If its been several years since you stopped paying a debt and you haven’t had any phone calls or letters for a long while, you may be hoping your debt has “got lost”. Perhaps the debt collector has forgotten about it…
Mr H has a typical situation:
I stopped paying a loan at the start of 2016 when I lost my job. I have a Default on my credit file for June 2016. The bank sold it to a debt collector after a couple of years. But I was never contacted by the debt collector. I know in 2022 it will fall off my credit history altogether.
Do you think there is a chance after 5 years of a Debt Collector contacting me this year or next year? What is the best thing for me to do?
This article looks at what may happen. The problem for Mr H is that debt collectors are taking more people to court for CCJs than they used to. And they often wait for years before they do this.
CCJs dropped during 2020 because of the pandemic, but they are now going up sharply. The numbers in the last quarter of 2020 was 73% higher than in the third quarter of 2020.
If you have been making debt payments, even very small ones, this article isn’t relevant for you – instead read Should I keep paying an old debt?
Becoming “statute barred”
When a debt is statute barred, the creditor won’t be able to get a County Court Judgment (CCJ) for the debt. In general a debt becomes statute barred six years after you missed a payment if the creditor had “the right to start court action” at that point. But if you made any payments during that six year period, the 6 years would start again.
I’ve written another post that looks in details at questions people ask about statute barred debt because it can be complicated for different types of debt.
Mr H hasn’t been making any payments. But if a debt collector gets in contact with him before this six-year period is up, they can still take him to court for the debt and he would get a CCJ.
It’s natural for Mr H to think that after five years he has probably been forgotten… but it’s common for people to be contacted by a debt collector with only a few months left before that statute barred point.
If you are contacted, can you ignore the letters?
Another reader wrote
I have just received a letter from a debt collector threatening court action. My debt will be statute barred in December, only 6 weeks away, surely I can tough it out until then? It must take a few weeks to get a CCJ?
It does take a few weeks to get a CCJ – indeed it will be months if you defend the case. But debt collector only has to start court action before the statute barred point, not complete the case before then.
Also you have to be absolutely sure your debt will be statute barred. In 2019 court case has made it more difficult for some loans and credit cards to become statute barred.
If you ignore the letters there is a chance the debt collector won’t go to court. This probably depends on how certain the debt collector is that you are the debtor.
But in many cases they will go to court if you don’t respond to them.
And debt collectors are taking more people to court about small debts than they used to. A half of all CCJs are for less than £800 and many are for only a couple of hundred pounds.
So ignoring letters isn’t a good idea because you could end up with a CCJ.
If you get one headed Letter Before Action (or sometimes Letter Before Claim or Letter Before Court), then this is your last chance to make a monthly agreement to pay the debt and not get a CCJ.
It is also the point at which you can ask for more information about the debt – sometimes the debt collector doesn’t have the right documentation to get a CCJ! For some debts the creditor has to be able to produce the CCA agreement for the debt and if they can’t the debt is unenforceable and they should not go to court at all.
Read How to reply to a letter before action which suggests how to complete the Reply Form that you have been sent.
What happens to your credit file
When a default date has been added to a debt on your credit file, the whole debt will disappear after six years. This is going to happen whatever you – or a debt collector – does.
If the debt collector suddenly springs into life you are likely to see them add the debt to your credit record under their name with the same default date as the original record does. If the debt collector “makes a mistake” with this and uses a later date, you should get the default date corrected.
But if you get a CCJ, this is then added to your credit record and will remain for another six years. A CCJ is worse for your credit score than a default is.
Have you moved?
If you have moved and not informed the creditors of your new address, then it’s possible the letters are going to your old address…
In this case the letters could turn into court papers and you could end up with a CCJ without knowing about it. That is actually more likely that the debt just being forgotten and going statute barred.
And annoyingly although the creditor didn’t seem to know where you were for the CCJ court papers, as soon as there is a CCJ they then seem able to find you and get it added to your credit record.
So what is the best thing to do?
That depends on your financial situation. Here are a few cases:
Much improved, hoping to get a mortgage
This old debt needs to be sorted, the last thing you want if you are making a mortgage application is the possibility of getting a CCJ. If you want to get a mortgage soon, whilst the old default is still on your file, I suggest you contact the debt collector yourself and settle the debt.
OK, could start clearing this debt
I suggest you work out how much you could pay each month and start saving this amount up in a separate account, where you won’t be tempted to dip into it. If the debt collector contacts you, you then have an amount you could offer in a full and final settlement.
If time goes on, the debt drops off your credit file and you are sure it is well over six years since you made a payment, then read up about statute barring. At some point you will feel comfortable to use the little nest egg you have saved for something else.
