A reader asked if she has to pay a debt that she can’t see on her credit record.
Many people think that checking their credit record is a good way to get a complete list of their debts. And they look forward to a defaulted debt disappearing after 6 years because then they don’t owe the money anymore.
These are myths – and although they sometimes are right, they often aren’t.
Contents
What debts show on a credit file?
You may think your credit record shows the detail of your borrowing and repayments over the last six years.
But they aren’t always a complete list of your debts – they only show records from some lenders.
Almost all commercial lenders such as banks and credit cards report data. But there are three Credit Reference Agencies in Britain – Experian, Equifax and TransUnion – and many lenders only report to one of the CRAs, not all three.
And they often don’t show old information. Lenders want these records to make decisions about future lending and they care much more about recent problems than old history. So they have all agreed that they don’t want to see data about defaults more than six years ago and the CRAs delete this data.
If you are paying a debt normally, it stays until you have repaid it fully leaving a zero balance then it drops off after six years.
When a default has been recorded the debt disappears after six years. But this debt still legally exists – it has only gone because the problem was so long ago that future lenders don’t want to know about it anymore.
So what debts do you have to pay that aren’t on your credit report?
There are three common reasons why you have to pay a debt that’s not on your credit report.
Debts which are reported to a different credit reference agency
If you check your Credit Karma credit report, you will debts which are reported to TransUnion. But if you owe money to a lender who only reports to Experian and Equifax, that debt isn’t going to appear.
So the report from one of the CRAs that you are looking at is not a complete list of your debts.
If you get reports from all three CRAs (see The best way to check your credit records for how to do this) that gives you more information but there may still be debts that you owe which aren’t on any of them.
Debts defaulted over 6 years ago but where you have made payments within 6 years
These debts will have dropped off your credit reports because the default was over 6 years ago.
If you hadn’t made a payment for more than 6 years, the debts may be unenforceable because they are statute-barred. See Questions about statute-barred debt for details and talk to National Debtline about your situation if you think one of your debts may be statute-barred.
But if you have made a payment within the last 6 years, the debt is not statute-barred and the creditor can still take you to court for a CCJ … so you need to pay them.
This often happens if you are in a long debt management plan. If you stop making payments to these debts or don’t talk to a debt collector who contacts you about the debt, you may get a CCJ which will reappear on your credit record and also bailiffs or other enforcement problems. In 2019 more than a million CCJs were registered.
However as the debts are old, you may be able to get a full and final settlement agreed.
And if the debts are very old, the debt collector may not be able to produce the right documentation. Read Ask a creditor to produce the CCA agreement for details about why this is important and when to ask for this.
You also can’t assume that a mortgage lender won’t be able to see debts that have dropped off your credit record. Mortgage lenders have other sources of information they can use.
Some creditors don’t report to the credit reference agency
Some sorts of debt never show on any credit records: council tax arrears, magistrates court fines, benefit overpayments, what you owe a builder, nursery school fees, a subscription etc.
These are all legal debts even though they don’t show on your credit report.
What if you can’t afford to pay those debts?
If you get a letter about a debt that isn’t on your credit record you can’t assume that you can ignore it.
When you know the debt isn’t yours, because you have never taken out a payday loan or had a mobile from that provider say, then you should ask the debt collector to Prove It! as they have got the wrong person!
It isn’t safe to ignore a debt because you can’t pay it. You can either try to come to an arrangement with the creditor or get advice on your full financial situation. The more debts that you have, or if you have any priority debts, the more important it is to get proper advice.
There is a range of good places that can help, depending on the sorts of debts and whether you would like phone or face to face advice.
Get added to partner’s credit card?
Are you a victim of identity theft?
What should the default date be for a debt?
Peter says
Hi. I had a few debt problems 5 years ago which led to 3 defaults and 1 CCJ. I am currently trying to get a mortgage and worried these will prevent me from getting one. I looked at Equifax, but unlike Experian and CallCredit, it only shows one of my defaults. If I was to apply to a mortgage lender that checked equifax (such as Metro), is it likely that they will still find out out about my CCJ?
Sara (Debt Camel) says
You should assume that the mortgage lender will check all three Credit reference agencies I am afraid. How long ago were the defaults and CCJ repaid?
Hasnara says
Hi
I took out a personal loan of 20k and defaulted in 2014 Sept after which about 6 months later I started repaying £400, then £300, might have been other changes anyway it stands at £13, 500 at present. I am now reducing payments £150 due to difficult circumstances. I know in 2 years the debt will fall off because it will be 6 years. I’ve been told by the bank I will not be ccj’d after the 6 years even with an outstanding balance. Is this the case because I have pretty much been paying back monthly? Also what is the benefit of me paying when I’m struggling monthly for a debt that will be written off? Apart from of course the moral argument I should.
Thanks
Sara (Debt Camel) says
“I’ve been told by the bank I will not be ccj’d after the 6 years even with an outstanding balance” is it seems more likely that the bank meant that you wouldn’t get a CCJ if you were still making repayments.
“what is the benefit of me paying when I’m struggling monthly for a debt that will be written off? ” because after 6 years the debt is NOT written off, it still legally exists and you can be taken to court for it. Also until this debt is cleared you won’t be able to get a mortgage, which is what you said your main aim was a couple of years ago here: https://debtcamel.co.uk/defaulted-account-credit-score/comment-page-1/#comment-193586
Two years ago you were saying you could pay £400 a month. If you can now only manage £150 then clearing the debt will take much longer. It might be a good idea to talk to a debt adviser about your whole situation, not just this defaulted loan.
John says
I have CCJ of £708 recorded in my middle name in 2013 March. I honestly don’t remember ever owing this debt. I have approached the credit agency and the told me to contact the court. I then contacted the court and i was told to contact the land registry. The land registry advised me to contact the court. So i am going to and fro without any meaningful progress. This has come in my way to get mortgage and/any other credit. please advise whats the best way forward on this
Sara (Debt Camel) says
I am not sure what the land Registery has to do with this. I suggest you phone National Debtline https://www.nationaldebtline.org/ (or use their very good web chat) and ask them how you can “set aside” this CCJ you were unaware of.
Sabrina Kearney says
Hi
I have 5 accounts to which I owe money (2Credit cards, 2 unsecured loans, 1 overdraft on a current account). All accounts were listed as defaulted in 2012/2013. In Sept 2012 I entered into an arrangement to pay £1 monthly to each creditor. I have maintained these £1 payments since 2012. Interest on these accounts was frozen at this time also. One of these accounts has disappeared from my credit file, and by June 2019 all of them will have been listed as default for 6 yrs+ (and I assume will disappear from my file).
Other than an annual statement acknowledging my £12 a year payments and the balance owed, I receive no contact from any of the creditors.
Am I right in assuming that even though they would no longer be listed on my credit file, the accounts wont be statute barred? The creditors could still pursue the debt after all this time? If I stopped paying the £1 a month what are they likely consequences?
T.I.A for your informed response.
Sara (Debt Camel) says
“Am I right in assuming that even though they would no longer be listed on my credit file, the accounts wont be statute barred?” correct. A debt that you are paying will never become statute barred,
“The creditors could still pursue the debt after all this time? If I stopped paying the £1 a month what are they likely consequences?” Tes they may – first you would get cross letters, then they would threaten court action, then go for a CCJ. Although the debt itself will never reappear on your credit record after it has dropped off, a CCJ for it would.
But read the bit in the article above saying “And if the debts are very old, the debt collector may not be able to produce the right documentation.” This would apply to the credit cards and loans, not the overdraft. You may want to ask the creditor for the CCA agreement.
