Debt Cleared from Credit Score

Billie72_2

Hi

Wondering if anyone can give me some advice about debt being cleared from credit score, with personal experience if possible.

So when i young I ran up debt with credit card, store cards and have a CCJ against my name from 2011. I have checked my credit score and one has default date of December 2010 and the rest are around May 2011.

As i moved house and not on a voters register my debt was unable to find me and so i forgot about it and have never been incontact to confirm my debt. i have read if this is the case is becomes Statue barred and can wipe from your score after 6 year?

I live in Scotland and know theres a difference with Scottish and English laws regarding this .

I also contacted my CCJ file last year to pay and set up a payment plan but nothing was ever set up as they didnt sent me the letter or start charging me

McKneff

I beleive that in Scotland the debts drop off your credit file after 5 years, in England it is 6 years.

It actually means that you still owe this debt but you cannot be taken to court for it.

It would be probably 5 years and a month to enable it to be cleared.

I would just move on to be honest. If you hear from anyone about the debts, just come back on here for a statute barred template letter

Billie72_2

Thanks

They still show on my credit score (report) on experian even thought its now been over 5 years and will be six years in MAY 2017 is this normal , do you think it will be removed from my experian report in 2017 then?

Jamesx81

As McKneff advised once the time period is up 5 or 6 years dependent on location it should usually drop of within a month (28 days I believe) they normally have as a grace period to update files.

If I was you I would personally question Experian as to why it is still on and re-iterate the point to them that you live in Scotland so defaults, etc should be removed after 5 years.

MrsTinks

SO for the more important debt here - the CCJ - be aware that the debt doesn't become statute barred. The creditor can apply to the court even if 6 years passes from enforcement date to continue with bailiff action if they wish. The court would need to grant it but arguably if you have moved and basically hidden by not registering anywhere then I'd be surprised if a judge chose to deny their application. Scotland may of course differ.

Also don't forget that a Statute Barred debt is not the same as your "credit file" - one is a legal status and one is a file used by companies to help them decide if you qualify for credit within their risk profile.

Are you sure that none of your other debts have been taken to CCJ? They may potentially not show up on your file (or they may show on one of the other 3 agencies) but because you have not linked your addresses before now.

sourcrates

Hi,

Defaults will stay on your file for 6 years.

The "5 years in Scotland" thing, refers only to the Limitations act, and a debts statute barred status.

A default will still show on your file for 6 years regardless of where you live in the United Kingdom.

National_Debtline

Hi

Sourcrates is correct, defaults will show on a credit file for 6 years in Scotland. The 5 year timescale relates how long a creditor has to take court action under the Prescription and Limitation Act (Scotland).

James
@natdebtline

fatbelly

Billie72 wrote: »

Hi

Wondering if anyone can give me some advice about debt being cleared from credit score, with personal experience if possible.

So when i young I ran up debt with credit card, store cards and have a CCJ against my name from 2011. I have checked my credit score and one has default date of December 2010 and the rest are around May 2011.

As i moved house and not on a voters register my debt was unable to find me and so i forgot about it and have never been incontact to confirm my debt. i have read if this is the case is becomes Statue barred and can wipe from your score after 6 year?

I live in Scotland and know theres a difference with Scottish and English laws regarding this .

I also contacted my CCJ file last year to pay and set up a payment plan but nothing was ever set up as they didnt sent me the letter or start charging me

The ccj (decree?) will stay on your record until 2017. Although it will not appear on your file after that it could still be enforced in theory. If the creditor is not replying to your letters I'd leave it alone.

The card that defaulted in Dec 2010 will disappear from your file next month and is probably already 'extinguished' if you have not been paying it or acknowledging it in writing.

The cards that defaulted in May 2011 will remain on your file until May next year but are also likely already 'extinguished' (if you have not been paying it or acknowledging it in writing) as you are covered by Scottish law:

https://www.nationaldebtline.org/S/factsheets/Pages/23%20SCOT%20Time%20limits%20for%20recovering%20debts/Default.aspx


Credit report factsheet

https://www.nationaldebtline.org/S/factsheets/PDFs/12%20SCOT%20Credit%20reference%20agencies%20and%20credit%20reports.pdf