Not good, could only afford a token monthly payment
In this case there isn’t anything sensible you can do now except wait. If the debt collector does contact you, don’t ignore the letter but offer a token payment and give details of your income and expenditure, showing why you can’t afford any more.
Dreadful, lots of other problem debts as well
You need to look at your whole situation, not just firefight individual debts. Although this particular old debt could potentially disappear, it’s best to assume that it won’t. Have a look at this overview of possible debt options.
Ask for the CCA agreement for old debts
Partial settlements & getting a mortgage
How much will my credit score change if…
Ahmar says
I would request you to kindly appraise with your suggestion.
What to write as date when you have decided that you can pay off your debts, question on bankruptcy form. I simply dont know what to write here as my debts are from 2005 and not statute barred as I was in debt management plan couple of times but didn’t work in 2015, now I am a carer to my wife and do not think these debts over £90 k can be paid in my life time. I need a fresh start , what you suggest as what date should I write here.
Weatherman says
Hi Ahmar
You just need to put an estimate here. You could put the month your DMP ended, or the point at which you started caring for your wife full-time.
Bankruptcy may well be the right answer for you – but you should get debt advice before applying! It doesn’t take long, but can make sure bankruptcy is your best option, and they might also be able to advise you on filling in the form. Call National Debtline: 0808 808 4000
Lukas says
Hello,
Can you tell me please if I should contact credit reference agency for dispute.
Basically my THREE account has been opened on 22/10/2014 , I didn’t make any payments since then as I moved abroad.
I can see on my credit file that there is no data since 2015.. what I can on the report is message UPDATED 10/09/2017. Is that mean that 6 years starts from updated date ?
I have few same account that open date is far away from updated date – and not even sure why is updated , nonpayment has been made etc…
Kindest Regards
Lukas
Sara (Debt Camel) says
If there is no default date on the credit record, a credit record will remain until 6 years after the settlement date. So forever if nothing is changing…
You can ask 3 to add a default date back 3-6 months after you missed a payment. So that would be early 2015 and the debt would then drop off 6 years later so very soon.
But your problem here is if you contact 3, then may ask you to pay the debt. It’s old, but it can be hard to be sure that it is “statute barred” and a creditor cannot take you to court for a CCJ. Talk to National Debtline on 0808 808 4000 about this.
You may decide it is better to wait another 6 months to be more sure about this before contacting a creditor.
David Hughes says
Hi. We have a debt a car finance loan dated 2006 and we got into financial trouble the debt was sold to a debt collection company we have had no contact or made any payments with with company since 2012. In 2017 the debt company put a default on the credit file so we had missed payments for five years and they defaulted with after five years and there are now still missed payments to date. The default debt is still on my credit file even though not one penny or contact has been had in 12 years is there a solicitor who can deal with this for us
Sara (Debt Camel) says
If there is a default date in 2017, it will be marked as defaulted every month after that and the debt will drop off your record 6 years later in 2023.
If it is currently showing as missed payment, then there isn’t a default date at all and the debt will never drop off.
I’m not saying either of these is what should have happened, but can you confirm which is the case?
David Hughes says
Hi Sara. It was showing missed payment from 2012 right up to Oct 2017 then they put a default on literally five years later. I believe a default should be put in within 3 to 6 months of first missed payments since 2017 there is a default on the credit file to date. Nine years of missed payments and no contact. They are very much statute barred now. The balance owing is the same as 2012. I have copies of the credit files showing the dates of last payment. I wondered if there was a way of requesting they move the default date as we haven’t had any correspondence or contact since 2012
Sara (Debt Camel) says
Right. Your options are to wait until it goes in 2023 or to ask the debt collector to backdate the default to 2012, in which case it would drop off. See https://debtcamel.co.uk/debt-default-date/ for how to ask the date to be changed.
“reset the clock”
If a debt is already statute barred, it can never become unbarred. It sounds likely that this debt is statute barred. Talk to National Debtline on 0808 808 4000 about this.
There is nothing a solicitor can do here that you can’t do yourself.
David Hughes says
Thank you. I was worried about contacting them even though it’s been nine years as this particular company I’ve learned is underhand in their efforts. The reason I was looking for a Solicitor is to draft a letter on my behalf ensuring I don’t make an error in doing so.
It’s the only thing on my credit record that I’d detrimental as it took a long time to get back on my feet after the financial crash in 2008.
Thank you for your help it’s very much appreciated.
David hughes says
The original lender was black horse car finance I’ve been told some loans don’t have statute limitations. The car went back to them they wanted the car back and the balance of the loan paid in full too. This was about 2009
Sara (Debt Camel) says
some loans don’t have statute limitations.
Who said this?
