Ive got a duplicate default, the same debt but from 2 companies, what can i do??

The_brizzles

I have just printed off my credit report and i have 6 defaults.
2 of the defaults are from the same debt.

The first was issued by Lloyds TSB on 21/4/08 for £1692 with a start date of 01/05/07.
I then had another default for the same amount issued by Cabot Financial on 23/03/09 with a start date of 08/09/06.

I dont understand why there are 2 defaults for 1 debt, i know that debts can be sold but did not know i could get 2 defaults for the same debt? Can i get one of these removed?

Also there is a default on there from a company called, Aktiv Kapital, i cannot remember having any contact with them and am not sure where the debt is from as i think it could possibly be another duplicate. Does anybody have a template of a letter i can send them to see where this debt has come from?

I have read that they must provide an original credit agreement or something otherwise they cannot pursue the debt..
If they cannot provide me with this, how will i get them to remove the default?

Furthermore, I had a current account with natwest and went less than £10 overdrawn, they have since started to charge me £6 per day and i have recieved a letter from Wescot demanding £693.25.

It seems pretty steep for less than £10 is there anyway i can dispute these charges with natwest and they seem disproportionate?

And finally i had a vanquiscard which i have failed to keep up repayments on. I have recieved a letter from Moorcroft Debt Recovery offering me payments of £40 a month, but am still recieving letters from vanquis asking or a minimum payment of £154.85, if i pay Moorcroft instead will that stop the interest?

Also i have debts from around 5 years ago that have defaulted but ae due to drop off next year, if i start paying them now will that start the 6 year period off again? and if i leave them to drop off can i still be liable for a ccj?

Please help somebody xx

Tixy

You shouldn't have 2 defaults for one debt.
Cabot can only put on a default if lloyds remove their entry. And they must use the original default date that Lloyds had on their entry. They have to decide between them who is going to record the account. I would write to cabot and dispute the entry. Obvious question I know but are you sure its the same debt?

The AK default - I would use a version of the prove it letter - you'll need to change the recently contacted to say entry on my credit file or words to that effect. You could also dispute it with the credit reference agency.

Don't go down the route of a CCA - as whilst they need a valid CCA to take you to court if they don't have one they can still report to the credit reference agencies - you need to dispute the debt and whether its yours not whether there is a CCA (at this stage).

Prove it letter http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

Westcot - you could also send the prove it letter to them. Do you have a breakdown of the £693? Is it over 100 days of £6 charges? or something else?

Vanquis - you might be able to pay vanquis and keep the account open (and possibly stop a default if not already issued). Vanquis may or may not agree to freeze interest. Moorcroft might freeze interest.

The 5year old defaults - they will go from your file whether you pay them or not or start paying them.
You could still be taken to court for these debts. At some point they might become statute barred and if the do then if they tried to take court action against you you could defend on the basis that they are statute barred.

Regarding statute barred - a debt will become statute barred if you do not pay towards it for 6years and do not acknowledge to the creditor/DCA that you owe the money and only if the creditor doesn't start court proceedings before that 6year period is up.

The_brizzles

Ok so should i send the prove it letter to everyone that has issued a default?

The Cabot and LLoyds debts definatley the same one so i need to write to lloyds and ask them to remove there default.
Basically what happened was, i had a student overdraft with lloyds and a student credit card with them also. The overdraft facility was withdrawn and i was asked to pay back in full which i couldnt afford. So thats why the initial default was issued. Cabot have now issed 2 defaults 1 for the overdraft which was the £1692 and another for the credit card at around £458 this was added later than the one for the overdraft though.

Im going to send a prove the debt letter to Aktiv Kapital.
I think i should send the remove the duplicate default letter to lloyds as Cabot have rightfully issued the 2, lloyds should have removed theres.

Do you know whether i am supposed to contact lloyds or dispute it with experian? Also does anybody have a letter for me to send to lloyds?

Tixy

I would send a prove it letter to any DCA the first time they contact you about a debt to prove its your debt they are chasing and to prove they have a right to collect the debt.
The only reason I suggested it in relation to your credit report is because you don't know what debt the entry relates to. And so they should send you details of who the creditor was and the account number etc. A prove it letter wouldn't get rid of a default for any debt that is yours.

Cabot shouldn't put on an entry and default until lloyds remove it - so I would say its cabot that is at fault. The cabot entry for the overdraft should have the same default date as the lloyds entry had. The cabot entry for the cc should have the same default at the lloyds cc had, or if lloyds didn't issue a default the date would be after they (cabot) had issued a default notice and you hadn't rectified the account within the allowed timescale.

The_brizzles

If i send them all a letter asking for proof of the debt, could that not afect the 6 year no contact rule, because im getting in contact?

rogerblack

The_brizzles wrote: »

If i send them all a letter asking for proof of the debt, could that not afect the 6 year no contact rule, because im getting in contact?

There is no 6 year no contact rule.
It's 6 years (5 in scotland) without payment, court judgement, or you acknowledging the debt in writing.

Writing to them and saying 'I do not believe I owe this money, can I please see a copy of the evidence you hold, so I can dispute it' - or similar - could not be held to be acknowledging.

Similarly a data protection act request for any and all information they hold on you is not acknowledgement.