing as green but then this one debt is showing repeatedly as red and in arrears.

    i am unsure who the previous debt was for (obviously sold on to hilsden), the original debt isn't on my credit file. I am pretty sure it will be a credit card from way back. Given that the original debt isn't shown I was wondering about how long it has been in this 6 or more late payments stage. .. Suspect it has been since 2010 which as you say would then potentially be due too old to be enforced .. Do you have any advice on how I can find this out pls? And given that they just keep putting the late and not defaulting will it ever disappear unless I do something like contact them which then will mean I have to start paying?

    I honestly have made such a huge effort in the last years to manage my finances and in the past was so ill with worry about it so just hoping to get this last thing sorted.

    Any advice much appreciated.

    If you contact them you may inadvertently acknowledge the debt and the clock restarts.

    Personally I would just leave it and let it fall off the credit report in it's own time. Paying it will make no difference and they don't think it's bad enough to default - maybe they couldn't find the credit agreement. They can't therefore enforce the debt in court. All they can do is ask for payment.

    It will fall off after 6 years whether it's defaulted or not.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Winter78sWinter78s Forumite
    11 Posts
    Thank you.

    Suppose what I kind of need to establish somehow is when it will fall off, as I say, it appears on the credit file in June 2012 and immediately says 6 or more late payments, so I am keen to know when they got the debt.. Think from what you are saying I don't really have a way about this without acknowledging the debt.

    Anyone happen to know is there is anyway about this? Thank you
  • HappyMJHappyMJ Forumite
    21.1K Posts
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    Winter78s wrote: »
    Thank you.

    Suppose what I kind of need to establish somehow is when it will fall off, as I say, it appears on the credit file in June 2012 and immediately says 6 or more late payments, so I am keen to know when they got the debt.. Think from what you are saying I don't really have a way about this without acknowledging the debt.

    Anyone happen to know is there is anyway about this? Thank you

    Dig through all your old paperwork and find something that appears to have the same balance.

    Do you need a perfect credit history for a mortgage some time before June 2018?

    I would contact the credit reference agency instead of contacting the creditor and see what the CRA says about removing the entry.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • glentoran99glentoran99 Forumite
    5.8K Posts
    Debt-free and Proud!
    ✭✭✭✭
    HappyMJ wrote: »
    If you contact them you may inadvertently acknowledge the debt and the clock restarts.

    Personally I would just leave it and let it fall off the credit report in it's own time. Paying it will make no difference and they don't think it's bad enough to default - maybe they couldn't find the credit agreement. They can't therefore enforce the debt in court. All they can do is ask for payment.

    It will fall off after 6 years whether it's defaulted or not.

    That's not true happyMj surely, if they account is just being reported as late then it's still open, it will only fall off 6 years after its closed, or if it's defaulted 6 years after that
  • Winter78sWinter78s Forumite
    11 Posts
    Thanks to everyone for your help.

    That's what I thought, if it just keeps been reported as late it will never fall off.. Not sure what to do for the best.

    Over the weekend I will start digging through old paperwork.
  • HappyMJHappyMJ Forumite
    21.1K Posts
    ✭✭✭✭✭
    That's not true happyMj surely, if they account is just being reported as late then it's still open, it will only fall off 6 years after its closed, or if it's defaulted 6 years after that
    It doesn't need to default.

    6 years after the last payment or acknowledgement of the debt and it will go.
    Winter78s wrote: »
    Thanks to everyone for your help.

    That's what I thought, if it just keeps been reported as late it will never fall off.. Not sure what to do for the best.

    Over the weekend I will start digging through old paperwork.

    It will fall off. I had a debt with London Scottish that could never default as I could not be in default of an agreement that was not legal although I wasn't paying anything. It was reported late for 6 years before dropping off and eventually being written off.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Winter78sWinter78s Forumite
    11 Posts
    Okay thanks.

    I have had a mortgage which I have never missed payment on for 8 years and other credit cards which I have not a payment on for years (very small balances, under £500) and I was thinking about moving but I know this has a devastating impact on my 'credit score', just not sure what the best way forward is.

    I saw in Martin Lewis forum that you can sometimes agree to pay a reduced amount to settle the debt and make it a condition that it is removed from credit file.

    Has anyone had any experience of this? Thanks again
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