David Hughes says
I spoke to citizens advice and they transferred me to a debt charity i have it somewhere in an email. He asked me what kind of loan was it as I actually couldn’t remember at the time it was black horse. He told me some debts /loans have different terms and conditions where they can still chase for the debt regardless of time. I now know it’s black horse car finance thst was sold to capquest. I think caoquest kniw it’s statute barred which is why they have never tried to get a ccj
David hughes says
Business debt line it was called
Sara (Debt Camel) says
ok, I suggest you go back to them now you know more about the debt. I think it would be unusual for this to not be statute barred but they are the experts.
Jon says
Dear Sara,
After contacting you recently with regard to an old account in arrears that had never defaulted, the company in question has now agreed to remove this from my credit file, thanks to your excellent advice.
Thank you so much for this. The difference it will make in the coming years is huge.
Thank you again.
All the best.
Jon
Heather says
Hi Jon,
I am in the same position on a debt. What letter did you send to the creditors to get it removed.
Bec says
Hi Sara,
I had a credit card for a supermarket chain that I left unpaid £3k I believe, could be slightly less. I moved country 2 years ago and recently a debt collector has started sending letters to a friend’s home address whom I lived with in Eng. I haven’t responded to the letters and I’m unsure as to what to do. I want a mortgage in my country (ROI) but I’m afraid if I pay off this loan that the bank will want to see where that money went to. I’m also curious if they have any powers within R.O.I? I had originally tried to pay it once I left Eng, but am unable as the app and website don’t work outside the uk. I wonder if it is worth their while financially to chase me.
Sara (Debt Camel) says
I suggest you talk to National Debtline about this: https://nationaldebtline.org/contact-us/. You can use their webchat from outside the UK or phone them.
Max says
Hi Sara,
After reading some of the threads on here, I am quite worried and needed some further advice. I will try and sum up my situation below:
Across the 3 CRA’s, I have the following negative information on my records:
1. Cabot Credit Management – Default registered on September 2015; account satisfied and ended on September 2020
2. Cabot Credit Management – Default registered on 2015; account satisfied and ended on September 2020
3. Barclaycard – Default registered on December 2015; account marked as satisfied and ended on July 2019
4. PayDay Express – Default registered on September 2015; account marked as satisfied and ended on December 2016
5. Mr Lender – Account marked as paid and closed with end date of November 2015
6. Elevate Credit (Sunny Loans) – Account marked as paid and closed with end date of July 2015
7. Satsuma – Account currently open with default date of May 2015. I have cleared the balance on this so this should be marked as satisfied and closed at the next report update and also drop off in May 2021.
In addition to this, I also had an account with 247moneybox from April 2015, they have gone into administration. This was also overdue and outstanding but there is absolutely no traceability of this anywhere across the 3 CRA’s so I am hoping this has been wiped off and doesn’t need addressing. Although, I have had no confirmation of this or any follow up emails from the administrators.
Max says
My question relates to my accounts with Barclaycard, Mr Lender and Elevate credit. These 3 accounts only show up on my TransUnion report. Secondly, I did not make any repayments towards these or cleared the outstanding balances, however, all 3 of these accounts now show an account balance of 0 and all have an account end date. Besides Barclaycard, Mr Lender and Elevate account should also have default dates but they don’t.
1. The Barclaycard account has also not been sold on (I believe) as I have had not further contact from either Barclaycard or debt collection agencies regarding this. My last contact with Barclaycard was in June 2015.
2. Mr Lender , Elevate Credit (Sunny Loans) – These two accounts were sold initially to Motormile Finance who contacted me numerous times from August 2015 – August 2017. I initially ignored them but then engaged in conversations, eventually could not work out a repayment plan so these debts were passed on to Moriarty Law. I had contact with Moriarty Law from November 2017 at which point they were sending some letters and also emailing threatening with legal/court action. I sent Moriarty Law a generic email template to provide me some original documentation to prove the debt. They sent me a credit agreement with Mr Lender and statement of account from Motormile Finance showing an outstanding balance of £880 for both accounts. This was incomplete set of docs so I responded and pushed them for further evidence including copy of default notices etc. That was the last interaction I had with them (December 2017), so it has been around 3.5 years since then. I have moved a few times in between so anything they would have sent in the post would have definitely been missed.
Max says
Reading this thread, I am starting to worry about a couple of things and wanted your advice on this. It certainly looks like the 3 outstanding debts above which I have not settled (although marked as closed in CRA) can come back to haunt me. I was foolish enough back in 2015 with but have not had any problems since then and want to absolutely avoid those mistakes right now. I want to actively put this right as I am in a much better financial position and also because, the negative default markers will start to slowly come off my file this year and all will be off by the end of 2021. So I do not want to jeopardize what feels like a fresh start and also my chances of getting a mortgage, especially after the hard work over the last 4-5 years.