Micky says
Hi,
I have received a letter from a debt company at my old address. Luckily I still know the person who now lives there so they gave them to me. However, I am not sure why they have written to that address since I have had previous letters from them to my new address (been here 12 years). I can only assume that on my credit file it has both addresses and it is there attempt to get me to pay since the debt is due to come to the 6 year term shortly. They say they are attempting pre legal assessments which will then surely surmount to pre action letters as per court protocols. I am not sure what to do about it. So far letters have been returned stating I am no longer at that address since I do not and have not lived there for years. I have previously requested evidence of ownership etc. when they have written to my current address so they know where I am but they have never provided anything. I would appreciate any advice you may be able to give
Sara (Debt Camel) says
What sort of debt is this and how long is it since you last made a payment to it? What do you mean by “requested evidence of ownership”?
Micky says
It’s 2 catalogue accounts owned by the same company, I think I may have paid something up to 2014 although default was Dec 2012 but I would need to check this.
Evidence wise I requested the contract, payments etc. anything that would show I do owe them. The reason for this being I have had more than one company pursuing this debt at the same time. The accounts do not amount to much 1500 in total, I am wondering whether to make an offer, but my concern is the letters going to the other address particularly when they know I do not live there. Is there any way I can prevent them doing this and in your opinion what percentage is a acceptable offer should I decide to go down this route..?
Thankyou
Sara (Debt Camel) says
Well I suggest you don’t make an offer until they clarify what is owed!
I suggest you write/email them and say:
– you were surprised to hear from an address you haven’t lived at for x years that they had written to you there – repeat what you correct address is and ask them to use that in future.
– say you have previously asked for details of the balance as you thought you had already paid most of it off but they have not replied.
– say “I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose two payments of £1 each as the fees payable for my two accounts under the Consumer Credit Act 1974.”
And see what they come back with. If they cant produce the CCA agreement a debt is unenforceable in court.
micky says
That makes sense, thank goodness for persons like your good self I will write to then straight away,
Best wishes
Micky
Tim says
Hi There
A lot of good information on this site which is helpful however I have a question which I’m hoping to get a solid answer.
Ive just had a phone call to say I owe a company £140 which has brought the debt from another company.
The debt that is being claimed defaulted nearly 8 years ago. I have not acknowledged this debt and asked for this in written as I remember nothing of this owing.
My question is, can this be added to my credit report after 8 years of default?
I plan on replying with your template letter with this being statue barred but more concerned of them about to restart a 6 year default notice on my file.
Thanks in advance, Tim
Sara (Debt Camel) says
What sort of debt is this?
No it should not reappear on your credit record. If it does, put in a complaint saying that the debt defaulted over 8 years ago.
Tim says
Thanks for the reply Sara
The person on the phone said this was for a payday loan with a default of £70.
I did say on the phone I have no acknowledgment of this and any further communication to be in writing.
The extra £70 on top being interest and charges
Thanks
Tim
Sara (Debt Camel) says
OK then send the statute barred letter, that denies any liability for the debt. It should not appear on your credit record but it would be a good idea to check them for the next few months to make sure.
Rox87 says
Yes they can.
I had a call about a year ago about an apparent debt I owed from 10 years ago. I didn’t know what the debt was for but apparently answering my phone was me acknowledging it therefore I now have a CCJ against me and have about 5 more years left with it!
Sara (Debt Camel) says
That should not have happened. Acknowledging a debt has to be in writing, not on the phone. You should have been able to defend the claim in court and not get a CCJ. If you have recently found out there is a CCJ, talk to National Debtline on 0808 808 4000 about whether you can get it deleted (the legal term is “set aside”).
Rox87 says
Thanks for the advice! Will call them now
David Dickson says
I am being pursued by Lowell for a debt that E.On claim I owe them. They say it is from a flat that I lived in approximately 4 years ago. It was on a meter, which was in credit when I left. E.On claim that the meter was incorrectly calibrated and that I am now responsible for paying this debt. The meter was checked during the time that I lived there. Lowell are offering me a 50% discount on the debt is the debt enforceable?
Sara (Debt Camel) says
Have you complained to EON about this? When were you sent a bill?
David Dickson says
E.On said that because I did not leave them a forwarding address they were unable to forward me the bill. The bill came approximately 4 months ago when lowell got my address due to another debt I had been paying
Sara (Debt Camel) says
Unless you have an active complaint running with EON (and it sounds as though you don’t) then my guess is this is enforceable by Lowell.
So you need some help to look at the details of your situation. I suggest you go to your local Citizens Advice. If there is any suggestion that you tampered with the meter, then that needs to be addressed.
In the meanwhile to gather more information to support your complaint, I suggest you send EON a query at https://www.eonenergy.com/for-your-home/contact-us asking for a copy of all the personal information they hold about you. Who knows what you will get back but this may allow you to work out what happened when.
Mark Whyborn says
Hi
Can you please help me
I have a debt that was defaulted 8 years ago and I have served 6 year period the debt was sold on and now they say they may CCJ me is this something that can happen , can u be registered twice for the same debt
Thank you
Sara (Debt Camel) says
The debt itself won’t reappear on your credit record.
But if the debt collector gets a CCJ that will then be on your credit record for another 6 years.
Are you currently making payment to the debt? If not, when did you last make a payment to it?
Brandneu says
Hi I have a defaulted debt that has now falling off my record, I was paying it but stopped last month as I thought it dropping off meant I could stop paying it.
I stopped cause I am struggling to pay it so wanted some more money to pay other things.
However I see I can still get a CCJs for it so can I reduce my original monthly payment to something like £10 a month and just wait till it’s fully paid up. I have like 250 left on a 1500 debt.
Sara (Debt Camel) says
If you are struggling, you can reduce the payment to a manageable amount. Cutting it so you can afford to go on holiday is not reasonable, cutting it so you can pay your council tax, utility bills and eat is. If you aren’t sure what is reasonable, I suggest you talk to National Debtline on 0808 808 4000 who can help you work through a budget which will show the offer you should make and which you can send to the debt collector.
BUT what sort of debt is this? if it was a credit card, catalogue or loan, when did you open the account?
Mohammad Al says
I have two default accounts and I’m planning to pay lum sum and settle my account. My question is: can I get a mortgage after I settle my account?
Please advise
Sara (Debt Camel) says
Do these accounts show on your credit record? If yes, how long ago are the default dates?
Shaun says
Hi
I have a number of old defaulted debts that i have not paid anything towards in over 3 years which are due to drop of my credit file in a few months.
I understand that the money is still owing but my question is once these have dropped of my credit file will anyone I apply for credit with in future be able to see any record of these debts and will my credit score start to improve?
Thanks
Sara (Debt Camel) says
Once they have gone from your credit record, a lender will only be able to see the old problems if they were with that firm or one in the same group where they can see the old records on their internal information. Yes your credit score will start to improve.
Ade says
If a ccj is fully repaid , can some get a mortgage thereafter?
Sara (Debt Camel) says
If a CCJ is paid in full within 30 days, it will not show on your credit record and any mortgage lender will not be aware of it.
After that time, it will depend on the lender’s policies. It will not be easy to get an offer at a halfway decent rate. You have more chance:
– the longer ago you repaid the CCJ. One repaid 4 years ago is old news. One repaid 4 months ago isn’t
– the larger your deposit
– the stronger your affordability assessment
– the less other borrowing you have
– if you have no other problems on your credit record at all.
You MUST go through a broker, not direct to a lender.
Marco Tutti says
Hi,
I had 3 loans that all defaulted after the credit crunch (2009). They were maintained on £2 per month minimum payments and have disappeared from my credit reports with all 3 reference agencies.
I recently (April) settled each with a Full & Final payment for about 30% of the original value. Its taken me years to recover from the global melt down that everyone except me seems to have forgotten about.
My questions is; I’m considering purchasing a house, after many years of renting. But will these partial repayment figures somehow find there way to my credit report and will I need to disclose them?
Sara (Debt Camel) says
These settled debts will not reappear on your credit records, see https://debtcamel.co.uk/ff-credit-record/.
