Unpaid defaults

Debtfreestudentnurse

I understand that defaults are not seen on my credit report after 6 years.

What happens if they’re still unpaid after this time?

Can lenders still see them?

[Deleted User]

No they will still drop off your files so no longer visible.

They will become statute barred and not enforceable by a CCJ unless:

You’ve acknowledged it within the last 6 years
Or
You’ve made any payments towards it in the last 6 years (which counts as acknowledging)

In which case the SB clock starts from the last payment/acknowledgement.

So if you’re currently making payments you need to continue even when they drop off

Debtfreestudentnurse

Thanks for the quick reply. I have one due to drop off next month but it still has a balance (I have been making payments towards it).

[Deleted User]

You need to continue paying it or make an offer for settlement.

Debtfreestudentnurse

I’m hoping to make an offer to settle. Do I need to do this in writing, or can I call and get a figure immediately, and pay there and then?

Willing2Learn

Hi Debtfreestudentnurse,

Re F&F, You need to write to them via Royal Mail, so that they can reply in writing and then you have a paper trail. And here is a F&F letter template:
https://www.nationaldebtline.org/EW/sampleletters/Pages/Full-and-final-settlement-offers-%28sole-name%29.aspx?gclid=Cj0KCQjw2IrmBRCJARIsAJZDdxCFYDDia_gi34SAhz_1rv68cZrXS48p8ba602T0V7S7kfNkKvB8SS0aAuQXEALw_wcB


Have you submitted a CCA request for the account already?
https://debtcamel.co.uk/settlements-old-debts-cca/

Debtfreestudentnurse

I’ve not contacted them at all yet. I’ve just been making monthly payments via direct debit.

[Deleted User]

CCA agreement or not, the money is still owed.

Whats was the original default amount, how long have you been paying for, how much per month and how much is left?

Debtfreestudentnurse

£5000, at £50 per month.

I have £2000 left.

Willing2Learn

Debtfreestudentnurse wrote: »

I’ve not contacted them at all yet. I’ve just been making monthly payments via direct debit.

!!! wrote: »

CCA agreement or not, the money is still owed.

I agree with you. However, if after a CCA request the creditor is not able to provide the OP with a reconstituted copy of their agreement, then the debt becomes unenforceable. Then Debtfreestudentnurse would be able to choose either not to pay a non-compliant debt, or to settle with a lower settlement figure.

@OP - You should submit a CCA request to check if the debt is enforceable. It could save you £2000. That would be MoneySavingExpert result

[Deleted User]

What type of debt was it from?