Sara (Debt Camel) says
The Barclaycard account. If you haven’t settled the account with Barclaycard, it has almost certainly been sold. I suggest you contact Barclaycard and ask what the balance is, and if they say it has been sold, ask who it was sold to. One possibility when you find out who has bought it is to ask the debt purchaser (not Barclaycard) to produce the CCA agreement, see https://debtcamel.co.uk/ask-cca-agreement-for-debt/ – if it can’t be produced, the debt is unenforceable and there is no need to pay it. It will peacefully drop off your credit record in December this year. If the CCA can be produced you can settle it, offer a lower amount in full & final settlement or start making monthly payments. It will still drop off in December this year, so the only problem for a mortgage will be the monthly payments option which the mortgage lender will see on your bank statements.
Mr Lender. Was this the only loan you had from them?
Sunny. Did you make an affordability claim to the administrators? Have you had any emails from them?
Max says
Hi Sara, thank you so much for the prompt response and apologies for such a long thread, had to break it up but I wanted to explain my situation in detail.
Ok, so I will speak to Barclaycard and investigate further. It did seem too good to be true. If I can settle it, I will settle it in full instantly. I understand bank statements are only required for 3-6 months max, so if paid within next month, this should not be reflected. It was also a bit strange as I have already spoken with Mortgage brokers and they had said that Barclays were potentially willing to lend on a 90% LTV, that too after carrying out a hard credit check which showed the default Barclaycard account.
The loan with Mr Lender was the only loan I had, originally for £200, but total repayment with interest was £350. I was using quite a few pay day loans at this point, if you’re thinking from an affordability perspective. No, I did not make an affordability claim with Sunny. I did read about the redress schemes but I can not find an email from them anywhere and I have kept all email communications for the accounts in a separate folder. The last email from Sunny was in May 2015 which was a generic overdue account one.
Thank you
Sara (Debt Camel) says
have already spoken with Mortgage brokers and they had said that Barclays were potentially willing to lend on a 90% LTV
really? I suggest you talk to a different broker.
Your decision about Mr Lender / Elevate is then whether to contact Lantern and offer to settle. Or cross your fingers and hope they gave up on you – it seems odd that they stopped pursuing you in 2017.
Max says
Yes, I was very surprised about this. I even went back to the brokers and asked them if there were any specific markers that concerned the lender (i.e Barclays) and they said no. So really surprising. I have queried this with Barclaycard so hopefully get to the end of this.
Why Lantern? Is that the firm managing those accounts now? Would it not be better to go to Moriarty Law as they were the last company I was in touch with? This is exactly my dilemma, the communication with Moriarty stopped completely at the end of 2017. It could be that this coincided with me moving and they sent stuff in the post which I missed. But if they had sent legal papers at this stage or applied for a CCJ then there would be evidence of that on my file. I had crossed and hope for the last few years and it could still work out but I am not sure if I should be reliant on this. The other thing is , neither Mr Lender nor Elevate , or even MMF registered accounts as default on my file. Even though there are ‘X’ and ‘D’ markers, no actual default date. So I don’t think this can fall under the statue barred umbrella.
Thank you
Sara (Debt Camel) says
MMF changed its name to Lantern. Moriarty were just lawyers for MMF I think. It is also odd that MMF/Lantern haven’t added a credit record for those debts.
If there is a D market there should be a default date. look at the statutory credit reports for each CRA – they are often easier to read: https://debtcamel.co.uk/best-way-to-check-credit-score/.
If there is no default date, those debts will not drop off your credit record. You can ask Mr Lender to add a default back in 2015. For Sunny the administrators will no longer respond to you or to the CRAs, in this unusual situation so you can ask the CRA to “suppress” this record”, saying it is wrong as a default should have been added, see https://debtcamel.co.uk/correct-credit-records-lender-administration/.
Max says
Ok so just spoken with Barclaycard and that’s one account completely closed for sure. As it turned out , they had closed it but it was still with their collections teams, an account balance of £500 now paid off in full. Good thing to come out of this was , they informed that the default date was actually October 2015 rather than December 2015 shown in my TransUnion Report. I will be raising a query with TransUnion immediately to address this which means this comes off 2 months earlier. So something good to come out of this, thank you for your advice.
Those two accounts are only reflected in TransUnion report and only have account start and end dates. The Elevate account only has three months (May – July 2015) marked as ‘X’ but no default but the Mr Lender account has ‘D’ marked against January, February 2015. If I can get this added to January 2015, this means that this should either way be suppressed or deleted off the record.