You should leave it 6 months after the settlements before applying, so that when a mortgage lender asks for your bank statements (which most of them will) they don’t see the old token payments or the settlement.
then the only way a mortgage lender will know about your problems and the partial settlements is if you are applying to a lender who is in the same group as a bank you defaulted to. eg you defaulted on a Lloyds loan and you apply for a mortgage to the Halifax. So avoid this!
Marco Tutti says
Hi Sara,
Thank you for your response. This is an amazing site and your advice is absolutely spot-on!
I have noticed that these same financial institutions are showing on the Aliases section of my Experian credit report. No information but only reference to a previous married name and the institution with a date of confirmed date of 31/08/2008 – should this old information still be on my report? should I appeal to have it removed?
Thanks again, Marco
Sara (Debt Camel) says
It’s not doing you any harm, I would leave it.
Marco Tutti says
Ok, I just wondered if it would cause further enquiries.
I would prefer to leave – I was starting to get a little paranoid I guess.
Thanks again!
Dre says
Dre,
Hello, I cannot see my barclaycard credit card on my noodle credit report?
It was sold to a PRA but no longer appears on my credit report and am on a self managed DMP.
Is this normal?
Thanks,
Sara (Debt Camel) says
when did you default on it?
Dre says
Missed first Barclaycard payment around Sep 17, default was between June- Nov 18 and was sold to PRA around Nov 18 aswell. I know it was on my noodle before because I had some payday complaints and have a old noodle credit report with it on it.
No debt to PRA my credit report my barclaycard one is fully gone from there. I am really confused
Sara (Debt Camel) says
It’s odd the Barclaycard debt has gone, but no doubt the PRA one will appear at some point. You still legally owe this money – you shouldn’t be hoping it has got lost or been written off.
Keep an eye on your credit records, see this section Debts which are reported to a different credit reference agency in the article above
Beth says
Ive got a secured loan which ive not been making any payments towards as been in hardship. My credit report does not show the loan but ive checked with land registry and the loan is showing under the charges register on the title register for my property, not sure where this leaves me as im confused why it is not on the credit report.
Sara (Debt Camel) says
Have you checked the credit record with all three credit reporting agancies – see the above article.
But a debt does not have to be reported to a credit reference agency to be valid. If you can’t afford to pay a secured debt you need urgent debt advice – can I suggest you talk to National Debtline on 0808 808 4000 as soon as possible. You need to understand your situation and what your options are and they can help.
Valdis says
Hi, I had one credit card around 3 years ago and eventually when the interest was sky high, I was not able to make monthly payments and I agreed with credit card company to freeze the interest and pass it to collection agency, so collection agency have contacted me and they advised me to pay 1£ a month until my finance will improve, so 3 years down the line still paying 1£ and cant see it changing.
My question is, what happens if I keep paying it and my circumstances does not change? it can go on forever? I mean the 1£ a month, or it will stop eventually? if I leave it as it is, does my credit score will improve at some point or not?
Sara (Debt Camel) says
Has the debt been marked as defaulted on your credit score?
Valdis says
Thanks for your response, on Experian it does not appear that I have defaulted credit score, but I have tried to take loan to pay off outstanding debts and advisor said that I have outstanding credit card bill on the system and I can’t have any loan. My question is, if I keep making those 1£ payments and I am happy if I can’t borrow any more money, leagaly they can’t take me to court to pay whole amount on one go, or they can?
Sara (Debt Camel) says
If this hasn’t been defaulted it will stay on your credit record forever – well untill the debt is paid and then another 6 years, which sounds like it is going to be forever.
If you want your credit record to improve at some point, you should ask the lender to add a default back 2 or 3 years ago. The debt will then disappear from your records 6 years after the default date. See https://debtcamel.co.uk/debt-default-date/ for how to do this.
If you carry on making the £1 payments, the creditor can take you to court but normally they would first ask you to increase the payments. Probably to complete an income & expenditure form to show how much you can afford to pay. See https://debtcamel.co.uk/debt-collector-income-expenditure/. Most creditors will not go to court if you are paying all you can afford,
David says
I have several credit cards (4) and unsecured loans (3) that have defaulted 10 or more years ago, totalling approx £45k
None of them appears on any of the three credit reference agencies, and I have not been able to pay them (due to long term unemployment), nor have I been in contact with any of them verbally or in writing during this time. None of them have written to me for 3-4 years. I am as confident as I can be that they will be statute barred.
I have no assets or realistic plan of ever paying these debts off.
Several of the credit cards had PPI insurance which I have always hesitated in pursuing, as I understand that any refunds would simply be offset towards the outstanding debt, even though most of them have been passed on/transferred/sold to various debt collection agencies and or solicitors. With the PPI deadline looming I have decided to take one final look at this.
My question is: if I contact them regarding mis-sold PPI’s, would this mean I therefore admit to “owning the debt” thus resetting the 6 year clock so they may again chase me for the debts and even start CCJ proceedings?
I also have one CCJ from 2009 for about £3.5k which I pay £1 per month. I will be 348 years old before that’s paid off!
Sara (Debt Camel) says
An interesting question, so I wrote this longer article in reply: https://debtcamel.co.uk/reclaim-ppi-old-debts/
Re your CCJ – definitely go for PPI on that one if you can!
Valdis says
Thanks for info. I appreciate your help.
Paul gritton says
Hi,
I got into a bit of financial trouble back in 2008 ish, and used Immediate Financial to sort it out, loans, credit cards etc, I stated paying them a 1 a month as advised and ended upwith a ccj against me, all devils I got reduced settlement figures for and paid the, off over the next few years, 6 years have long past and now my credit is all good again but I still get a statement every 6 months off Santander saying amount in arrears is still 2350, I keep ignoring them, but getting sick of seeing these statements as I thought the settlement in my debt plan had sorted these! Is this normal?
Sara (Debt Camel) says
I’m sorry you got taken in by Immediate Financial – their so-called debt settlement model was dangerous and could result in CCJs as you found.
The letters you are getting are NOSIA letters – Notice of Sums In Arrears. Lender is legally obliged to send them. But if your loan has been settled, including if there was a partial settlement, the letters should stop.
If you still have the evidence that you have settled this debt I suggest you send it to Santander and ask them to stop sending you these letters as you do not owe them any money.
If you don’t have the paperwork, then you have to choose between how much hassle it is to try to assemble it by getting old bank statements and sending Santander a Subject Access Request for a copy of all your personal information and continuing to ignore the 6 monthly letters.
Natalie says
Hi Debt Camel,
I’m currently writing a defense for a CCJ I’ve been served, where the original debt I believe is statute barred, but has been bought by another company (Lowells) who are now claiming for it. I have repeatedly asked them for the original debt default date, and have requested info from Halifax for the default date, or any information on payments, and have received nothing, except that I allegedly made a payment in 2014, which they have no evidence for. I have checked my credit report and there is literally nothing from the last 6 years from Royal Bank of Scvotland, Halifax or Lowells to show a debt. I can’t even see the original Halifax account (which was closed in 2012). Is this enough argument to send in the draft defence that I am sending, and to mention that the account doesn’t even appear in my credit report?
Thank you!
Sara (Debt Camel) says
I’m sorry, I can’t help you with this. (Except I will say that not showing on your credit record has nothing to do with whether it is statute barred or not.)
Can I suggest you post on https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues? Or talk to National Debtline on 0808 808 4000?
S Knight says
Hi
I have defaults on my credit files dating 2015 I have read your articles which are helpful, however if these drops off after 6 years what’s happens when if I am still
Paying off the debt after the 6 years will my credit report be clear but I just continue
To pay creditors but nothing shows?
Paulo says
Hi
I am looking to get a mortgage next year and after a sketchy history, I have managed to repay all debts bar one. This is a debt that has been sold to Arvarto and had a default date of May 2013, so dropped off my record. I have made a payment on it tho on the last years which opens me up to CCJ. I want to clear the debt so I owe nothing but am petrified after paying off it will reappear back on my credit report for the next 6 years. Are you able to advise if this will happen as I’m sure it would negatively affect my report as there are several missed payments. Or would it not reappear back on there given the debt had a default on it from May 2013?? Any help will be really appreciated
Sara (Debt Camel) says
I am petrified after paying off it will reappear back on my credit report for the next 6 years.
