Debt Company Added Statute Barred Debt To Credit File

smalandcute

Wondering if someone can help me.

A large debt collection agency bought one of my very old debts, a current account, late last year. The account was removed from my credit file a month or two before the debt collection agency purchased the debt.

In Feb this year they added the account under their name to my credit file and showed it as in default.

Once they contacted me regarding this old debt I sent them a prove it letter. They subsequently wrote back advising they decided to right the debt off, this confirmation arrived in April this year.

My credit files still show this company and status as in default so I did a SAR. My SAR shows that before the debt company wrote to me advising they are writing off the debt that it was statute barred which I thought was the case originally.

At no point did this company advise me it was statute barred, they made out they were being kind by writing the debt off and they haven't updated my credit file in anyway to reflect the fact the debt is SB.

I feel this is cause for complaint. 1) due to miss advise and not being factually correct as to why my debt is unenforceable. 2) not updating my credit file to show the factually correct information, this debt company shouldn't be on my credit file at all as they purchased a SB debt. Do I have any recourse for this?

y3sitsm3

There is no marker that can be placed on a credit file to show it's statue-barred, it's not like other lenders would be particularly interested anyway.

Has it defaulted?  When is the default date?  If it has defaulted are you disputing the accuracy of the default date?

smalandcute

y3sitsm3 said:

There is no marker that can be placed on a credit file to show it's statue-barred, it's not like other lenders would be particularly interested anyway.

Has it defaulted?  When is the default date?  If it has defaulted are you disputing the accuracy of the default date?

I am disputing the debt company placing factually incorrect info on my credit file and miss advising me in their response to my prove it letter. In April this year they knew the debt was SB but have left it showing as in default on my credit files.

y3sitsm3

smalandcute said:

y3sitsm3 said:

There is no marker that can be placed on a credit file to show it's statue-barred, it's not like other lenders would be particularly interested anyway.

Has it defaulted?  When is the default date?  If it has defaulted are you disputing the accuracy of the default date?

I am disputing the debt company placing factually incorrect info on my credit file and miss advising me in their response to my prove it letter. In April this year they knew the debt was SB but have left it showing as in default on my credit files.

A statue-bared debt is still a defaulted debt.  Statue-barring doesn't extinguish the debt, you still owe it, they just can't enforce it in court.

If you're not disputing the default date then there's nothing wrong with it as it stands.

smalandcute

y3sitsm3 said:

smalandcute said:

y3sitsm3 said:

There is no marker that can be placed on a credit file to show it's statue-barred, it's not like other lenders would be particularly interested anyway.

Has it defaulted?  When is the default date?  If it has defaulted are you disputing the accuracy of the default date?

I am disputing the debt company placing factually incorrect info on my credit file and miss advising me in their response to my prove it letter. In April this year they knew the debt was SB but have left it showing as in default on my credit files.

A statue-bared debt is still a defaulted debt.  Statue-barring doesn't extinguish the debt, you still owe it, they just can't enforce it in court.

If you're not disputing the default date then there's nothing wrong with it as it stands.

This is my exact point, default date was over 6 years ago. They know its SB, failed to advise me of it but stated that they have written the debt off.

Although first part of the complaint is about miss advice on the status of the debt, the second part is the credit files, they have written it off and therefore decided to settle it. I know that SB doesn't have it's own status on credit files and I know that it means the debt isn't written off  just completely unenforceable. However they themselves have decided to settle the debt by writing it off knowing its SB so therefore they are not correctly reporting the status on my credit files as Settled. In fairness knowing its unenforceable and over 6 years old, nothing for this debt should be on my credit file in the first place.

I hope that makes sense.

y3sitsm3

smalandcute said:

y3sitsm3 said:

smalandcute said:

y3sitsm3 said:

There is no marker that can be placed on a credit file to show it's statue-barred, it's not like other lenders would be particularly interested anyway.

Has it defaulted?  When is the default date?  If it has defaulted are you disputing the accuracy of the default date?

I am disputing the debt company placing factually incorrect info on my credit file and miss advising me in their response to my prove it letter. In April this year they knew the debt was SB but have left it showing as in default on my credit files.

A statue-bared debt is still a defaulted debt.  Statue-barring doesn't extinguish the debt, you still owe it, they just can't enforce it in court.

If you're not disputing the default date then there's nothing wrong with it as it stands.

This is my exact point, default date was over 6 years ago. They know its SB, failed to advise me of it but stated that they have written the debt off.

Although first part of the complaint is about miss advice on the status of the debt, the second part is the credit files, they have written it off and therefore decided to settle it. I know that SB doesn't have it's own status on credit files and I know that it means the debt isn't written off  just completely unenforceable. However they themselves have decided to settle the debt by writing it off knowing its SB so therefore they are not correctly reporting the status on my credit files as Settled. In fairness knowing its unenforceable and over 6 years old, nothing for this debt should be on my credit file in the first place.

It's not settled.

Stop waffling about it being Statue Barred and tell them the default date is incorrect.

sourcrates

Written complaint to them stating the account has already past the 6 year mark and has fallen off your file once, it should not be resurrected a second time.

Dependant on their response, you have the option of escalation to the ICO.

smalandcute

sourcrates said:

Written complaint to them stating amazingthe account has already past the 6 year mark and has fallen off your file once, it should not be resurrected a second time.

Dependant on their response, you have the option of escalation to the ICO.

Amazing, thank you so much @sourcrates. You are so very kind and helpful with all my issues I post about.