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help with timescale of default

heres the details guys i have a loan with just over £14,000 left outstanding. i have arrears of £550 outstanding. the bank have passed it to a solicitors & they are going to register a default against me if i cant pay it by friday.

i have 3 questions.

1. i have never been issued with a default notice, can they do this.

2. what will show as default, will it the arrears of £550 or the full outstanding loan amount.

3. how long will the default show on my credit file (i still have 3 years to go on the loan).

the bank is clydesdale bank & the solicitors are sutcliff's (inhouse with cb)

cheers guys.
happy to be debt free (apart from mortgage: £111,000 @ sept 15)

Comments

  • MoonRose77
    MoonRose77 Posts: 227 Forumite
    can't help you with the answer but will bump up so this doesn't go to second page and get missed by someone who can help you out.
  • can anyone help, worrying about this
    happy to be debt free (apart from mortgage: £111,000 @ sept 15)
  • 10past6
    10past6 Posts: 4,962 Forumite
    1. i have never been issued with a default notice, can they do this
    Yes, but they are supposed to send you a written default notice
    2. what will show as default, will it the arrears of £550 or the full outstanding loan amount.)
    It will show the arrears, but if they take you to court, they may well claim the whole amount
    3. how long will the default show on my credit file (i still have 3 years to go on the loan)
    6 years
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • 10past6 wrote: »
    Yes, but they are supposed to send you a written default notice

    It will show the arrears, but if they take you to court, they may well claim the whole amount

    6 years
    i have been paying the monthly payments (apart from 2 which i missed) the missed payments are from the summer. will they still be able to claim the whole amount.

    i'm planing on paying this off over 3 payments if they will allow it (which i think they will). will this make a difference

    also is it 6 years from the date of issue or 6 years from the date the default was settled
    happy to be debt free (apart from mortgage: £111,000 @ sept 15)
  • sorry but bumpty
    happy to be debt free (apart from mortgage: £111,000 @ sept 15)
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    It's six years from either the date the account was settled OR the default whichever is the earlier.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    i have been paying the monthly payments (apart from 2 which i missed) the missed payments are from the summer. will they still be able to claim the whole amount.

    i'm planing on paying this off over 3 payments if they will allow it (which i think they will). will this make a difference

    also is it 6 years from the date of issue or 6 years from the date the default was settled

    Your previous paid payments won't matter - if the account defaults it's marked as default on your credit file - the amount is irrelevant it's the account that is placed into default.
    If they agree to a payment plan then great - make sure they agree to stop the default going on your account though because if it does then your credit file is marked for 6 years... If you can then either come to an agreement with them or if you are confident it's a one of and you can pay it back then borrow the money of a relative and pay them back in 3 installments instead.
    The 6 months is usually from the date the account is placed into default by the lender.
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • MrsTine wrote: »
    Your previous paid payments won't matter - if the account defaults it's marked as default on your credit file - the amount is irrelevant it's the account that is placed into default.
    If they agree to a payment plan then great - make sure they agree to stop the default going on your account though because if it does then your credit file is marked for 6 years... If you can then either come to an agreement with them or if you are confident it's a one of and you can pay it back then borrow the money of a relative and pay them back in 3 installments instead.
    The 6 months is usually from the date the account is placed into default by the lender.

    thats is exactly what i was going to do, but they are telling me over the phone that the default is already registered. the bank are still going to be taking the monthly payments out every month. this says to me that it is only the 555 arears that is regestered. without checking my credit report could this be the case?????

    if that is the case then it would be pointless in borrowing the money
    happy to be debt free (apart from mortgage: £111,000 @ sept 15)
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    thats is exactly what i was going to do, but they are telling me over the phone that the default is already registered. the bank are still going to be taking the monthly payments out every month. this says to me that it is only the 555 arears that is regestered. without checking my credit report could this be the case?????

    if that is the case then it would be pointless in borrowing the money

    Defaults don't work like that... either the account is in default or it's not - it doesn't matter if it's for £1 or £1000. If it is then that's it. If it's not then all it will have is markers showing late or missed payments on your credit score.
    Once it's in default they will continue to take their payments because they want their money back one way or another :)
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • MrsTine wrote: »
    Defaults don't work like that... either the account is in default or it's not - it doesn't matter if it's for £1 or £1000. If it is then that's it. If it's not then all it will have is markers showing late or missed payments on your credit score.
    Once it's in default they will continue to take their payments because they want their money back one way or another :)

    i think i'm starting to understand.

    so if it is marked as a default, when i clear the areers off will the dafault be showan as cleared or will it still be active.

    just checked my credit report & the 2 missed payments are showing, but that is all.

    many thanks for your help
    happy to be debt free (apart from mortgage: £111,000 @ sept 15)
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