This won’t happen. A debt can’t reappear.
You should be able to get a partial settlement accepted.
Pedro says
Hello,
I have been contacted by a company about a debt from 2010. I have no way of verifying this and after speaking to the agency they said the debt had a ccj against it, although that is over 6 years ago. I spoke to them on the phone and asked for some evidence that they own the debt, and of the ccj. They told me I would receive this in 30 days, but nearly 2 months later I haven’t heard from them.
I know a ccj can’t be enforced after 6 years without permission of the court, so I am wondering what they could potentially do, or what is likely to happen?
Many thanks
Sara (Debt Camel) says
You may just not hear anything. I really can’t guess what information they have.
If you aren’t happy not knowing what may happen, I suggest you write to them and say in September you asked them to show you some evidence of an alleged debt they thought you owed where there was an old CCJ. As you haven’t received any information, you assume they have realised that either the debt is not yours or that the CCJ is too old to be enforced.
Pedro says
Thank you Sara, much appreciated.
One more question, if I may? After the period of 6 years for a CCJ, what would be considered ‘enforcement’? Can they still write to you or send someone to your house, for instance?
Many thanks
Sara (Debt Camel) says
Enforcement would mean instructing bailiffs, going for a charging order, going for an attachment of earnings. But don’t anticipate trouble here, just see how they reply.
James says
Hi Sara,
I received a few letters from a DCA and responded asking for the usual paperwork, which they said they would send but then didn’t. I was advised to make a subject access request, which I did, and I received a response last week. I received a CD with copies of some old bank statements of mine on from over 10 years ago and copies of the letters they had sent me previously.
In one of the letters they claim there is a CCJ against the debt, but they haven’t provided any evidence of that. They gave a reference number, but it doesn’t appear on any of my credit reports (I have checked all 3).
I feel stuck now as I have no way to verify anything. I understand that if there is a CCJ they don’t need to produce any original documents or evidence of notation, but at the moment I can’t actually clarify:
1. That there is actually a debt
2. That if it does exist, that they own/can enforce it
3. Whether the CCJ they claim exists ever did, or does.
Can you advise what I should do next?
Many thanks in advance.
Sara (Debt Camel) says
These old bank statements of yours – are the saying there is a payment to the debt on them?
Is there any indication what sort of debt it was or who the original creditor was?
How often have you moved in the last 6 years?
James says
They are saying it is for an unpaid overdraft to my bank at the time, HSBC.
I moved in June 2013 and then again in July 2016.
Sara (Debt Camel) says
So these bank statements were for the account there was an overdraft on?
Do you agree you had a HSBC overdraft at that time which you didn’t pay?
I suggest searching the CCJ register at Trust Online https://www.trustonline.org.uk/ for all three of your addresses and see if anything shows up.
James says
Yes, that’s correct.
I did have an overdraft, but don’t believe that it was left unpaid when the account was closed.
Thank you. I have used the trust online as you suggested and it has returned no records.
Thank you for your help.
Sara (Debt Camel) says
OK, so I suggest you go back to the debt collector, say you did have an account with HSBC (there isn’t any point in denying that) but that you do not recall there was an unpaid balance when the account was closed. Point out you have never been contacted about the debt, you have not noticed it on a credit record and that you have checked with Trust Online and there is no evidence of any CCJ having been obtained within the last 6 years. Ask them to produce ex=vidence about the CCJ and the date it was.
If there was a CCJ and it was more than 6 years ago, the debt collector can only enforce it if they get special permission from the court which is not usually given. See this Factsheet from National Debtline https://nationaldebtline.org/fact-sheet-library/statute-barred-debts-ew/ and if you are given evidence of a CCJ over 6 years old contact National Debtline for help.
Si says
Hi I’ve recently received a CCA reply with a credit agreement that looks like nothing I would have signed back in 2007. There isn’t even a signature on the agreement. Is there any further avenues I can go down to see if this debt is actually mine as the figures quoted to pay back are out by about £300 for the same company. I’m content to pay back what is owed by the correct amount.
Sara (Debt Camel) says
Read the ”How can you tell if it is right?” section in https://debtcamel.co.uk/ask-cca-agreement-for-debt/.
Victoria says
Good afternoon.
I hope someone can give me advice.
I took out a loan in 2007. I defaulted on this initially in 2010. At this point it was passed to a debt management company. I made some payments then fell behind and ignored it (was young and stupid)
It was passed to Sherrif court in 2013 when a CCJ was issued. ( I live in Scotland)
It was then passed back to the original debt management company. They then sold this on in 2016.
I received a charge for payment in 2018. At this point I made an offer of a payment plan then the solicitors who had the account went bust in 2019 at which point it was passed back to the original debt collection company.
They then passed this onto another solicitor in 2019 but as I moved address I didn’t get anything from then who then passed it back to the original debt collection agency in Jan 2020.
(sorry for the long saga)
The question I have is do I still need to pay this? The last time I made a payment was 2013. The CCJ has now dropped off. The debt does not show on my credit file and the solicitors I tried to get rid of the debt with went bust.
I need to call the original debt company back but do not want to do this until I know if I need to pay this debt.
Thank you in advance.
Alan McIntosh says
Hi Victoria
Unfortunately, as they obtained a decree (Scottish equivalent of a CCJ), the debt can now be recovered for up to 20 years in Scotland, with every time a payment is made or a relevant claim made, such as re-serving the Charge for Payment, the 20 years can begin running again.
Have you considered seeing if the Firm will consider a reduced amount, if you can pay in a lump sum, due to the age of the debt and it has been bought and sold so many times?
If you are struggling to pay it, I would suggest contacting your local Citizen Advice Bureau or Local Authority Money Advice Service.
Victoria says
Thank you for getting back to me Alan.
I am now scared they might take further legal action – can they do this if I either agree a payment plan or lump sum? I don’t know why I didn’t hear anything else after the charge for payment?
Given the debt is 10 years old with no payments for 7 years I am not sure what kind of settlement to offer? I have never had to do this before.
Thanks
Temi says
Hi Sara
I requested for a CCA last July (2019) but to date I have not had a reply. I stopped my token payment of £1 to the DC in 2018. They have been calling but I have blocked their number, sent texts which goes to my spam folder and have been writing but no mention of the CCA. The last letter received was a bit threatening, this is the content. ‘You have chosen not to respond to any of our communication about your account even though we have given you ample opportunities. This is a defaulted account and the full balance of xxx is still due. We take this matter seriously. You have 9 days to respond to this letter. If we do not hear from you we may look at other ways to resolve the debt, this could include an agent visiting your property to discuss your situation’. I will be grateful if you can advise me on how to respond to this. The letter was sent more than a month ago ( 1st feb is the date on the letter) but I have only just opened it
Thank you for all your help
Sara (Debt Camel) says
Why don’t you phone them up and ask why they have not responded to your request for a CCA?
TEMI says
Just realised that I hadn’t heard back for this particular debt. I had 4 debts with the same DC and 3 of them came back as unenforceable so I automatically ignored their envelopes! I’m not really good with phone calls as I wouldn’t like to be put on the spot, Is it too late to send a letter? Thank you for your advice.
Sara (Debt Camel) says
You can send an email or a letter of you want.
you need to make sure you open all letters!
TEMI says
Will draft the letter tonight and send it off, should I refer them to the original CCA letter sent and attach a copy. Not sure what else I should say to them in regards to the recent letter other than acknowledge? You have been such a great help Sara, thank you
Sara (Debt Camel) says
Yes. Ask why they haven’t replied (although of course they have if you haven’t been opening letters.)
