Default 1999 - DCA want the money 7 yrs later!

KingCanute_2

Can a DCA put a default back on my experian file cos its 7 years old now and was legally removed May 2005?

Obviously I dont want to have the default show up again its taken me 5 years of sleepless nights to clear £40k of debt through payment plans with my DCAs by strict budgeting, very lean living and loads of overtime

Heres the story:

Credit card cash advance in 97 - long story, but I borrowed the cash to help a friend out (yeah, stupid, I know) and lo and behold she didnt pay me back and I lost my job - consequence, totally unpaid and marked as a default - last contact from their DCA 1998 when they told me the consequences of not paying
The 6 year rule of the Limitation Act says this default marked on my file by the DCA April 1999 is legally uncollectable after April 2005

I moved house in 2000 and informed all my DCAs and continued paying everyone who billed me - I heard nothing more about the default until Nov 05 when I got a FINAL NOTICE from the card DCA threatening County Court Action and demanding the full amount plus legal expenses! I didnt respond cos this was 8 months after the 6 year period expired

Anway the letters got more and more threatening until a "collecter" called.

She was very pleasant (but timid) and appeared to be an saleslady - obviously a cunning plan! Anyway the conversation when like this:
Her "kingcanute?"

me ; "yes...?"

her ;"Im from mumble-mumble calling on behalf of mumble"

me: "who?"

her louder : "credit card company" (name changed to protect the guilty

me : "yes...?" (thinking shes a doorstep seller (duh!)

her : "Are you going to pay this bill?" - points at a page in a small flowery beige ring binder with her pen (this in in a dark hallway outside my front door, and I cant see what shes pointing at except it looked like a pink excel spreadsheet

me : "er - no??"

(like I pay unknown bills on the doorstep!) - ( I have another account from this card co which is paid every month in full and has an immaculate history- incidentally this one and the defauted one were taken out in 1993
I waiting for her to explain what bill, how much its for, what shes talking about, etc

her : "Ok - goodbye"

So, I closed the door went back inside and thought , Uh??? then it dawned on me ..... OH great - she was trying to collect the amount on the DCA letter!"

A few questions arise here:
1 Can a DCA put the default back on my experian file cos its 7 years old now and was removed mid 2005 - if so what date will it show the default - 1999 or 2006

2 Was the "collector" breaking Data Protection law as she didnt show me any ID or ask any DP questions before announcing my private business in a public place to the block/neighbours?

3 Are smiley tactics fair to use to verify if someone lives there? They could have done that dead easily from my experian file and other lenders records which are updated monthly

I have written to the DCA with the Limitaion Act letter and told them to get lost unless they can prove I have made a payment between 1997 or acknowleged them before April 2005

see the Limitation Act letter at http://www.nationaldebtline.co.uk

If anyone has similar experience of defaults being restarted please let me know

Waiting with baited breath....

us,thecat&thedebt

i dont know anything about the law ect

but agree that the way the door step collection was done sounds wrong!!!

thats why im glad i live in first floor masionette when ever my door goes i pop my head out window if is someone i dont know tell them im a friend housesitting lol can i take a message!!!

us,thecat&thedebt

btw you did the right thing by not letting them in

i heard this alows them to get a warrant or something.

KingCanute_2

I dont think she was actually a heavy mob collector - just a smiler who is sent out to verify peoples current addresses

Im waiting for the next one to knock - the chain is on the door now by the way

Im gonna say - ah yes - Ive got something for you ....hold on..

I will hand them a copy of the Limitation Act get lost letter and see the smile dissapear!

tigerlily

I'm not sure if I'm missing the point here but if the debt is yours then why not pay it back? As you have said that you did indeed accrue this debt surely the moral thing to do would be to pay it back or accept that it would be marked against you. ( The moral point does not need to be put accross to that of the debt collectors.....I know they have no morals!!lol)

KingCanute_2

The entry HAS been on my file for the past 6 years, but its been legally removed now as the time has been spent

I agree the alleged debt was technically mine (dont forget this was incurred in 1997 (9 years ago) but I was in work and in good credit so I was persuaded to lend her as she was in short-term money probs at the time

She promised to pay the monthly bill until she sorted herself out - it turned out she couldnt pay a penny and the short term turned to a long term financial nitemare (bad judgement on my part). I lost my job so I couldnt pay either

No-ones bothered contacting me since 1998 even though my file shows the DCA searched my current address in 2001, so theyve known for 5 years where I live now - to be honest until I received this Final Notice letter I had completely forgotten about this default - thats when I signed up here and got my online Experian report

The point is I am protected by the 6 year Limitation Act law and legally dont have to pay cos the DCA couldnt be bothered to contact me before the expiry date of April 2005 - reading stuff on here leads me to beleive that this DCA ignore this law and hope someone will be stupid or gullible enough to make an offer or pay up

I beleive its my friends debt, but she passed away 2 years ago so I cant explore that avenue of payment

I dont need to pay it cos im protected by law which insists black marks are deleted after 6 years - in my case 2005, which is when it was removed

The DCA are just trying it on !! (you know they normally pay 10% for these debts so if I was to pay they will make a handsome profit for sending a few illegal letters and a smiley lady - now whos being immoral?

Amazing what trouble you can get in by being a Good Samaritan

Harassed_2

One debt, one date, one default.

A default can only be legally issued ONCE on the same debt. It has a 'life-span' of six years and must come off the credit reference agencies files after this time - this is the law under the Consumer Credit Act. However, if they DO re-issue the default, it is NOT consumer credit law being broken, it comes under the Data Protection Act.
Re-issuing a default is 'a breach of the 1st Data Protection Principle' - 'the re-recording of a default is not acceptable'.

Take up your case with the Information Commissioner, if they do try it on.

http://www.informationcommissioner.gov.uk/

Experian_company_representative

...or ask Experian to dispute it for you.

sashacat

you borrowed it, as you have admitted readily, so you should pay it back, regardless of the law or the time scale.

Broken_hearted

This is annoying, I know it's great for you. this month is a nightmare for me I have to go without to pay wescot this month (£400) full and final payment as they have hounded me to death. I only owe £700 in total. Do you have any idea how upsetting it is to have to ask your parents for money to feed the kids.
Maybe if others paid their debts then peole like me desperatly trying would be given more chance/time to be able to pay.
Please don't feel I'm having a go at you it just seems so unfair.

micheleen

KingCanute wrote:

4000 quid cash advance in 97 with MBNA - long story, but I borrowed the cash to help a friend out (yeah, stupid, I know) and lo and behold she didnt pay me back and I lost my job - consequence, totally unpaid and marked as a default by Wescot on my Experian file in April 99

I moved house in 2000 and informed everyone - I heard nothing more about the default until Nov 05 when I got a FINAL NOTICE to my current address from Wescot threatening County Court Action and demanding the full amount plus legal expenses!

When you say you informed everyone in 2000, if that included Wescot then Nov 2005 is technically within 6 years for last contact even if the default was in 1999.