default, potential ccj, need advice.

cwebb4

hi everyone, quick update- they are still calling one to two times a day, sometimes from different numbers, i recently changed my voicemail message from personalised to a template one, in a effort to make them think that the phone isnt being used. not sure this will work tho as it still rings but perhaps that doesnt matter, lol..
I'm due a letter from them i guess but they did say the next thing that would be done is legal action. I wonder if they do apply for the court judgment would i then be able to call them up and negotiate a minimum repayment plan as i am in hardship, and they would drop the court claim or once the date is set they will go to court?

anyone?

taffy056

They are still fishing on this, the advice is to ignore them until they show their hand, which in the case of most DCAs just more templated letters threatening all kinds of things, as mentioned in post #29 even though the default is August 2006 the actual date of last payment and acknowledgement of the debt is probably at least a few months before that. So it's likely to be statute barred now, they need to prove you legally owe the money. I would continue waiting.

cwebb4

thanks taffy056-
so it is not the default date i have to worry about but the last acknowledgment of the debt? people always seem to be torn on this one. im almost certain i never paid anything after going over the overdraft or had any contact with the bank duirng the time i had the overdraft active. I believe there is a 180 day period for which after the overdraft gets taken away that the bank holds the debt before it egts passed to the collections department, its then probably a month or more with the collections before they apply for a default. so if i hadnt had any contract with them at any time would the date of SB be from the last time i used the account or spoke on the phone to acknowledge the debt?
because that certainly would suggest that it is now SB and would explain why it dropped of my credit file 2 months ago i guess....

thanks again

taffy056

You are confusing things slightly

Defaults are on file for 6 years from the date registered, when a debt becomes statute barred it doesn't mean the default comes off the file early, it just means that the debt cannot be legally enforced, there could be 6 months difference between the two of them. I think this debt is statute barred and the DCA is trying it on.

And no the defaults are not the thing that matters but the statute barred date.

cwebb4

hhmm, im still not sure. the default date on my credit file definately said aug 2006, yet it certainly disappeared from my credit file 2 months ago. SB happens 6 years after the default date right? so it couldnt be SB yet i feel....

thanks again.

taffy056

No statute barred will normally always before the default date, so when you miss your first payment and don't acknowledge anything in writing, so for example the missed payment is February 2006 , the default is August 2006. So the breakdown started well before the default.

cwebb4

thanks taffy.


Im wondering, is it possible that they would apply for court action without the correct paperwork that showed when i last had contact with natwest re my overdraft. Could that even be in the form of a phone call between myself and a call centre? It seems likely that the last conversation i would have had with Newtwest would have been several months before it defaulted...

someone else in the thread comented that it is 6 years from the "last course of action" that being, in this case the last time they rang and spoke to me?

If so it seems like this should be SB :T and they are just trying it on, or perhaps they do not know the date the last contact natwest had with me, thats seems like pretty difficult info to track down. i mean would even natwest have this?

Gordon_Hose

Why not just send them the statute barred template letter. See what happens.

taffy056

You don't acknowledge over the phone unless you pay something on it, so the date you spoke to them doesn't apply in this case, the important date is the last time you made a payment or something in writing to them. They must prove the debt if it went further, which it won't I think.

Dizzy65

DO NOT CONTACT THEM AT ALL!

The default on your account will drop off after 6 years. This will not change.

However, they can issue court proceedings against you at any time until 6 years has passed from the time the debt fell due OR WHEN YOU LAST ACKNOWLEDGED IT. This means, if you contact them today, they will have 6 years from today to issue proceedings.

If they do sue you, offer instalments then (with them directly, not through the court otherwise you get a CCJ). If they sue you after 6 years from the last time you discussed it/it fell due, defend the case on the basis that it is statute barred.