Catherine says
Hi Sara,
I have a credit card debt with DCA which defaulted in 2013 so now off my credit report, although still being paid. Debt’s from a joint card for a family member who racked up huge debts (I was very ill at the time and taken advantage of) but has been paying it, it’s never gone out of my account.
I was hoping to apply for a mortgage in the coming months so wanted to try and do a settlement so applied for the CCA, which they found. It’s dated 2005 but it’s a bad photocopy with such tiny, illegible writing I can’t read it properly. They also sent a list of transactions starting 2002 with a monetary credit cash transfer but £0 and then nothing until after the date on the CCA. I honestly can’t remember when it was opened so don’t know which date is correct! If it’s the earlier date would there be any reason why I would’ve had to sign a new CCA?
I also have another card which is now OK but had DMP markers (again from family member) which I’m trying to get removed. I was wondering though if lenders don’t ask and I don’t tell them are they likely to find out about the debt (and the DMP) or would it be better to still try and do a settlement? If so what’s the minimum amount I could try and offer now they have the CCA? There’s still nearly £4,000 left to pay, being paid at £10 per month.
Sara (Debt Camel) says
“It’s dated 2005 but it’s a bad photocopy with such tiny, illegible writing I can’t read it properly. They also sent a list of transactions starting 2002 with a monetary credit cash transfer but £0 and then nothing until after the date on the CCA. I honestly can’t remember when it was opened so don’t know which date is correct! If it’s the earlier date would there be any reason why I would’ve had to sign a new CCA?”
That sounds odd, but see the section How can you tell if it is right? in https://debtcamel.co.uk/ask-cca-agreement-for-debt/ for who to talk to about this.
P says
Hope you can help and hope I’m writing in the right part of the site.
I had a loan from HSBC in 2006, which I defaulted on in 2008. It dropped off my credit report years ago and I don’t really know why they never took me to court over it as its for 12k, think it got passed around different debt collection agencies and then returned to HSBC. I have not acknowledged the debt and have made no payments in this time. I do have an old HSBC current account that I don’t use, but this is not connected to the loan in any way.
I receive a letter from HSBC once a year stating the balance of the loan and it says that the letter is for information purposes only and not asking for payment.
I have recently been reading a lot of scare stories about debt collectors buying up old debt and issuing ccj’s even when the debt is statute barred. I was wondering how common this was? And if happens, how easy is it to defend when I have no paperwork anymore and the debt is no longer on my credit report? Why do you think the debt was never pursued through the courts previously? And finally if it is worth making a small offer of payment or just leaving this be until or if I’m asked to pay something? I have had no contact asking for payment for at least 6 years, just these statements, which started in the past few years, which I don’t understand why they’re sending these, but not asking for anything.
Sorry for all the questions and thank you for any help.
Sara (Debt Camel) says
You have probably been receiving NOSIA (Notice of Sums In Arrears) notices, these are automatically systems generated, probably no-one has looked at your account for many years.
I am not sure why you would want to poke a sleeping lion at the moment. If the NOSIA letters are coming to your house, you will hear if a debt is sold to a debt collector. At that point you can point out that it is statute barred and also ask the debt collector to produce a copy of the Consure Credit Act agreement, which they may not be able to.
P says
Ok thank you, I’ll leave it be. That’s why I never closed the current account down as I thought it was a way of them knowing my address when I moved without me acknowledging the debt. Preferred to know any letters that were being sent.
Just in case I need the information in the future, would the CCA request be issued to the debt collector or HSBC? Would they have to notify me if the debt is sold and what action they are to take?
Thanks again.
Sara (Debt Camel) says
If the debt is sold, a CCA request goes to the debt collector.
P says
Thank you so much for all your help
P says
Sorry, one more question, this is something that’s probably been covered before, but if it was ever sold would it reappear on my credit report? Or would they have to use the same default so it wouldn’t?
Sara (Debt Camel) says
A debt collector has to use the same default date so it won’t reappear.
james burry says
hi i have a loan with coastal credit union 2012 which has gone bust the liquidators have taken it over some time back?
in december 2019 i contacted them the liquidators for unreasonable lending by coastal credit no one can help me fos fca etc. also the debit is still showing on my file some 7 years back should this now be off my file, also cork cully the liquatedtors say no longer chassing me for the debt also
i am confussed
Sara (Debt Camel) says
How much did you borrow? how much have you paid to it?
Does the debt on your credit record show a default? or missed payments?
Victoria says
Hi. I hope someone can help.
I has a BOS overdraft which fell into arrears back in 2009. The account was closed, the debt passed to an agency and I have not heard anything since. (I know I should have paid was but was a stupid 20 something) It does not show on my credit file but out the blue today I have received a call from Intrum saying I owe £1900. They claim I made a payment in 2016, which I highly doubt. I buried my head in the sand with my debts til 2018 when I started to pay them off.
Should I ask for the CCA agreement? I have had no phone calls, no letters and not texts until today and they have confirmed they have held the debt since the start. I think it is unfair with no contact being made to drop this on me out the blue.
Thank you in advance
Sara (Debt Camel) says
they have confirmed they have held the debt since the start.
Since 2009?
I suggest you start by asking them to give details of the alleged payment in 2016 as you don’t recall any contact from them or making any payment.
CCA agreements are unfortunately not relevant for overdrafts.
Victoria says
No they purchased the debt in 2010.
I will write to them and ask for proof of payment.
If I have paid the £20 they claim is there anywhere I can go with this or will it need to be paid?
Sara (Debt Camel) says
If you paid the £20 in 2016 the question is was the debt already statute barred at that point?
Victoria says
Yes I assumed it would have been?
Sara (Debt Camel) says
It can be hard to tell with overdrafts :(
But wait and see what Intrum come back with as it seems pretty unlikely you would suddenly have paid them £20 out of the blue just once in 2016.
Amy says
I recieved a phone call to say I have a ccj from december 2012 that is unpaid it is for £500. The money is owed from a old bank account. I am adamant I have replayed this debt but can’t find my paperwork. What can I tell the solicitors that are contacting me? If I am mistaken and haven’t repaid should I be repaying?
Sara (Debt Camel) says
A CCJ that is more than 6 years old that you have not been paying cannot be enforced without the creditor going to court and asking for permission.
Permission is very rarely granted! Creditors are often hoping you don’t know this when you are contacted about an old CCJ.
I suggest you reply saying that to the best of your knowledge you repaid the debt many years ago. Add that you understand a CCJ over 6 years old cannot be enforced without permission from the court. If they persist, talk to National Debtline on 0808 808 4000 about what you can do.
Colin says
Hi
I have a credit card debt which says on my report it went into default in July 2014, however I went into a payment plan in 2015 and the last payment i made was in Sept 2015. So the debt will be stat barred come Sept 2021 but as the default date was July 2014, should this now be removed from my report as the first default date is over 6 years?
Thank you.
Sara (Debt Camel) says
it went into default in July 2014
can I check, is there a default date in Juklt 2014 showing?
or are you saying this was the first month you missed a payment?
what credit report are you looking at?
Colin says
Hi Sarah,
On the totally money and credit karma app/credit report, it says the default date is July 2014. I know there was payments made after July 2014 and the last payment was in September 2015.
Thank you
Diane says
Hi I have old debts prob about 8 to 10 years old the debt collectors are writing letters to me again my debts in total are about 16000 with about 9 different companys none of these debt are on my credit file I last payed 2010 . What do I do do I offer them a monthly fee /not pay them ? I dont want them reappear on my credit file as it’s fair at min /also can a collection agency look at my file to see what finance I have . Please help
Middleton says
Hi I got divorced in 2013. As part of the separation agreement. My ex wife was to pay an outstanding debt that had fell into default in 2010 which is in both names. She did make payments to start with. But stopped in 2017. I was presured into making payments by the creditor as the responsibility fell to both of us. Even though I had the legal separation agreement. At this point the total stood at just under £8000.
After a few communications back and forth. I started paying money monthly in July 2018.
Is there anything I can do to change this situation. As my exwife refuses to pay or pay me back.
