credit report repeatedly shows 6 late payments

glentoran99

Winter78s wrote: »

Is there not a 'rule' that after so long it should default?

No rule as such but their is guidance

dumpyboy

Winter78s wrote: »

Is there not a 'rule' that after so long it should default?

They will tell you no ,fos will most likely agree them, had a big fight with mbna over this went to ico after a couple a years got the 6 changed to up to date (as was on a payment arrangement) if you not paid for six years may get it changed to default date in 2010, as ico says you can not not report 6 months arrears for years on end

Anthorn

Winter78s wrote: »

Is there not a 'rule' that after so long it should default?

No. That's up to the lender to do. Could be they don't even know about it. If they have not done anything 6 years after you last contacted them about the debt or made a payment the debt becomes unenforceable according to the provisions of the Limitations Act 1980 known colloquially by the Americanism, "Statute Barred".

Winter78s

Pls can someone help with what would be best going forward.

From some of the advice above it appears that unless hillsden default the debt it will just keep going as a live arrears which is obviously a nightmare.

HappyMJ

glentoran99 wrote: »

I think you got lucky, couple of things, whether the agreement was legal or not it can still default, just because it unenforceable in court doesn't mean they cant report it.


If it was written off that would be why it disappeared from your credit file

It was written off long after the debt had fallen off the report.

What would they have defaulted? I did nothing wrong.

To see the full history of the case you need to look up London Scottish. They could not default anyone as all the credit agreements they had with customers were unenforceable. The company went into administration in 2008 (due mainly to that issue) and only this year 2016 the debt was irrevocably written off. I took the loan out in 2005 and stopped paying in 2006. The debt was no longer on my credit report in 2012.

As has been said they can't report it in arrears forever but they also could not report the debt in default.

Winter78s wrote: »

Pls can someone help with what would be best going forward.

From some of the advice above it appears that unless hillsden default the debt it will just keep going as a live arrears which is obviously a nightmare.

Personally, I would just wait until 6 years have passed, the debt becomes unenforceable and you can then demand it be removed from your credit report.

glentoran99

HappyMJ wrote: »

It was written off long after the debt had fallen off the report.

What would they have defaulted? I did nothing wrong.

To see the full history of the case you need to look up London Scottish. They could not default anyone as all the credit agreements they had with customers were unenforceable. The company went into administration in 2008 (due mainly to that issue) and only this year 2016 the debt was irrevocably written off. I took the loan out in 2005 and stopped paying in 2006. The debt was no longer on my credit report in 2012.

As has been said they can't report it in arrears forever but they also could not report the debt in default.

Personally, I would just wait until 6 years have passed, the debt becomes unenforceable and you can then demand it be removed from your credit report.

Seems to be a unique situation you were in, a debt wont fall off your report in normal circumstances if its not defaulted or account closed, it has been ruled in court that even if an account is unenforcable they can still report it to your credit file. OP needs to be pushing them to issue a default

sarahb7538

Have a read of this document. It is quite helpful as explains when a default should/ shouldn't be registered. This is the guidance that was enforce in 2007. Its quite clear really.

http://www.experian.co.uk/assets/responsibilities/brochures/guidance_on_defaults.pdf

What is the last date of entry for this account on your credit file, is it a recent entry or 2012?

I have just raised a complaint with a company, who didn't default an account i held with them in 2010, meaning that its still reporting on my credit file. I have missed at least six months, plus i was over my limit and only making token payments at the time. I have been in a DMP though so my situation is slightly different.

I have also had a provisional decision from the FOS in my favor for another account where i was sent a default notice letter but the account was never actually defaulted with the CRA's.

Hope you get it sorted x

sarahb7538

Just to update this thread as it may come in handy to comeone else. The company refused my complaint. I referred it to the FOS who have agreed in my favour that the account should have been defaulted back in 2010. As this is now over six years ago , as it would have dropped off by now it is in the process of being removed.

I'm very pleased about this as apart from some payday loans my credit file is now clear after seven years of hell really during my DMP. Feeling a lot more positive about the future as my file now shows no credit - apart from my utilities and mobile and that's all positive information and a fair reflection of how I deal with my finances now ��

It is worth pursuing if you feel a debt should have been defaulted.