Statute Barred on a credit card never defaulted.

[Fused]

Hi,

I was hoping for some information regarding a credit card that is showing on my credit file

despite the debt being approximately 7 years old and during this period no payment or acknowledgement towards it by myself has been made,

 

 

the company has never defaulted it.

 

 

I am currently not being chased for it,

 

 

in fact I have never received any corrospondence during this period.

 

 

I hope to apply for a mortgage and

 

 

I am concerned as to what I should say regarding the debt,

 

 

after all I don't acknowledge it.

 

 

Any help would be gratefully received.

Thanks,

Fused.

[caro]

It shouldn't be on your credit file so forget it.

[Fused]

Thanks for the reply. Would anyone have any information on getting it removed from my credit file preferably without contacting the card company and what information I should give regarding the outstanding balance when applying for a mortgage.

Many thanks, fused.

[BRIGADIER2JCS]

Thanks for the reply. Would anyone have any information on getting it removed from my credit file preferably without contacting the card company and what information I should give

Many thanks, fused.

 

 

Write to the Data Controller at the CRA (s) involved and state that you requires a notice of correction place on the files that the debt is statute barred.

 

 

This record will certainly damage any application I suspect especially if the outstanding balance is large.

 

 

As the creditor has not made any contact and you have neither paid or acknowledged the

alleged debt you can most certainly write the creditors Data Controller informing them that the account is statute barred and you therefore do not acknowledge any liability and will not make any payment now or in the future.

Also because of the creditors failure to default the account within the guidelines laid down by the ICO the CRA entry is now an unfair record.

[Peterbard]

###Hmm

What is the default date on your file for this debt ?

[caro]

Apologies for my reply. I didn't pick up that it still shows on your file, which it appears it shouldn't be.

[Peterbard]

Presumably they would have put something on his report, otherwise he would not have noticed it. Defaulting a debt is not the same as registering a default on a file, but of course you know this

Edited October 31, 2014 by ims21

[Peterbard]

there shoud be some date on the record of the last entry even if it not a D this would be important I would think

Edited October 31, 2014 by ims21

[Fused]

Thanks for all your replies and the advice BRIGADIER2JCS.

 

 

I am only currently viewing my credit file through one CRA.

 

 

The debt along with others were briefly on a DMP.

 

 

This shows on the credit file it has an arrangement start date in 2006.

 

 

My credit file is now in good order other than this account remaining.

 

 

It is showing as an outstanding debt balance but has never been defaulted by the credit card company,

it is marked as satisfactory and the payment made as zero all the way back as far as it shows (72 months)

and it was last updated this month, once again zero payment and satisfactory.

 

 

Would the fact this was on a DMP make any difference?

 

 

Thank you for your help.

Fused.

[dx100uk]

aha

the infamous AP marker

never goes away and kills your credit rating.

 

 

sadly going by the latest ICO guideline they consider this acceptable.

 

 

however you could beg to the original creditor to default the debt properly

as they should have done 72 months ago when the ICO guidelines were diff.

 

 

the other factor here is the [in] action by whomever that DMP was with? [who was it - not fee paying I hope!]

 

 

they should have gotten the debt defaulted.

 

 

dx

[Peterbard]

Ah that makes much more sense.

 

There is something in the guidelines which states that no one should be worse off for entering a repayment plan.

If you defaulted on the plan over six years ago I would think tha the SB would still be a viable argument, as the COA would have been on that date.

If it were me i would write advising that the debt was now statute barred and asking them to remove the entry from the file

[Andyorch]

Hi Fused

 

You state this debt was briefly on a DMP.Has that plan now ceased ? Each month the debt management plan is in place you may receive a default against your name which lasts for a period of six years. For example, if your plan lasts 10 years and the creditor continues to record defaults then your last default will be removed in 16 years time.

 

I would query it with the DMP company as to why its still showing.

 

Regards

 

Andy

[Fused]

The original DMP was with payplan and was fee free. I think I will write to the CRA as recommended to hopefully try to get it removed. I would be concerned that it would suddenly get defaulted causing more problems than it currently is. Thanks for your replies. Fused.

