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  • FIRST POST
    • zo-po
    • By zo-po 5th Feb 18, 7:24 PM
    • 11Posts
    • 6Thanks
    zo-po
    Creation loan hell, 6mths late payments
    • #1
    • 5th Feb 18, 7:24 PM
    Creation loan hell, 6mths late payments 5th Feb 18 at 7:24 PM
    Long story short, I have a credit account that was opened in 2010, it defaulted in 2011, CCJ in 2012 and interim charge order in 2012, however this account has only been reported on my credit file from 2014. no info is showing for 2012 or 2013 therefore no default shows ups and the account is reported as 6mth late payment. Is this correct? if I pay the debt in full does the whole debt fall off my file as it was over 6years old in 2017 or stay for another 6 years after payment. The company say that the default was issued in 2011 and that they will continue to updat my file with 6mth late payment until I pay the debt I full even if thatís for another 20 years. Surely this is unethical, are they able to do this?

    Thank you in advance
Page 1
    • zx81
    • By zx81 5th Feb 18, 7:34 PM
    • 16,832 Posts
    • 17,830 Thanks
    zx81
    • #2
    • 5th Feb 18, 7:34 PM
    • #2
    • 5th Feb 18, 7:34 PM
    Errors happen.

    If you disagree with the data reported, dispute it and have it corrected. The CCJ should drop off your files in 2018.

    Remember to check all three files.
    • zo-po
    • By zo-po 5th Feb 18, 7:44 PM
    • 11 Posts
    • 6 Thanks
    zo-po
    • #3
    • 5th Feb 18, 7:44 PM
    • #3
    • 5th Feb 18, 7:44 PM
    Well the ccj will drop off but they are still reporting 6 Months late payments and they told me they will do until its paid in full. If thats 3 months or in 10 years. Is that right can they do that?
    Last edited by zo-po; 05-02-2018 at 7:51 PM.
    zo-po
    • Sparx
    • By Sparx 5th Feb 18, 7:53 PM
    • 890 Posts
    • 492 Thanks
    Sparx
    • #4
    • 5th Feb 18, 7:53 PM
    • #4
    • 5th Feb 18, 7:53 PM
    I believe, someone may correct me if I'm wrong, If the account was registered as in Default it can only be reported for 6 years then it will drop off your file from the Default Date. Maybe one to check with Equifax/Experian?

    However... If you have been making payments since, the debt is still enforceable and not statute barred (to avoid any confusion) - regardless if it has dropped off your credit file or not.
    • zo-po
    • By zo-po 5th Feb 18, 8:01 PM
    • 11 Posts
    • 6 Thanks
    zo-po
    • #5
    • 5th Feb 18, 8:01 PM
    • #5
    • 5th Feb 18, 8:01 PM
    The account was defaulted in 2011 so in theory it should have already dropped off but no its still there. It shows 6mths late payments still after the default. It not statute barred because they applied for the ccj and interim charge order in 2012 so this should drop off this month but I feel they will continue to show this as 6mth late and its never going to drop off.
    zo-po
    • sourcrates
    • By sourcrates 5th Feb 18, 10:44 PM
    • 14,030 Posts
    • 13,285 Thanks
    sourcrates
    • #6
    • 5th Feb 18, 10:44 PM
    • #6
    • 5th Feb 18, 10:44 PM
    The account was defaulted in 2011 so in theory it should have already dropped off but no its still there. It shows 6mths late payments still after the default. It not statute barred because they applied for the ccj and interim charge order in 2012 so this should drop off this month but I feel they will continue to show this as 6mth late and its never going to drop off.
    Originally posted by zo-po
    Written complaint to the creditor, have you made payment arrangements yet ?

    If still not happy escalate to the ICO.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • zo-po
    • By zo-po 6th Feb 18, 8:09 AM
    • 11 Posts
    • 6 Thanks
    zo-po
    • #7
    • 6th Feb 18, 8:09 AM
    • #7
    • 6th Feb 18, 8:09 AM
    No arrange made yet. I want to pay it all in one go so need to wait till next payday. if I set up a payment plan I cant get a mortgage for 12 months. If I pay in full worst case is that I have to be 3 months clear. So if I pay in full with the whole thing drop off my reported credit file? As it defaulted in 2011? In which case I can get my mortgage offer. If I dont pay upfront but get the default date reported correctly does it come off because of the issue date? In this case I can pay in full when I sell my property? If I dont get this sorted quickly I will lose the property I wish to buy. Its a nightmare.

    Thanks for your reply so far.
    Last edited by zo-po; 06-02-2018 at 8:11 AM.
  • National Debtline
    • #8
    • 6th Feb 18, 4:22 PM
    • #8
    • 6th Feb 18, 4:22 PM
    Hi zo-po


    A default should be recorded on your credit file from a date earlier than the CCJ. The default shows a relationship breakdown between you and the creditor, and if court action has been taken the relationship has clearly broken down.


    You'll need to raise a formal complaint with the company who has recorded the debt on your credit file. If they won't add the correct default date you'll need to take your complaint to the Information Commissioner's Office (ICO). If the debt was a credit debt you could also raise a complaint with the Financial Ombudsman Service (FOS).


    Once the default has been added from the correct date, the debt will drop off 6 years on from that date. The CCJ will also drop off 6 years after it was registered. Good luck getting it all sorted out.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • zo-po
    • By zo-po 7th Feb 18, 11:50 AM
    • 11 Posts
    • 6 Thanks
    zo-po
    • #9
    • 7th Feb 18, 11:50 AM
    • #9
    • 7th Feb 18, 11:50 AM
    Just a quick update after lots and lots of phone calls to creation they have agreed to apply the default at the date issued which was 2011 and early 2012. So these accounts with be removed from my credit file at the most 28 days time.

    So now I can move on to get my mortgage.
    Thank you all for taking time to answer my questions and giving advice.
    zo-po
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