I was under the impression that closed accounts will still drop off the credit report albeit different time frames?
I have an email from Lantern Debt Recovery services from May 2019 with a notice of assignment for a different account confirming the closure of my Wage Day account, though this had been paid off. So its more strange that they haven’t contacted me about those two. Ok so I will contact Lantern and see if I have an account with them in the first instance?
Thank you
Sara (Debt Camel) says
“The Elevate account only has three months (May – July 2015) marked as ‘X’ but no default”
this need to get suppressed, see my previous link. If you don’t it will not drop off until 6 years after the settlement date. your reason for getting it suppressed is that a default should have been added in 2015.
the Mr Lender account has ‘D’ marked against January, February 2015.
this you need to get Mr Lender to add a default, see https://debtcamel.co.uk/debt-default-date/. You cannot get this suppressed as the lender is still in business.
So its more strange that they haven’t contacted me about those two. Ok so I will contact Lantern and see if I have an account with them in the first instance?
I agree it’s strange. It’s up to you if you want to contact Lantern or sit back and wait to be contacted – which may never happen – as the debts are not on your credit record.
Max says
A final thank you , you have put my mind at ease and I feel a bit better now . I have raised the two default issues with Transunion already so hoping they get resolved through them, if not , then I will pursue Mr Lender to add the default and further enquire about my account . I did try registering with Lantern online using my old MMF reference number but it didn’t allow me to instead giving me a warning saying that I should contact them. So I will get in touch with Lantern to understand the best way to settle this . Thank you again for all your advice and quick responses !
Max says
Hi Sara,
Back from more advice . Reached out to Lantern today . They asked me to contact Moriarty as they were now dealing with the account . So got in touch with Moriarty and they asked me to get back in touch Lantern as they stopped dealing with it in 2018 . They also told me that my Mr Lender loan is now statue barred (I don’t think so ). So went back to Lantern and told them about this . They told me that the Sunny loan was still outstanding and they will check on the statue barred for Mr Lender . I asked them for evidence on the Sunny loan to prove the debt and the said they will send all docs so looks like they have this . Kind of shot myself in the foot , seems like both parties had dropped the ball on this until I reminded them . Worst case scenario , I will have to pay both outstanding balances which is £900. Had two questions , will it be first worth offering like 50% for a full and final settlement amount ? Secondly , am I able to put a complaint in with FOS for Sunny (elevate) to say that it was irresponsible/ unaffordable lending on the basis that I had three other pay day loans at the same time and was living beyond my means . Thinking Sunny have gone into admin so they won’t be able to respond to this? Worst case , I will pay these off just to have that peace of mind but want to see if I can try other avenues . The good thing is at least they have my updated address so I will receive future postal correspondence .
Thank you
Sara (Debt Camel) says
Kind of shot myself in the foot , seems like both parties had dropped the ball on this until I reminded them
That was why I said it was up to you if you want to contact them as if you didn’t you may never hear from them.
I have no idea if they will accept a lower settlement offer – if they think you are desperate to settle they may say No.
No Sunny complaints can go to FOS. It is too late to send a complaint to the administrators. But you can get the Sunny loans “suppressed” from your credit record as I have described.
Max says
Ok thank you , I will wait for them to send the documents through . I have also just thought of something else . I know previously I mentioned that I had spoken with Motormile through emails from late 2015-2017 but I didn’t acknowledge the debts via written communication at any point . I had simply asked them to provide necessary documentation to prove the debt which is when the communication broke down , they couldn’t send me the complete set in 2017. The last time I spoke with the lender themselves , was also in January 2015 for both of them . I know a debt becomes statue barred in 6 years if it hasn’t been acknowledged. What counts as acknowledgement ? I did in 2017 go on the online portal for MMF and offered a partial settlement , though I did not put this in writing. They rejected this at the time. Would this count as acknowledgment ? Thanks
Sara (Debt Camel) says
I did in 2017 go on the online portal for MMF and offered a partial settleme
That sounds like a written acknowledgment.
Heather says
Hi There,
wonder if you can help, I have a debt on my credit file dating back to 2008, which has no default on it, but the company are still reporting it as a payment being received each month, although I have not paid anything since back then. I have told them I have no knowledge of this debt and to remove their entry from my credit file, but all they keep telling me is to obtain an SAR request. How did you get your defaulted account removed?
Any help would be appreciated.
Sara (Debt Camel) says
Which company is recording this on your credit record? Was this a debt they say was originally owed to someone else?
Heather says
The company reporting are Barclays. It is a really old debt that went to debt collectors in 2009, but they could not get a copy of the Cca so they referred it back to Barclays. I have not had any contact from them since back then, but they still report on my credit file each month as if I have paid. I wrote to the recently aski g them to remove the entry off my report as I had no knowledge of this debt, and they just keep telli g me to fill out an SAR request so I can obtain paperwork.
