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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi. For the past six years I have had two default notices on

Resolved Question:

Hi. For the past six years I have had two default notices on my credit file. I have been paying regularly to a credit collection agency. The matter never went to court and I agreed a payment plan.
The default notices have now expired although the accounts have not been fully settled.
Please could you advise me on my legal position regarding the two accounts?
Has the credit collection agency still got a legal right to pursue me for payment.?

Thankyou Sue
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Were you in default? How long ago was this please?

Customer:

The defaults were issued 1) 20.1.2008 and 2) 31.3.2008

Alex Watts :

Ok - so are they still showing on the credit file?

Customer:

Both defaults and reference to the debts have been removed from my credit file

Alex Watts :

They should not as they are only on for 6 years?

Alex Watts :

But if you have actually defaulted and the data is accurate, regardless of whether the fact you have been paying, then yes they are accurate.

Alex Watts :

This is because if you have defaulted, the data is true.

Alex Watts :

But in any event they can only put the default date and after 6 years it comes off your credit file.

Alex Watts :

If you have NOT paid within 6 years then the debts are statue barred.

Alex Watts :

If you have been making payments then the 6 year clock starts ticking from when you made the last payment.

Alex Watts :

So if it was 2 years ago then you have another 4 years to run

Alex Watts :

If you made a payment last month then sadly its 6 years

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

The defaults came about due to ill health...... so I have been making monthly payments for six years. My last payment was made this month. As I have said originally, there is still an outstanding balance - so.......are you saying........... I must continue to pay the credit agency until the balances are nil???

Alex Watts :

Yes.

Alex Watts :

Because the clock gets RESET when you make a payment

Alex Watts :

I am sorry

Customer:

Thanks for your help.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


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