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Old debt reappearing as new debt on my credit file

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  • sourcrates
    sourcrates Posts: 31,542 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    6 years is the time it shows on your credit file, it has nothing to do with enforceability, that is a separate issue.

    Debts can be bought and sold at any time regardless of age, or status.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • PixelPound
    PixelPound Posts: 3,058 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    shenry25 said:
    I was thinking that it had maybe been sold on but can they do that after the 6 years has passed? Also, it's showing on my credit report like it's a current account just with missed payments. No default date but showing the account was opened in 2014. 

    Are you Sure it's the same? I don't mean we'll you only had one. Could be a separate one that never defaulted. Is the account details the same. 
  • shenry25
    shenry25 Posts: 11 Forumite
    10 Posts
    nic_c said:
    shenry25 said:
    I was thinking that it had maybe been sold on but can they do that after the 6 years has passed? Also, it's showing on my credit report like it's a current account just with missed payments. No default date but showing the account was opened in 2014. 

    Are you Sure it's the same? I don't mean we'll you only had one. Could be a separate one that never defaulted. Is the account details the same. 
    Yep it's definitely just the one. Only ever had that account with Vodafone 
  • shenry25
    shenry25 Posts: 11 Forumite
    10 Posts
    6 years is the time it shows on your credit file, it has nothing to do with enforceability, that is a separate issue.

    Debts can be bought and sold at any time regardless of age, or status.
    Ah okay
    I was under the impression that after 6 years, the statue of limitations kicked in and they could no longer chase you for it? (Again, apologies if I have the wrong info)
  • PixelPound
    PixelPound Posts: 3,058 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    shenry25 said:
    nic_c said:
    shenry25 said:
    I was thinking that it had maybe been sold on but can they do that after the 6 years has passed? Also, it's showing on my credit report like it's a current account just with missed payments. No default date but showing the account was opened in 2014. 

    Are you Sure it's the same? I don't mean we'll you only had one. Could be a separate one that never defaulted. Is the account details the same. 
    Yep it's definitely just the one. Only ever had that account with Vodafone 
    Not what I was getting at. It has been known for a second account to be opened, e.g. when an upgrade happens and it not be closed unused, or somewhere someone else's account stated as yours. Do the details match. 

    As it is once defaulted that date cannot change to a later date, so you need to write stating the account has defaulted and the default date needs correcting to when it did (don't start saying remove etc because you are not wanting it removed just corrected. Then as it will be over 6 years it will not show on your credit file). Bear in mind below in any correspondence. 

    shenry25 said:
    6 years is the time it shows on your credit file, it has nothing to do with enforceability, that is a separate issue.

    Debts can be bought and sold at any time regardless of age, or status.
    Ah okay
    I was under the impression that after 6 years, the statue of limitations kicked in and they could no longer chase you for it? (Again, apologies if I have the wrong info)
    They can always chase, the statute of limitations does not stop it being a debt owed. If you have not paid anything for 6 years after default and have not acknowledged the debt is yours then it becomes Statute Barred. Any payment or acknowledgement resets the 6 year countdown. Once StB  it cannot become un-STB even if you then make a payment. 

    All Statute Barred means is they cannot enforce the debt by seeking a CCJ, they can still chase you, just can't make you pay or take you to court. There is a template letter you can send after it is STB to tell them to stop contacting you, but please be sure of your timescales.

    However if a CCJ is granted before it is STB then it becoming STB is irrelevant as there is a court order. 
  • shenry25
    shenry25 Posts: 11 Forumite
    10 Posts
    You have explained this so well thankyou!

    I have nothing to check the details against aside from I know the account was opened in 2014 and defaulted in 2018. It's also got my old address on it from nearly 8 years ago. 

    I've checked my credit reports and there is no sign of a CCJ thankfully. I never fully understood what statue barred etc meant so appreciate the explanation. I haven't made any contact nor have I received anything from them in all this time. 
    Best bet at this point is send them a letter/email asking them to correct the details? Where is the best place for this template? 
  • Nasqueron
    Nasqueron Posts: 10,664 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 17 June 2024 at 12:45PM
    shenry25 said:
    You have explained this so well thankyou!

    I have nothing to check the details against aside from I know the account was opened in 2014 and defaulted in 2018. It's also got my old address on it from nearly 8 years ago. 

    I've checked my credit reports and there is no sign of a CCJ thankfully. I never fully understood what statue barred etc meant so appreciate the explanation. I haven't made any contact nor have I received anything from them in all this time. 
    Best bet at this point is send them a letter/email asking them to correct the details? Where is the best place for this template? 
    You don't need a template, indeed, it may harm your complaint by including nonsense

    Write to vodafone (email, letter, even ring and ask to open a complaint and get a ref and use that for communication) and detail the facts

    Default date x/y/z
    Default must be removed by x/y/z+6 years
    Default has reappeared on the file in breach of ICO rules
    They must remove it

    Probably worth being cheeky and asking for compensation for this mess around though you would have to prove losses if you wanted to claim for anything material

    The old address is likely immaterial unless you told them of the new address, they can, though often don't, and don't need to per se, trace you - debt collectors might but if vodafone decided the debt isn't going anywhere they could well not bother 

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • Hey,

    I’ve had EXACTLY the same thing happen to me this morning. Saw the email from Experian, went on to look and horrified to see a late payment recorded for a defaulted Vodafone account from June 2015! I was 18, the phone software failed after a few months and Apple refused to repair it, Vodafone refused to help so I stopped paying (silly, I’m aware). It defaulted and disappeared off my report around 2022. It has randomly appeared on Experian but nowhere else. Clearscore doesn’t even have it as a closed account anymore and Credit Karma have it as a closed one. My Experian score has dropped from just short of 900 to 440! 

    Wonder if it’s a mistake on Vodafone’s part if it’s happened to more than one person, who knows how many? This thread has some great advice that I’ll follow too. 
  • shenry25
    shenry25 Posts: 11 Forumite
    10 Posts
    Just a quick update especially for the above poster who has had the same thing happen

    I contacted Vodafone via social media (only contact I could find)
    They contacted the credit file team who have agreed that it should no longer be showing on my credit file as it's been more than 6 years. They can't explain why it happened but it will be removed within 30 working days. 
  • shenry25
    shenry25 Posts: 11 Forumite
    10 Posts
    Hey,

    I’ve had EXACTLY the same thing happen to me this morning. Saw the email from Experian, went on to look and horrified to see a late payment recorded for a defaulted Vodafone account from June 2015! I was 18, the phone software failed after a few months and Apple refused to repair it, Vodafone refused to help so I stopped paying (silly, I’m aware). It defaulted and disappeared off my report around 2022. It has randomly appeared on Experian but nowhere else. Clearscore doesn’t even have it as a closed account anymore and Credit Karma have it as a closed one. My Experian score has dropped from just short of 900 to 440! 

    Wonder if it’s a mistake on Vodafone’s part if it’s happened to more than one person, who knows how many? This thread has some great advice that I’ll follow too. 
    Clearscore wasn't showing it either, only Experian. I was gutted to see my score drop so much! 
    Hopefully you manage to get sorted too.
    Must be a serious issue going on with vodafones reporting at the minute 
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