Removing a Default on CR

[sugarnspice]

Hi everyone, I have recently obtained a report of my credit file, on it shows a default dated Feb 2008, I have never acknowledged this debt despite many letters from one DCA to another. I would like to know if this is now statute barred and if so how do I remove this from my file? This is the only negativity on my file. Many thanks x

[ncf355]

Re: Removing a Default on CR

Hi,

Please dont confuse Statute Barred with the Default - Statute Barred relates to whether a creditor can take the debt to court for enforcement, nothing to do with credit reports.

HOWEVER, the ICO regards the time to record a Default in relation to an account as being a minimum of 3 months and a maximum of 6 months after the relationship broke down.

So this means that if the last time you made the FULL monthly payment due on the card/loan (whatever?) was earlier than October 2007, you have a good case to get the Default removed.

Note the FULL payment bit - so even if you continued paying (for instance) £10 a month of a debt that required £50 a month payments, you would still start calculating the 6 years + 6 months from the date you first paid a reduced payment.

The only area this tends to get 'muddy' in is bank overdrafts.

HOWEVER

[Nottingham2013]

Re: Removing a Default on CR

Just backing up ncf that statute barred and defaults are almost completely independent of eachother. SB is law and defaults on credit file are just a piece of information that lenders share. A statute barred debt can still show on your file and a debt that isn't statute barred may not be on your credit file at all.

I have to disagree with ncf on getting a default removed for the above reason, if a lender exceeds 6 months after COA in placing your default they have broken the rules but this does that mean they have to remove it. They just have to backdate it, I've seen rulings by the ICO where even after the bank refused to do anything about a default the ICO forced them to change the date not remove it completely. Inaccurate data on credit files is not a reason to have the file removed, it just has to be corrected.

[Nibbler]

Re: Removing a Default on CR

Hi everyone, I have recently obtained a report of my credit file, on it shows a default dated Feb 2008, I have never acknowledged this debt despite many letters from one DCA to another. I would like to know if this is now statute barred and if so how do I remove this from my file? This is the only negativity on my file. Many thanks x

I note from your post on the other thread that this default is dated Feb 2008 and is on Equifax.

Defaults should drop off 6 years from the default date, so this should have gone last month.

However, Equifax are generally slow to update their files and remove defaults, meaning they can remain for a few days to a few weeks after the exact 6 year point.

It's likely that this one will be dropped by Equifax very shortly, but to be on the safe side it may be a good idea to contact them and complain that it is still there after the 6 years point when it should have been removed.

[Nottingham2013]

Re: Removing a Default on CR

Sorry I overlooked the Feb 2008, this should be gone anytime now and it probably is statute barred.

[sugarnspice]

Re: Removing a Default on CR

thank you for replies everyone, i'll look into this x thank you