Sara (Debt Camel) says
Are you saying you never had this loan/credit card/overdraft from Barclays and that it is some mistaken identity?
Or are you saying that there was originally some debt but since 2009 they have not been able to produce the CCA agreement and you have not made a payments?
In either case there are things you can do, but it helps to be clear what the underlying situation is.
Heather says
This was an original debt of mine, but circumstances at time I couldn’t afford to pay, so they sent it to debt collectors who couldn’t obtain a CCA fron Barckays, so they referred back to Barclays and not had anything since, and that was around 2009.
Aman says
I have a question, I got into financial problems and fell back on payments which eventually stopped in Dec 2015. On my credit records some of these show as defaulted and some are showing as NO DATA under payments and then shows
Opened Dec 2013
Updated on Dec 2018
Credit card in Default.
What will be the default date on this one?
On another one it shows NO DATA under Payments
Opened Dec 2013
Updated on Dec 2015
Credit card in Default.
I am mixed ip with date of default and when will these entries fall of my file?
Thanks in advance
Sara (Debt Camel) says
I suggest you look at the statutory credit reports, see https://debtcamel.co.uk/best-way-to-check-credit-score/ for how to do this. They are often the clearest to read.
Have you made any payments to these debts?
Aman says
Thanks for your reply. i haven’t made any payments in the past 5-6 years.
I will check the stat reports.
Regards
Mike Davies says
This time last year I received a letter from a debt collection agency, Robinson Way, in relation to an old Barclaycard account, which would have now been ‘statute barred’ in 2010 I followed the ‘three-letter’ solution and the only response I received from them after the ‘Cease & Desist’ letter was a simply, ‘We won’t be taking any further action in this matter’. Unfortunately, having had workmen in the property, I have lost this letter!!
Now I have received a letter from Hoist Finance UK Ltd, which is operating as ‘Robinson Way’ for the exact same Barclaycard debt’. I have followed the ‘three-letter’ solution as previously and have not as yet received any response to these letters, which were all sent by ‘Royal Mail – Signed For’ and I have proof of delivery for these letters.
On the 10th May this year, I will be sending the ‘Cease and Desist’ letter as I doubt I will receive any response until this forth letter is received by them.
I contacted Barclaycard to complain and they ‘can’t find the necessary documents such as a CCA – or anything in relation to the debt – or in fact, the account number Hoist Finance have provided !!!
Obviously Hoist Finance UK Ltd are trying to recover a debt which is older than the six year period for them to take any further recovery action, yet they continue to hound me for this debt.
What can I do if they continue to hound me, under any of their trading styles ??
Sara (Debt Camel) says
Forget about the 3 letter stuff. It is a legal nonsenses that sometimes seems to work if there is an underlying problem with the paperwork. Hoist have ignored them because they are useless.
Instead send Hoist/Robinson Way a request for a copy of the CCA agreement. Use the template linked to in https://debtcamel.co.uk/ask-cca-agreement-for-debt/.
You want Hoist to say it cannot get this. Once you have asked for it properly (use that template letter and send the £1 cheque with it!) a creditor can’t start a court case until they produce the CCA.
The 3 letter process is not the same and is not good enough to prevent a court case.
Asking Barclaycard for the CCA doesn’t help you.
If Hoist do send the CCA, then you can switch to saying the debt is statute barred, see https://debtcamel.co.uk/statute-barred-debt/. But failing to produce the CCA is frequently simpler, especially as you think it no longer exists.
Desperate Meg says
Hi, wonder if you could help me. I took out a mobile phone contract for £10 a month. I never used the phone as I got a company one and completely forgot about it. I closed the bank account that was assigned that direct debit and never received anything from the phone company to prompt the missed payments. Some 4 months later whilst moving house I found the phone and switched it on to find a barrage of messages about missing the direct debit. I called them straight away to pay the £40 and they told me that they had cut me off and had sold my debt to a debt collection agency. My credit report shows 4 months arrears and a £198 outstanding debt. I told the phone company that I had moved and asked who they had sold the debt to, but they couldn’t tell me. That was 4 years ago and no one has been in contact with me. So my credit file just shows arrears and it’s preventing me from obtaining credit with some high street lenders. Experian advised there is nothing I can do until someone gets in contact to pay it and the phone company won’t even speak to me anymore Any advice?
Sara (Debt Camel) says
I suggest your first step is to send the phone company a Subject Access Request (sometimes called a SAR or a DSAR) asking for a copy of all your personal information – if you google the name of the company and privacy that usually tells you how to request a SAR. That should show who the debt was sold to.