Sara (Debt Camel) says
what sort of debt was this? has it been sold to a debt collector?
Kate says
I’ve got an outstanding debt with quick quid who have recently gone into administration. I’d never paid anything towards the debt as I wasn’t in a good place financially and it has dropped off my credit file completely. In March I received a letter from PRA group asking to set up a payment plan. Should I set up the plan? Not sure what to do?
Sara (Debt Camel) says
When was the debt taken out? When was a default added to you credit record? Dud you gave other QQ loans before this one?
Kate says
It was 2012/13 I think, may even be before that. I’m not sure it’s not on my credit file with any of the top 3, not even on closed accounts. The only letter I’ve had is from PRA Group to set up a payment plan. No this was the only Loan with them.
Sara (Debt Camel) says
In that case you may have a good reason to say that the debt is statute barred, in which case you do not have to pay it. Talk to National Debtline about this on 0808 808 4000. Don’t ignore the debt even if you think it is too old, it’s better to get this resolved rather than have to defend a court case.
Kate says
I’ll give them a call tomorrow to discuss, to be honest id forgot all about it until PRA Group got in touch. It national debt line can’t help I’ll discuss payment with PRA to get it cleared.
Sara (Debt Camel) says
Are you sure you owe the money? You could ask PRA to prove this.
Kate says
I’m not sure it could of been paid originally. I’ve not documentation going back that far. Is that done with a letter or a call?
Sara (Debt Camel) says
ok then i suggest you start by saying you have had no contact about this alleged debts so you were unaware you owed anything. Ask them to produce a state of account for the debt. That should show the last date you made a payment.
Bisi says
Hi,
I had a previous utility debt from Anglican Water in 2016 which is still showing on my credit file now. If i contact the company to sort out the debt, would it be wise to finish paying the debt before trying for a mortgage ?
Sara (Debt Camel) says
Yes, you want the debt cleared for as long as possible before a mortgage application. 12 months if it is showing on your credit record, 6 months of it isn’t.
Sol says
I had 3 debts from 2011 1 loan from wonga, unpaid overdraft and sky bill, I ran into difficulty and had to move house in 2012, not heard from any of them since then, they have all now dropped off my credit report, will I still need to pay them later?
Sara (Debt Camel) says
For Wonga, if the loan was not sold to a debt collector before August 2018 when they went into administration, nothing more will happen. The remaining loans have not been sold.
For the other two, there is a chance that you will be contacted at some point by a debt collector. As every year passes, this gets less.
If you are contacted by a debt collector, the debts are all old and are now likely to be statute-barred (see https://debtcamel.co.uk/statute-barred-debt/ – any questions, talk to National Debtline on 0808 808 4000 so you do not have to pay them UNLESS a debt collector has already gone to court and got a CCJ, sending court papers to an old address so you didn’t know. Normally a CCJ would show on your credit record but there is a small chance the old address has not been linked to your current record.
If you are contacted, don’t ignore a letter – tell the debt collector it is statute barred.
Sol says
Thank you for your reply
All my old addresses are on my credit report for the 3 credit agencies and I have no CCJ on my file, but will take your advice and not ignore any letter that is sent to me, saving up to be able to buy a house in 3 years time, will this effect me?
Sara (Debt Camel) says
OK, well it is HIGHLY unlikely the Wonga debt will re-emerge. The other two may, I can’t really guess. If you have the money aside to pay them if they do pop up, that will help. They should not reappear on your credit record.
Anthony says
Hi Sara,
I have a debt collectors solicitors chasing me for a debt that was in dispute with the original creditor. No Default was ever issued. Can they enforce this even though I believe this was assigned to them without a default ever having occurred? It’s at court stage and I am in the process of filing a defence to the claim.
Sara (Debt Camel) says
I can’t help with a court case in progress. Talk to National Debtline on 0808 808 4000 and/or post on Legal Beagles forum: https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues
Conrad says
Hi,
Urgently need your counsel.
I have 6 credit card debts. 3 have dropped off my credit file.
If I made a part settlement to the 3 that are no longer listed, will they re-list and show that I made part settlements?
Thanks in advance…
Sara (Debt Camel) says
No, they won’t ever reappear.
But read https://debtcamel.co.uk/settlements-old-debts-cca/ and think if you might want to this first.
Juliette says
Hi There.
I have been in an IVA now since March 2019. One of the debts was a Lloyd’s Loan that had been passed to Cabot Financial but went into the IVA obviously.
However I signed up to Credit Karma and all of my debts show on there but the Personal Loan section does not show the loan balance. Any advice on this would be a great help.
Sara (Debt Camel) says
Does it matter?
DebtDemons says
Hello Sara!
First of all I want to right lots of things about what an angel you are and What an absolute good deed you do on this website. Debt has long been a demon of mine and you have helped me immeasurably, even if not by posting but by reading!
Thank You.
I do have a small question. I have a debt from QuickQuid still lounging on my credit fill in default and showing an outstanding balance. I emailed to make a settlement and was told they sold the debt. After a few hoops, I was referred to Lantern – who after a few more hoops referred me to BPO. And just before I rang them.. I had a thought…Should I really be working so hard to pay someone the money back? IF QQ have sold the debt should they not have updated the outstanding balance to 0? The new owner should also make some attempt to contact me? Can they choose to register this debt at any time? IF i decide to do an affordability claim and it is successful where does that put me in terms of this debt??
Sara (Debt Camel) says
Had you borrowed from QQ before this last loan?
DebtDemon says
yes, many times unfortunately
Sara (Debt Camel) says
Then I suggest you put in an affordability complaint. Much the easiest way forward.
DebtDemons says
My apologies if am not clear.
I want to put in for a mortgage – The provider would like all outstanding defaults satisfied. There is an entry from QQ which looks like it has a balance outstanding. Am happy to clear it. But as far as they are concerned its sold. The buyer of the debt has not registered a claim on my credit file or over been in touch with me, Am I Ok to tell new lender that the default IS satisfied.
For future tidiness happy to put in an affordability claim to get the QQ default fully set aside, but can whoever bought the debt also come after me at a later time having not been in touch for years? And if/when they do id the affordability claim has gone in my favour must I still settle them separately?
Sara (Debt Camel) says
Who is the mortgage lender? Have they told you specifically that They will give you a mortgage if you settles these defaults or are you going by general guidance.
Am I Ok to tell new lender that the default IS satisfied.
No, because it isn’t.
can whoever bought the debt also come after me at a later time having not been in touch for years?
They don’t have to get in touch straightaway. But if they leave it too long the debt may be one statute barred. When did the debt default?
DebtDemons says
Dear Sara
Many thanks for your response. Am going via a broker and have been told these are the terms. And am stuck on this one! Inwill continue my search the current debt today and see if i can pitch a low settlement offer given that i have visited the portal for QQ and they have accepted my claimbwith a trt of 120 days. The default was added in december 2017.
Thanks for taking the time. Very much appreciated.
Sara (Debt Camel) says
mmmm how good is the broker? who is the potential lender? and are those terms a response from the lender or the broker giving general guidance? The vast majority of high street lenders will not touch you if you have a recently settled payday loan…
DebtDemons says
Please dont say that I was praying i finally conquered my demons(!). F H L, i think lender is? I understand there has been underwriter contact. I normally use a cra that provides data from the 3 major CRA and this was not reported on there (or was reported as closed) so maybe haven’t armed her with all the information. Recently to be safe checked them all individually and thats when i ‘found’ this one. So am trying to get it sorted just in case there is a query. Que Sera, Sera.
Sara (Debt Camel) says
FHL’s website says “Applicants who have entered into, or are still repaying, a payday loan in the last 12 months
are not considered”
Katie B says
Hello 👋🏻
First of all I wanted to express my thanks. I have been successfully sorting out my debt with your advice on unenforceable debts and I’m getting there and hoping to be debt free by next year sometime !
