6 year old debt effecting credit score

DistressedDamsel

Hi,

As I am new here I apologise if this is the wrong place to post. 

I have two old debts effecting my credit rating. Both these debts were bought, one by Hoist one by Caboot. 

It has been over 6 years since either of the original companies received any payment or correspondence from myself, ( I have all the old statements etc so I know) Based on the limitation law they are considered statue barred. I have never corresponded with the debt companies. 

My issue is recently I checked my credit report and found Hoist finance are putting a late payment marker on my report every month which has reduced my rating dramatically. So my questions are:
1. As I never set up a payment plan, are Hoist allowed to put late markers on my credit report?.
2. As the debts are over 6 years, which is the best template letter to send to both these companies to make them stop sending me correspondence and to stop them effecting my credit rating going forward? Any letter making reference to an Ombudsman or Financial regulator so that they know not to harass me further or to mark my report? 

Thank you in advance. 

[Deleted User]

Late markers would be applied whether you set up a payment plan or not, if you're not making contractual repayments.

If the accounts didn't default, the late markers will continue, so your next step is to ask them to backdate a default, so that the account come off at the appropriate time .

Ignore your credit rating and the further drop in it when the accounts come off.

sourcrates

What is the date of default on each account ?

If they defaulted more than 6 years ago, they would not still be showing on your credit report, so the fact that they are still showing, suggests either the six year limit is not yet up, or they never defaulted in the first place, you need to check.

In England and Wales, once a debt becomes time barred, all that does is remove the right of the creditor to take legal action against you, however its not always as straight cut as that, they can initiate legal action, and obtain a judgement against you, but only if you fail to defend the claim, its called "judgement in default", so any claim must be defended on the basis the debt is statute barred, so its vital you defend.

The credit score is for your eyes only in this country, only you see it, and it`s never seen, or used by any lenders, at best its a rough indication of your credit worthiness, its history that matters, not scores.

As for the creditor, they can still write and ask you to pay, and they can still mark your credit file, being statute barred does not remove any of their other rights, its a very mis-understood piece of legislation.

If you are certain of your position, you send the statute barred letter to them, they will then respond in kind, depending on whether they agree with you or not, usually once you've sent that letter, they tend to go quiet and fade away, but you must be certain of your dates before you send such a letter, because if you are wrong, you re-set the 6 year clock, and lose the benefit of the legislation altogether.