Robinsons way-hoist changed default date

Izabera · 24 April 2017 at 4:56PM

Hi all,
I recently noticed an old debt reappear on my credit report, I then started receiving letters from Robinson Way creditors .
I ignored the letters at first as I knew the debt was over the 6 year statue barred time line , that was until I checked my file yesterday to see the default date has been changed .
The debt is with Lloyds for a old account , I know for certain I have not used this account since 2009 because that's the time i swapped bank accounts after taking advice to do so as at this time I was struggling .
After checking this default notice on my credit file I noticed it saying I only fell into defaulting 48 mths ago , well that is just impossible as I have been using only one account since 2009 , this is where I need help . Unfortunately I cannot access my old credit reports ( noodle ) to backup my claim that this debt started in 2009 and fell off my credit report only to recently reappear .
I was just about to send off a statue barred letter to Robinsons way solicitors ( Howard Cohen) but after noticing the conveniently adjusted default date I'm worried this will reset the six years . The solicitors have given me 14 days to offer an acceptable payment or I could face court action .
I'm in two minds whether to call their bluff and just ride out the remainder of the time ( new default date 16-6-11 ) I would pay it but I feel angry a company hasmoved the goalposts and in my opinion are breaking the law .
Please any help / advice would be appreciated .

Many Thanks

Arleen · 24 April 2017 at 5:04PM

Send them the statue barred letters; they will have to prove everything - including when was last payment made on the account, and when did it default and that it's not statute barred. Which any solicitor worth his salt will check before filing court paperwork and will drop it because taking that further will be a disaster for them.

Izabera · 24 April 2017 at 6:02PM

Thank you for your reply .

Would it be worth asking for a Cca before I deliver the statue barred letter ?

National_Debtline · 24 April 2017 at 6:47PM

Hi Izabera

Your post suggests that this debt was some sort of overdraft, in which case a CCA request is unlikely to be relevant or worthwhile as such debts are exempt from many requirements of the Act.

Arleen's advice above seems fairly sound to me - whatever the (adjusted) default date, the onus will fall on them to prove that the debt is not now statute barred.

Dennis
@natdebtline

Izabera · 25 April 2017 at 1:15PM

Thanks Dennis

One last question as I'm trying to cover all bases before I send the SB letter , is there a credit report that will give me my history ? I'm currently using Noodle and as far as I'm aware I cannot look at previous reports .

Thanks again

Izabera · 25 April 2017 at 1:22PM

I have disputed this default with Noodle pointing out the grey areas i.e. Default date against so called last time the account was up to date ( Default being 18mths earlier ). Unfortunatley at the moment they do not seem interested even though i have pointed out the flaws in the dates provided by Hoist.

Thank you

Robinsons way-hoist changed default date

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