Claire says
Hey, I took out a loan through my bank (I’m still Witt the same bank) use to unforeseen circumstances I had to put the loan on hold. That was at the start of 2017, I’ve not had one call or letter chasing up the rest of the loan? Is this normal, will they contact me eventually about it?
Sara (Debt Camel) says
it’s not normal. What does your credit record show?
Matthew says
Provident. Took out 2 loans in 2014 and paid it back. Took out another loan in 2016. It was for £1200. I split with my wife and stupidly paid her the money.
This was not paid. I received a ccj. I had a debt collection agency 2.2021. The ccj was updated on 4.2021, it rose to £4200!
I noted as well that the British Gas and electric in 2020 where I purchased a brand new property, the plot of land changed so someone else was using the gas and electric. I disputed the amounts and I was with another provider. They are owned by another company, and they said they excepted. They had actually just said the is continuing in late payments. Completely fraudulently. I’ve raised dispute after dispute. Need some ideas. Now sold house and live in a small flat. Can’t get my job back as credit is now classed as poor. Ideas about above please?
Sara (Debt Camel) says
When did you originally get a CCJ? How much for?
Iza says
Hi, I have found the information here very interesting and educational.
While going through referencing for a new flat that we wanted to rent, they found my husband has a CCJ which cost us £350 for the deposit and ruined our plans.
The CCJ was applied in 2017, was requested from court by BWLegal, they sent us several letters before that which went to our old address. The debt is apparently from O2 from 2013 and is currently at almost £1000. The court applied a CCJ as we never showed up. BWLegal admitted they received the letters ‘return to sender’, we never knew about this till April this year and now we’re emailing back and forth with their litigation team – already lost2 months on that as they’re taking a long time to reply and are claiming they haven’t received my first emails either.
I wanted to have the CCJ set aside as if we were made aware of this in 2017, and if it was our debt, we would have paid it (maybe in several instalments).
I am feeling very frustrated as it is taking this long to even get an answer from them, they sent us a letter with an offer of 55% discount but I need the CCJ removed, it is still going to be there for 2 years.
Can you help?
Sara (Debt Camel) says
I suggest you phone National Debtline on 0808 808 4000 to talk about your options here.
Iza says
I need to know whether I have a chance to have this CCJ set aside for the reason that we were never able to respond in 2017? I considered phoning the helpline but my anxiety is bad and I prefer writing.
BW Legal emailed me this:
Good Morning
Thank you for your recent email, the contents of which have been noted on file.
We would like to confirm that in order to make a request to have the County Court Judgement (CCJ) to be set aside you would be required to contact the issuing court directly to make this request, also the full outstanding balance would need to be paid before this request can be made.
Please note that should you accept the 55% discount offered to you once the full amount of £415.35 is received our Client will update the credit reference agency as partially satisfied however, the CCJ will remain on the credit file for 6 years.
Unfortunately, you are unable to dispute the debt at this stage since the CCJ was entered no further dispute can be made and we would advise you to seek your own independent legal advice.
Do I have to pay it all first? Can I still ask the to provide docs that the debt is ours?
Sara (Debt Camel) says
National Debtline has a very good webchat facility if you don’t want to use the phone – https://www.nationaldebtline.org/
It’s staffed by proper debt advisers who can go through the facts of your situation with you.
Good luck!
Iza says
Thank you Sara, that is very helpful!
Aleks says
Does there have to be a registered default before the clock can tick to statue barred?
If I miss a payment, but the company does not register a default say until a year later, which one would be the one that would count?
Sara (Debt Camel) says
Read https://debtcamel.co.uk/statute-barred-debt/ which looks at this.
Heather says
Can you tell me what letter was written to achieve this? I have a debt with Barclays which has never been defaulted from 2010. They report to my credit file each month as if they have a received a payment, but nothing been paid since 2010. Your help would be appreciated.
Sara (Debt Camel) says
I am not sure who you are trying to reply to.
Can you give some details about what sort of debt this is? It’s odd they rreporting it as being paid each month, it isn’t harming your credit score, but obbviously it isn’t right.
Heather says
Barclays bank loan. I queried my credit report as not had contact with them since 2010, but the entry is still on my credit report and they report on it each month as satisfactory, but not paid them.anything and the balance obviously remains same. I am desperate to.get removed from credit file as want to remortgage… I was replying to a post by name of Jon who got.something similar removed. Must have done it wrong. Any help.appreciated.
Sara (Debt Camel) says
Jon left a comment back in April. He didn’t say much about that account or who the lender was except that there were arrears. He probably used the letter over on this other page: https://debtcamel.co.uk/debt-default-date/
Is there a large balance? Is it showing as in arrears?