I have had success with a few companies but PRA group have admitted the debt is unenforceable but won’t respond to my offer to settle. They are still reporting on my credit file and my question is when will this debt drop off time wise seeing as I was paying up until a few months ago ?
Once again thank you for helping to turn my finances around 🙂
Sara (Debt Camel) says
is the debt marked as defaulted? if so, what was the default date? If it isn’t, who is the original creditor?
Katie B says
It’s not defaulted and just showing as a normal debt so to speak, I have two accounts both old Barclays credit cards from 2010? Thank you again. 🙂
Sara (Debt Camel) says
You must have missed payments for the debts to be sold PRAC? When were they sold?
Katie B says
Hi Sara,
At least 5 years ago as the DMP started in 2012 and pra group goes back 5 years on my report so it must have been sold quite some time ago though I’m not sure when exactly!
Thank you so much 😊
Sara (Debt Camel) says
Then you should ask Barclaycard to add default dates to both cards before they sold them. PRAC will then have to use the default dates and the record will disappear from your credit record 6 years after the default date. So immediately or pretty soon.
Then you don’t care if PRAC won’t settle the debt, you don’t have to pay it and it isnt affecting your credit record.
NB do not ask Barclaycard for the CCA agreement. you do not want them! The debt is unenforceable because PRAC can’t produce them
Katie B says
Hi Sara,
This is amazing and very helpful. Thank you so much. I’ve been reading a lot here and educating myself and what a difference it’s made. I’m in a totally different position financially and I just want to extend my sincere thanks.
Kind regards,
Mickey says
Hi,
I’ve read that acknowledging a debt resets the 6 year statute of limitations date.
I sent the following email to the credit agencies who hold my debts –
“To whom it may concern,
WITHOUT PREJUDICE
I’m writing regarding the above referenced matter in response to your correspondence on XX.XX.XXXX.
I have no recollection of thIs alleged debt and accept no liability for it. However I’m also a busy person who cannot be distracted by the complexities of a court claim or the time that will have to be spent in dealing with one.
In the interest of saving time, effort and expense I wish to offer your 20% of the alleged debt as Full and Final settlement of this matter.
Please confirm in writing – by email and post – if this is acceptable to you, and that it represents Full and Final Settlement to you and how payment should be affected by reply.
Once in receipt of this confirmation I will be able to make payment.
Kind Regards.”
My question is this – does this letter amount to me accepting liability for said debt, being that I did offer payment? Could they argue that I would only offer payment if I knew I was eligible for this debt? Looking over my financial position, I am unable to afford even a token amount towards these debts now so was hoping they would drop off my file soon enough.
Thank you.
Weatherman says
Hi Mickey
It’s hard to say, is the simple answer. I don’t know whether the fact you’re offering payment ‘cancels out’ your careful wording. You could call National Debtline and see what their view is: 0808 808 4000
They can also advise you on your other options if you can’t make any payments at all. (if you can’t make token payments, where’s the money for the F&F offer come from?)
Also remember that the statute-bar time limit and the six-year period that information stays on your credit report are different. If you’ve had a default on your credit report, it disappears after six years, no matter what. Although if the debt is *not* statute barred, the creditor can take court action and potentially get a CCJ, which then stays on your report for another six years.
Mickey says
Thank you for your reply weatherman. The letter I wrote offering F&F was a year ago. My partner at the time was going to help me settle the debt however we have now broken up therefore this is no longer possible.
Thanks for the advice, much appreciated.
Sara (Debt Camel) says
It sounds as though you haven’t heard from your creditors for a while? See https://debtcamel.co.uk/no-calls-or-letters-about-debt/ for more about this situation.
Mickey says
Oh they still write out to me (and email) on a regular basis. Or rather the debt collection agencies that they have sold the debt to do.
Sara (Debt Camel) says
So what is your plan?
Mickey says
In all honestly, I don’t know what my plan is. My plan was to allow my partner to pay them up front and then set up a payment plan with him. That’s no longer an option. At this rate, my plan would just be to ride them out, I can’t see any other way.
Sara (Debt Camel) says
I think you should talk to a debt adviser about your options – phone National Debtline on 0808 808 4000.
If it was just one debt then you could let it ride and sort out what happens. But with several they simply aren’t all going to go away and there is little point in hoping for this. You find yourself in a stressful game of whack-a-mole as they pop up and threaten court action – how much should you offer to this one, not knowing when the next one will demand action or court.
Depending on what sort of debts they are it’s possible this *may* work for some of them: https://debtcamel.co.uk/ask-cca-agreement-for-debt/ but you can’t reply on it.
Mike says
Hi Sara,
If a CC debt has been sold on (after being in a repayment plan for a few years to a new company. And the new company doesn’t respond to the CCA request, 6 months later can they apply a default? I thought it had to be the original creditor? Seems unfair..
Sara (Debt Camel) says
Well unless the debt us either defaulted or settled it will never drop off your credit record.
So the question really is, when should the default date be?
When did acts fail to pay the original lender? Who was the lender?
When was the debt sold?
Mike says
Hi Sara,
About 2 years ago now. Removed off my file at that point too (was opened 2013/4).
Was in a payment plan of £7 a month for about 2 years too as I couldn’t meet the payments and missed one.
Vanquis
Sara (Debt Camel) says
So if the debt disappeared when it was sold, this was because the Debt Purchaser, Lowell, did not report it at that time. The debt should be reported by the new creditor but there is no rule to say this has to be immediate.
Your aim now is to get that default date put back as far as possible – then the debt will drop off 6 years after it. See https://debtcamel.co.uk/debt-default-date/
I suggest you send Vanquis a complaint saying as you were making such low token payments they should have defaulted you 3-6 months into the payment arrangement. If Vanquis do this, Lowell have to use the same date. The fall back is that the debt should have been defaulted at the point it was sold.
BRIDGET says
I have been on a debt management plan with Stepchange since February 2014. Due to a drop in salary last July and November I took two payment breaks. I usually make regular payments to Stepchange and most of the debts apart from two debts that transferred to Lowell have now dropped off my credit file. However, Lowell have put two missed payments against my credit file which obviously is impacting my credit score. My question is if the two debts to Lowell are more than six years old can they still show the debts on my credit file and missed payments?
Many thanks.
Sara (Debt Camel) says
You need to ask the original creditors to add a default date on or before the date they sold the debts to Lowell. Then Lowell will have to use the same default date and the records will drop off your credit files. See https://debtcamel.co.uk/debt-default-date/
The other debts that have already dropped off… I suggest you read https://debtcamel.co.uk/ask-cca-agreement-for-debt/ and think about asking the current creditors (not the original lender) for the CCAs for debts that were cards, catalogues or loans. If the CCA can’t be produced, the debt is unenforceable in court and you can simply stop paying.
Michael says
I am being persude for a loan / credit card and a overdraft. My loan says on my credit report it defaulted in 29march 2016 am I right in thinking this will fall off my credit report next and not be able to be seen by future creditors at all?
Weatherman says
Hi Michael
You’re right that it’ll fall off your credit report next March, but the creditor could still take court action about the debt if it’s not ‘statute-barred’ (see here: https://debtcamel.co.uk/statute-barred-debt/). And if they get a CCJ, that’ll also show for 6 years.
Even if it’s not on your credit report, if a lender asks if you have any debts (mortgage lenders sometimes do this), you’ll need to tell them.
barry says
After 6 years and the debt is removed from your file (but you still owe money) , does anyone have access to that information ?
Such as a mortgage company?
If they asked I would so no i dont, but would they check ?
Looking to move soon so looking at my options.
Sara (Debt Camel) says
See https://debtcamel.co.uk/mortgage-debts-not-on-credit-record/ which looks at this subject.
Jade says
Hi Sara,
We have recently settled our debts with 6 creditors from our DMP for 30% of amount owed.
