📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Remove default (an account that is almost statute barred) - what to do next?

2»

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    It won't happen - 1 debt equals 1 default. If you want extra security keep a copy of your credit showing the default as it is now. In the extremely unlikely event a DCA did try to put another one on you could easily get it removed. (But I can only recall one case of a DCA trying this on a SB debt where a default had previously been registered and the dropped off).

    Regardless option 1 or 2, do you recommend me write them to update my address?
    Personally I would always give all my creditors my current address. Too many stories of people having CCJs issued against them because they didn't get court papers.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • yhyh_2
    yhyh_2 Posts: 13 Forumite
    Tixy wrote: »

    Personally I would always give all my creditors my current address. Too many stories of people having CCJs issued against them because they didn't get court papers.
    Thanks tixy,I saw one thread mentioned that updating my record with DCA is acknowledge my debt. Is there any template I can use to update the address without acknowledge the debt? Last time I wrote them a letter to ask them to remove the default on the ground of they can't provide the original default notice.
    Obviously they refused to do so.Shall I use the same letter?
  • yhyh_2
    yhyh_2 Posts: 13 Forumite
    Regarding option 1: When I negotiate the removal of the default, can I NOT acknowledge the debt to make sure the account will get statured barred next year?
  • mdr86
    mdr86 Posts: 104 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I would have thought that trying to negotiate the removal of a default on a debt would count as acknowledging the debt.
  • yhyh_2
    yhyh_2 Posts: 13 Forumite
    I don’t understand why “I don’t acknowledge the debt , but willing to pay if you remove the default” would count as an acknowledge of the debt. But “I don’t acknowledge this debt, but this is my new address” can be considered as NOT acknowledge the debt.
  • yhyh wrote: »
    .... but willing to pay

    is acknowledging the debt
    yhyh wrote: »
    .... but this is my new address

    is not.
    Please note that any posts that I make on here are based on my personal opinion, experience and what I have read.
  • yhyh_2
    yhyh_2 Posts: 13 Forumite
    is acknowledging the debt



    is not.
    Thanks The Cappuccino Kid!
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    First thing i'd do is call Equifax to query why you have 2 defaults listed against a single account. There should only be one default per account so this needs to get changed. They may say that only the original creditor can get this changed, but there definately shouldn't be 2 defaults.

    If both defaults are from the same place, make an official complaint to thems stating that you will report them to the OFT and ICO if they do not remove the defaults. Also state that you have never received a default notice from them which is a breach of section 88 of the Consumer Credit Act 1974 which is why both defaults should be removed.

    Hopefully they would remove both defaults and send a proper default notice to you, which you could then pay and get rid of any possibility of defaults for this account.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.5K Banking & Borrowing
  • 253.3K Reduce Debt & Boost Income
  • 453.9K Spending & Discounts
  • 244.5K Work, Benefits & Business
  • 599.8K Mortgages, Homes & Bills
  • 177.2K Life & Family
  • 258.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.