Old Default

boardangels

HELLO EVERYONE
I HAVE 2 DEFAULTS WITH RBS FROM 3 YEARS AGO THAT I HEARD NOTHING ABOUT UNTIL NOW ,1 FOR £592 WHICH WAS MADE UP OF BANK CHARGES WHICH I GOT SICK OF AND STOPPED PAYIN AND ONE FOR £290 WHICH WAS A LOAN THAT RBS GAVE ME TO PAY OFF THESE BANK CHARGES. I HAVE NOW BEEN CONTACTED BY A COMPANY CALLED LOWEL.I JUST WANTED TO KNOW IF YOU THINK I SHOULD CONTACT THE LOWELL GROUP AND CREATE A PAYMENT PLAN OR SHOULD I JUST RUBBER EAR THEM AND WAIT FOR ANOTHER 2 YEARS UNTIL THE DEBT IS WRITEN OFF? I AM IN SCOTLAND
ALSO DOES A DEFAULT COME OFF OF YOUR CREDIT REPORT IF YOU AGREE TO A PAYMENT PLAN?

GeorgeUK

The default won't come off your credit report for 6 years. Even if you pay it, it will usually just get marked as satisfied.

If the debt is for a loan or creditcard, you can request a copy of the consumer credit agreement (CCA). If they are unable to provide a copy of the CCA then the debt may be unenforcable and you will not need to pay. If it is an overdraft however then you will not be able to request the CCA.
Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Template: http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

You could also send the "prove it" letter which basically states that you are not aware of any debts you owe to this company and they are required to prove that you do owe the debt.
http://forums.moneysavingexpert.com/showthread.html?p=11570893#post11570893

If they threaten to take you to court, i suppose you could always agree and tell them that you intend to counterclaim for the unlawful charges that were issued to you.

boardangels

thanks george what if i never got back in contact with them and didnt answer the phone i am not on the mortgage it is only in my husbands name and i dont have any assets

GeorgeUK

It is possible that they issue you with a decree (Scottish equivalent of a CCJ)
http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=05_what_happens_when_a_creditor_takes_court_action_against_you

If they have your address, they should notify you of any court action however. You could contact the registry trust (1st on google) to see if this has already happened. If they have your address though you should know. As i said, i would inform them of your intention to counterclaim if they did take you to court. As i understand it, in Scotland you can claim back 5 years for any lawful charges - as these charges are unlawful, you may be able to go back 20 years.

I would send the CCA request just to put the pressure back on them.