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Statute barred debt and credit file defaults?

5 replies

SunshineAndChocolateBiscuits · 25/01/2021 18:48

I have a debt logged on my credit file from a water company,
I disputed the debt and refused to pay it because I could prove I didn't owe it they told me I didn't have to pay it but they refused to remove it from my credit file (because I couldn't help them find the person who was responsible for the debt) and it logged a default every month on my credit file.

The debt was from from Oct 2013 - nov 2014 it was logged as a default in nov 2014 and continued to be until now.
I thought it would be removed in November 2020 as it became statute barred then.

However, they company have logged new defaults in November and December and the date of default on the credit file has changed to July 2015.

Are companies allowed to keep putting defaults on your credit file when a debt, according to their dates, is now statute barred, the rest of it was removed so they clearly accepted that was removed but the amount of the debt is still the same and the monthly defaults are continuing to be recorded.

Backstory of the debt in case it's needed,

I lived in a house share from sept 2012 -august 2013
The water bill was put in my name in dec 2012, when I moved out my housemate showed me an email from the water company that stated she had transferred it into her name.
I lived abroad for several years and didn't know anything about the debt until I checked my credit file in 2018.
I contacted the water company and sent the proof I moved out of the house and wasn't even in the country from August 2013, they said the last bill paid was September 2013 but nothing was paid October 2013 - November 2014 (the account was then closed after that date for and the account was then closed)
Since I could prove I didn't live there they agreed it wasn't my debt but said I needed to give them the contact information for the person who lived there when I left, which I didn't have, they basically said they would not remove the defaults until they had someone else to chase for the debt.
So it ended up just being left on there, my thinking was it would just disappear in a couple of years anyway, but apparently not.

Are they allowed to keep putting defaults on my credit file and changing the default date?

OP posts:
LemonNLime · 25/01/2021 19:02

I'm not 100% sure on the legalities of what they can and can't do so I've no useful advice there.

When I had an issue with a company logging something as a default when I felt it wasn't I raised a dispute via the credit file company, who looked into the matter and removed the account from my credit report, unfortunately this didn't undo the damage but it did allow me to start to repair my credit file. I'd try raising a dispute with them.

SunshineAndChocolateBiscuits · 26/01/2021 12:03

@LemonNLime

I'm not 100% sure on the legalities of what they can and can't do so I've no useful advice there.

When I had an issue with a company logging something as a default when I felt it wasn't I raised a dispute via the credit file company, who looked into the matter and removed the account from my credit report, unfortunately this didn't undo the damage but it did allow me to start to repair my credit file. I'd try raising a dispute with them.

That's a great suggestion, thank you.

It's annoying because I purposely waited for it to expire since they told me I didn't have to pay it as it wasn't my debt, I feel like they changed the goalposts and for all I know they will just keep changing the default date so that they can continue to log the default on my file forever more, which I don't think is right as it will always affect my credit score.

OP posts:
MrsMoastyToasty · 26/01/2021 12:13

When I worked in the water industry if a bill was in dispute we used to ask the person to send in a copy of their tenancy agreement and any relevant correspondence between landlord and tenant. As a final step we would undertake a land registry search to find the property owner, because the owner takes responsibility for services during times when it isn't tennanted.

I suggest that you get help from CAB with this. They are dab hands at statute barred debt.
If all else fails then write to the chief executive of the water company and calmly mention ofwat etc.

SunshineAndChocolateBiscuits · 26/01/2021 20:43

@MrsMoastyToasty

When I worked in the water industry if a bill was in dispute we used to ask the person to send in a copy of their tenancy agreement and any relevant correspondence between landlord and tenant. As a final step we would undertake a land registry search to find the property owner, because the owner takes responsibility for services during times when it isn't tennanted. I suggest that you get help from CAB with this. They are dab hands at statute barred debt. If all else fails then write to the chief executive of the water company and calmly mention ofwat etc.
Thank you for the reply.

I very much doubt the house was ever empty,
It was a big house close to a large uni and all of the rooms were sublet out by the 'main' tenant, who in the time I lived there never actually lived in the house, I didn't even meet him, I rented my room through another subletter.
I actually had no idea who really owned the house.

It was all quite shady, so I'm not at all surprised it ended badly.

OP posts:
MrsMoastyToasty · 27/01/2021 11:14

Sounds like your next course of action is to write to the CEO (I wouldn't bother with the complaints department as they don't have much power).

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