[Andyorch]

I would still query it with Payplan also.

[BRIGADIER2JCS]

The original DMP was with payplan and was fee free. I think I will write to the CRA as recommended to hopefully try to get it removed. I would be concerned that it would suddenly get defaulted causing more problems than it currently is. Thanks for your replies. Fused.

As said previously Fused a default at this late date is highly unlikely and would easily be challenged at the moment the entry (s) are a nuisance and I think you correct in writing requesting removal now.

[Fused]

Hi Fused

 

You state this debt was briefly on a DMP.Has that plan now ceased ? Each month the debt management plan is in place you may receive a default against your name which lasts for a period of six years. For example, if your plan lasts 10 years and the creditor continues to record defaults then your last default will be removed in 16 years time.

 

I would query it with the DMP company as to why its still showing.

 

Regards

 

Andy

 

Hi, the DMP is no longer active.

It ended approximately 7 years ago, probably a little longer.

 

 

This was when I could no longer make the payment.

 

 

The other creditor accounts were removed from my credit file once the six years had passed and are no longer showing.

 

 

Thanks fused

[dx100uk]

were there other debts in the plan at that time?

and did they get defaulted when the plan started,?

and have now vanished?

 

 

don't forget the monthly markers are just that, markers,

 

 

if a Default Notice was never, [which I think here is the case]

then there wold never have been [as found out] a default date registered in the debt summary.

 

 

if this is the case, then payplan are at fault here

 

 

it will never fall off

 

 

these AP markers are a nightmare

[Andyorch]

Precisely DX hence the call to Payplan

[Fused]

I think the other debts were defaulted prior to entering the plan as the default dates on my credit file varied, but they have all gone and are no longer showing. Would payplan be able to offer any assistance in correcting this if they were at fault.

[Andyorch]

Maybe.... maybe not but at least it would eliminate them from the problem...then you only have the OC and CRAs to deal with.

[Peterbard]

I don't think the DMP provider will have anything to do with the recording of the data, that will be down to the owner of the debt, I would think.

 

If the debt is stat barred there may be an avenue of negotiation available regarding getting the entries removed perhaps a full and final offer ?

[Andyorch]

The debts were initially administered by the DMP...Payplan have control of the data with the Creditor once you enter a DMP on the posters behalf...so as per my initial post once you enter a DMP subject to the length of that plan... (six ..ten ..fifteen years subject to how much debt is in the plan ) they administer the data.

 

It may be that this one has slipped through the net and Payplan have not removed it as they did for the other debts.

[Peterbard]

The debts were initially administered by the DMP...Payplan have control of the data with the Creditor once you enter a DMP on the posters behalf...so as per my initial post once you enter a DMP subject to the length of that plan... (six ..ten ..fifteen years subject to how much debt is in the plan ) they administer the data.

 

It may be that this one has slipped through the net and Payplan have not removed it as they did for the other debts.

 

Well I must admit this is news to me, after all you can administer your own DMP cant you, and you would not then be responsible for notification of the data to the CRA, also I would have thought that an accurate record of payment would only be recorded once the money had reached the creditor which is usually some time after it is received by the DMP, what happens if the DMP does not forward the payment at all ? I have a contact at payplan so i will ask the question and I will get him to confirm early next week.

[Peterbard]

Also Andy. DMPs are not usually taken out for a particular period, although usually a forecast is given to the debtor as to how long the debt will be likely to take to repay.

 

The parameters for repayment are calculated on the amount of disposable income against the amount of debt, there are no time scales.(the repayment time may of course vary through the life of the DMP as the disposable income changes)

[Andyorch]

You most certainly can administer your own DMP......but who would have more clout?

 

Most of the larger DMP companies can have agreements set up in place...they can even prevent a default being registered at all.

.....again they have clout..

 

As for the period of the DMP there is no set period as stated but most vary between 6 and 15 years subject to the amount of debt and subject the debtors available disposable income.