Heather says
The balan e is just over £11,000. Each month I just get a green dot which is Ok and the balance remains same.
Sara (Debt Camel) says
No wonder you want that gone for a mortgage application!
If you are sure you haven’t made any payments since 2010, then I suggest you send them a complaint asking them to add a default back in 2011 – that will cause the debt to drop off your credit record as it is over 6 years ago.
They may ask you to pay the debt… read https://debtcamel.co.uk/statute-barred-debt/. As it is so old, I would hope they will accept an argument from you that it is statute barred, but if they don’t, talk to national Debtline on 0808 808 4000 about this.
Paul Johnson says
I just received the email from a company called lantern saying they are collecting my old pay day loan debts from over 5 -6 years ago? Do I still need to pay?
CUSTOMER REFERENCE: M4919451
CURRENT OUTSTANDING BALANCE: £1794.94
Dear Paul Johnson
We’re writing to let you know that your QuickQuid account (10946295) has been sold to Lantern. Click here to download your goodbye letter from QuickQuid, please note you will need to enter your date of birth.
Who are Lantern?
We’re an award winning debt purchaser, managing over 3 million customers. We understand that talking about debt isn’t always easy, so we take a different approach – you’re in control. We’ll work with you to discuss your circumstances and arrange a repayment plan that works for your situation.
What does this notice mean?
As part of the sale, all of QuickQuid’s rights as the owner of your debt have been assigned to Lantern Debt Recovery Services Ltd. The effect of the assignment is that Lantern now own the debt and can collect the outstanding balance. Your legal rights will not be affected by this transfer, and you still need to pay back the debt.
Sara (Debt Camel) says
I assume you did have some loans from QQ?
Can you check when the last one was?
Did you make an affordability complaint to the QQ administrators?
Paul Johnson says
Yes I did. The last one was 7 yrs ago.Tbh I got in a bad situation and stopped paying them… after a year or two I stopped receiving communication from them till that email yesterday. I didn’t know if there was some sort of time for the debt?
Sara (Debt Camel) says
Talk to National Debtline on 0808 808 4000 about whether this debt may be statute barred.
Jay says
Hi,
I wonder if I may ask for some advice…
Back in 2018 I was contacted by Robinson Way over a debt I had no recollection of so I replied with a standard letter asking for details of the loan and all relevant details…. I received no reply at all so I followed up with another letter, disputing the loan and also to say Robinson Way had not provided any evidence regarding the loan… again I received nothing back. Each letter was sent recorded delivery.
This was back in 2018 but this week I have received another letter from Hoist Collections asking for payment of this loan.
I have downloaded my credit file from 3 different agencies and there is no details of any debt.
Do I have to go through all this again with another company even after following the correct procedure 3 years ago?
My last letter to Robinson Way explained if I was contacted again I would complain to the Financial Ombudsman… does this all start again?
Many thanks for any help or advice
Sara (Debt Camel) says
what sort of debt is it?
Jay says
It is a credit card debt
Sara (Debt Camel) says
And you never had a credit card from that lender?
Jay says
Unfortunately I was in a relationship in early 2000 where my partner used my details to take out credit in my name so it is certainly possible but I had no knowledge of it . This is why back in 2018 I asked for all the details , original agreement , and any other information so I could at least check.. when I asked for any details I was never answered and also the follow up letter was never replied to.. I could not and would not accept a debt I have no actual knowledge of and with no information there is nothing else I can do .
I have checked my credit records and there is also no record of it
Sara (Debt Camel) says
If the debt is that old then it may well be statute barred anyway.
I suggest you tell Hoist that you have no recollection of the debt, that you have previously asked Robinson Way to produce any evidence that you owed it and they never did. Ask Hoist to produce the CCA agreement for the alleged debt – use the exact wording in the link given in this article https://debtcamel.co.uk/ask-cca-agreement-for-debt/ and send a cheque for £1 with your request.
Jon says
Hi, I’ve been getting texts and calls from Lowells regarding a personal matter and they mention letters they’ve been sending. I have not received any letters from them or anyone else about any debt. There is nothing on my credit files so I don’t really know what it could be. I’m too scared to call them but I am moving soon so will want a new mortgage and I am terrified of them getting a CCJ on my old address (not lived there for 16 or more years) so whoever any debt could be would have my new address. Any ideas as I’m really struggling with my mental health over this, worrying I’ll not be able to move.
Sara (Debt Camel) says
I understand your reluctance to phone them, but the only way to stop worrying is to tell them you haven’t received any letters and can you check they have your current address?
If the debt is 16+ years old it is very likely to be unenforceable so it’s better to find out and challenge this, not sit and worry about it.