Information to help you deal with your CRF's

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By Curly Sue
#202416 I was under the mistaken belief thet statute barred debts could not be registered on your credit file. I have sent off a statute barred letter concerning an old relatively small debt (i am sure it is statute barred). However, of overriding concern for me is a clean credit file. I had verbally offered a small full and final settlement which the DCA agreed to but they then must have taken this as encouragement as they ignored the agreement and started to send increasingly threatening letters. I phoned up 3 times and said look i thought we had an agreement here. They said yes we have but still sent out demands for the full amount.
So in a nutshell what i am asking is would it do any harm to send a letter saying i am willing to pay a small f & f settlement, should i call instead, is there any particular way i should word the letter, how typical is it for DCA 's to place notices on a persons credit file for a statute barred debt.
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By Yogi Bear
#202422 If the debt is statute-barred you're not legally obliged to pay them anything at all. If you want to offer them a small 'goodwill' payment as a Full & Final settlement you can, but you should just withdraw the offer if they start arguing about it.

They can't put the debt on your credit file if it's statute-barred, because all the data will be more than six years old and therefore beyond the time that anything is retained on your file. If you find they do, then file a dispute with the agency straightaway and get it removed.
By Curly Sue
#202460 Thanks for the reply Yogi but i am STILL a bit confused. Whilst reading a reply from Simon to a statute barred question in the Ask the Expert section he wrote "the only stick left to creditors who own statute barred debts is the fact that they can register the fact that the debt is still outstanding and remains unpaid on all of the debtors CRA files". This suggests a statute barred debt can be re-registered on a credit file. Could you clear this confusion up for me once and for all.
Thanks, Sue.
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By Yogi Bear
#202463 Well, Simon's the expert, and I'd hesitate to disagree with what he's told you. However, according to the agencies, the retention period for accounts on your credit reference files is "6 years from the date the account was settled, written off or defaulted, whichever occurred first"

Since a statute-barred debt isn't settled, and hasn't (yet) been written off, the operative date would be the default date, which must logically be more than six years previously. The only way a lender could put an entry on your file would be to use current dates: but to show a current default is going to contravene the Data Protection Act and the Information Commissioner has the power to order it removed. :?
By Si
#202532 Hi Yogi. To put an end to this discussion I would comment that all or most (my memories not getting any better with age or alcohol) that I have seen had new or fresh altered dates on them which means that they were probably purchased after becoming statute barred before the new information was registered. Those date being when the new owner bought the debt in question and started action. This would fly in the face of the fact any new owner only has the same rights and obligations as the previous one etc but the entries remained despite numerous complaints to the CRAs and commissars office. I think that the confusion may come as a result of the fact the debt remains legally due and have been bought by a new owner who then starts action to recover which appears to be OK as far as the commissionaire’s office is concerned. If anyone can get a result that’s different then brilliant and we can all use that but I’ve not been able to get one that’s been removed on these grounds myself nor do I know any paid full time adviser that has. I guess its watch this space and at some point let’s help someone challenge the entries again and see what the response is. I hope this helps & best wishes Si