Link Financial are the only creditors who will not accept less than 70% which we cannot afford to pay. The money to settle with was gifted, debts are from 2014, all defaulted and off our record now, they have a copy of our income/expenditure to prove that we will not be able to repay any time soon. I requested the CCA from link on the 13th March and they are requesting it from the original creditor.
Payplan cancelled our DMP since we only have link left and we now pay link directly via bank transfer £1 per month what we have paid for the last 2 years. Payplan advised us to write to link again explaining that all other creditors have accepted and that our DMP is now cancelled so please re consider our offer.
We would like to apply for a mortgage in the next year but how will this existing debt affect us. Do I keep going back with settlement offers in the hope that they accept. If we don’t settle then I’m conscious that a mortgage lender would notice the £1 payments from our bank account and so we would then have to declare the debt. I am afraid not to pay in case they go after a CCJ. We could continue these payments from our parents bank account in which case it wouldn’t show on our accounts for mortgage purposes, is this fraud?
Sara (Debt Camel) says
I suggest you wait and see if Link can produce the CCA – if they can’t then this resolves this very quickly.
We could continue these payments from our parents bank account in which case it wouldn’t show on our accounts for mortgage purposes, is this fraud?
Yes – not a good idea.
Jade says
Okay thank you.
If link cannot produce the CCA and I stop paying do I still disclose the debt when applying for a mortgage as technically it’s still there?
Sara (Debt Camel) says
Well that is up to you. I wouldn’t because it is unenforceable.
Charlie Watts says
If I pay off an outstanding debt (credit card) that is over 6 years old and no longer showing on my credit report – will it then show up again after I have paid it? I am trying to get a mortgage and don’t want this flagging back up!!
Sara (Debt Camel) says
It will not reappear whatever you do.
You may not need to pay it in Full – the debt collector may be happy if you make a full & final settlement offer.
Ewan Thomson says
Hi I’m looking for some advice.
I have an old loan with Satsuma (showing as Provident on Credit Karma). It’s showing as “currently open” however the status is reported as “delinquent”.
The loan was taken out in June 2014. I made regular payments up until December 2017 at which point the outstanding balance was £180. However as I faced financial difficulty i stopped making any payments and buried my head in the sand. Since that time I haven’t made any payments (3 years 4 months). There has never been any default note placed on the account – however every month they have reported as “missed payment.”
My question would be whether it is better for my credit file to pay the outstanding balance off in full today, or whether to continue to ignore the debt in the hope that it will disappear off my credit report in 2 years 8 months time.
My fear would be that if I make a payment in full today, it will continue to show on my file for another 6 years?
Any help would be much appreciated
Sara (Debt Camel) says
was that your first loan from them? what term was the loan/
Ewan Thomson says
It was a 30 day pay day loan. I was in a bad way financially and had multiple pay day loans at the time (thankfully which have all been paid off).
The loan was taken out. Initially no repayments were made (taking out the loan was a desperate attempt to stay above water with other loans) eventually I set up a plan repaying a minimal amount and getting down to the £180 outstanding.
Sara (Debt Camel) says
As the loan hasnt been defaulted & hasn’t been paid, it will never drop off your credit record.
You could pay it now, in which case it will drop off in 6 years.
Or you could pay it now AND ask Satsuma to add a default back in 2015 or 2016 – in which case it will drop off this year or next year
Raj says
Hi , my personal loan went to default in April 2016, currently I pay £8 per month. I still got £6200 balance. Am planning for a mortgage this year or next year .
It will be 6 years next April of my default , will my default get cleared of or will I have to pay the balance before applying for mortgage.
Sara (Debt Camel) says
Has the loan been sold to a debt collector?
Raj says
I pay £8 to arvato financial solution.
Sara (Debt Camel) says
Are Arvato collecting on behalf of the original lender? Or has the debt been sold to them?
Raj says
Arvato is calling behalf of original lender(barclays).
Thanks for the quick reply.
Sara (Debt Camel) says
so your default will be cleared after 6 years, so in April 2022, whatever you do.
But you can’t plan to stop paying it – or barc lays will go to coyrt for a CCJ.
You will find it much easier to get a good mortgage offer if you leave applying until May 2022 AND you have settled this loan at least 6 months before then so the payments won’t show on your bank statements that a mortgage lender will ask to see.
You can try to settle it with a full and final settlement offer – so you pay less than the full amount. it will still all go from your credit record so there is no need to worry that this will look bad to a future mortgage lender.
Baron of beef says
Hi Sara,
I have been reading your brilliant posts. I have been under a DMP since 2006 and now have an offer of a small gift of money to sort things out. Idem financing has just confirmed it cannot produce CCOs for the three accounts it holds, all 3 are credit cards but think one may have been amalgamated with a small overdraft. All defaults were registered on the noughties when the DMP started and my credit score is good and has nothing adverse on it. Idem say they will ‘continue to pursue the debt which may include registering any arrears and defaults with credit reference agencies..’ Is this correct?
I do intend to stop paying these accounts following your advice and perhaps then offering a low settlement to make them go away – I am waiting for Intrum, Hoist and Westcot to reply as well.
Kind regards,
J
Sara (Debt Camel) says
If the debt was still showing, then they would be entitled to register arrears and defaults – but if it isn’t showing on any of the three CRAs because the records have dropped off as the default was more than 6 years ago, then Idem cannot re-add it.
Craig says
Hi there!
Around a month ago, I started getting emails from a collections agency, stating that an old overdraft debt in my name from 2004 – which apparently had a CCJ applied to it in 2008 – requires my attention.
This is genuinely the first I’ve heard of this, although the account information (sort code, a/c number, etc) they have given me from 2004 does appear to be correct.
What should my next step be now, please? I’m currently in the process of seeking a mortgage and don’t want anything having a negative impact on this.
At the same time, I’m happy to address this issue – if indeed it does need addressing, of course!
Many thanks in advance for any help you are able to provide!
C.
Sara (Debt Camel) says
I suggest you talk to National Debtline urgently on 0808 808 4000.
A CCJ never becomes “statute barred” but after 6 years the creditor has to get special permission from the court to be able to enforce it. This is very rare.
This debt should NOT reappear on your credit record.
Craig says
Hi Sara,
Will do. Thank you 👌
C.
Craig says
Hi Sara,
Thank you for your previous assistance with this. After your reply, I was able to muster the courage to contact the company in order to setup a payment plan, which has since been completed!
KR
C
Anne says
I took a secured loan out on my property yrs ago with welcome. I pay off my mai. Mortgage but have no way of clearing the welcome one it has been sold to coast debt solutions they say they will start litigation it’s second charge not first. They are registered in luxumburg not UK can they start proceedings to repossess. It isn’t in my experisn report anywhere hadn’t paid anything for over 6 yrs only borrowed 1200.oe they want 27600 I told them I’m releasing equity in 3 to 4 yrs they won’t wait my main mortgage company will she has given me 30 days to sort something out so I’m screwed
Sarah do you know anything about coast finance solutions it says they are administered in UK by targetservicing limited so not a public company so as welcome sold the debt if they recover they make money out of the litigation can they repossess my home I thought first charge took precedent and my mortgage company are happy and helping me till I can release the equity admittedly I pay them the monthly due but I am I. Arrears by 7000 but they not foreclosing. Is there any way I can stop coasts actions thru are threatening me with
Sara (Debt Camel) says
How much is the house worth? How large is the first mortgage?
Anne goodfellow says
House is worth 221.009 main mortgage outstanding balance 54000 second mortgage 27600
Just been accepted for equity release by key equity subject to valuation being enough ie 2210000
Sara (Debt Camel) says
So you are going to be releasing equity very soon, within a few weeks? Not in years?
A second charge holder has the same right to repossess a house if you are not keeping up with the terms of the loan as the fist charge holder.
The fact they are a foreign company and the debt does not show on your credit record is irrelevant, what matters is that they have a loan secured by a charge on your house.
Unless you are about to release equity very soon, you need debt advice very fast. I suggest you call National Debtline on 0808 808 4000.