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Creditor registering default after 4 years? Also potential statute barred?

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  • #1

    Creditor registering default after 4 years? Also potential statute barred?

    Hi everyone

    I recently applied to extend my overdraft with my bank and was declined so decided to check my credit file.

    I looked at my Equifax file today and have found a debt registered from BT Mobile. The account was apparently from 2003. July 2003 there was a note saying 4 which I think means 4 payments late as of July 2003 but every month till May 2007 was listed as Q for query, default finally registered in May 2007?

    I have a couple of questions:

    1 Can a creditor take this long to register a default as I thought I heard something about the information commisioner saying more than 3 or 4 months was not reasonable.

    2 Also I believe if the original account was 2003 doesn't this make the debt statute barred under the prescriptions and limitations act?

    I messaged Equifax to say I do not acknowledge the debt and that I believe it is statute barred but am not well enough informed of my rights here

    Would love some advice would even love to hear from anyone who has successfully challenged credit file information

    Thanks in advance
    Tags: None
    • 2 likes
  • #2
    Re: Creditor registering default after 4 years? Also potential statute barred?

    No,

    they can't

    I believe the Info Commissioner's take on it is that it should be registered after around (?) 4 months from the point of breakdown of the agreement

    That should have been off your credit file long ago, and I would think you have clear action for damages against them (but take Celestine's and other more experienced members advice above mine on that!), would advise contacting BT first and asking them to sort it and request compensation for their tardiness in registering this (and subsequently removing it)

    If BT wont budge, then contact the ICO for assistance

    Do you have a letter from the bank refusing the OD upgrade? if so, hang on to it as proof
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    • #3
      Re: Creditor registering default after 4 years? Also potential statute barred?

      See HERE for the ICO guidance
      • 2 likes

      Comment

      • #4
        Re: Creditor registering default after 4 years? Also potential statute barred?

        [IMG][/IMG]



        This is how it appears on my credit report. I applied for my overdraft extension online so no proof of that. I contacted Equifax saying I do not acknowledge this debt that I felt that it breached ICO guidance on time taken to register a default and that it is statute barred under PLA (Scotland) which I think is 5 years as opposed to the 6 years till it should come off your credit file. They replied and said they wanted to know name of creditor,account type, account number etc etc. I called them to say I dont have that information as we are talking about something from almost a decade ago and repeated that I thought they were acting illegally having this entry on my file, they said leave it with them for 28 days.

        They did ask if I had ever opened an account with BT, wasnt sure how to answer that other than saying "I do not acknowledge this debt and regardless it is an inappropriate entry and repeated the above". I stated that if it wasnt removed I would take legal action against Equifax as I have made them aware of what laws it should be removed under.

        Anybody else had this and managed to sort it out?

        Also am I right is it 5 years or 6?
        • 2 likes

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        • #5
          Re: Creditor registering default after 4 years? Also potential statute barred?

          You would be flogging a dead horse by pursuing Equifax in this instance.
          BT are the culprits who have supplied the erroneous data and Equifax would implode if it had to assess whether every piece of data it receives is accurate or not.

          Only in the recent case of Smeaton v Equifax [2012] (subject to Appeal) was a CRA successfully sued and that was because IT took the data from a publication and ignored subsequent corrections.

          You must contact BT mobile and submit a SAR to find out what this is all about. Sadly Equifax can't do that for you. I'll come back with a link to the template for the Data Protection Act SAR.

          x
          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

          I am proud to have co-founded LegalBeagles in 2007

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
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          • #6
            Re: Creditor registering default after 4 years? Also potential statute barred?

            http://www.legalbeagles.info/forums/...ur-information
            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

            I am proud to have co-founded LegalBeagles in 2007

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
            If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

            Comment

            • #7
              Re: Creditor registering default after 4 years? Also potential statute barred?

              Thanks Celestine for replying

              Do you know would this be off my credit file in 5 years from default or 6? As if 5 which I thought was Scottish law then arent Equifax at fault for having it on there still?

              Also surely Equifax can see it took 4 years to register default which seems like a stalling tactic?

              Even I get a SAR what would that allow me to do?

              Again thanks for advice

              Comment

              • #8
                Re: Creditor registering default after 4 years? Also potential statute barred?

                Hopefully someone will correct me if I'm wrong...Scottish Law is not my area!

                The debt itself would become statute barred under Limitation Act in 5 years.

                But the default will stay on for 6 years as I believe (tentatively) that CRA's registers are unaffected by the difference.

                Please correct me someone if I've got that totally wrong LOL!
                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                I am proud to have co-founded LegalBeagles in 2007

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                Comment

                • #9
                  Re: Creditor registering default after 4 years? Also potential statute barred?

                  Hi Groovegal

                  Look at this thread:
                  http://www.legalbeagles.info/forums/...TRESSED-**BT**

                  Looks like quite a few people are experiencing this problem as a result of BT uploading a bunch of historical data to the CRA's.

                  Seems like BT removed the data pretty quickly when challenged.

                  Cel
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                  I am proud to have co-founded LegalBeagles in 2007

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                  If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
                  • 2 likes

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                  • #10
                    Re: Creditor registering default after 4 years? Also potential statute barred?

                    Thanks have just had a look, hopefully will hear back from Equifax in next few weeks if not going to contact CEO at BT

                    Comment

                    • #11
                      Re: Creditor registering default after 4 years? Also potential statute barred?

                      Personally I'd complain to BT's CEO before you get the SAR data through. Why wait 40 days??

                      I'm actually thinking of making a press call to BT's media dept about this fiasco. We're possibly only seeing tip of iceberg here.

                      Good luck x
                      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                      I am proud to have co-founded LegalBeagles in 2007

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                      If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
                      • 1 thank

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                      • #12
                        Re: Creditor registering default after 4 years? Also potential statute barred?

                        Ian Livingston, Chief Executive BT

                        Comment

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