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A debt that disappeared for three years...

in_all_reality
in_all_reality Posts: 35 Forumite
edited 27 March 2012 at 2:17PM in Debt-free wannabe
Ok so I need some advice.

At the moment I'm looking for information and not sure if there's anything I'm missing.

I have had an overdraft since the age of 16 and when I was 18 I took out a store card (£100 limit) and mobile internet contract.
I was using all three and paying them off until the age of 19 when I became unemployed, the three companies refused to put me into a payment plan so I started missing payments, incurring charges non-stop.

7 months later I found part time work and spoke to my local CAB who set up payment plans but I realised that each time I paid the companies were still charging more than I could pay in charges. Because of this I stopped paying.

I got passed to a debt collection agency for all three which I then refused to speak to.

2 and a half years later I got my first piece of mail from the debt collection agencies again - to find out that more charges have been slapped on to each of the debts. I also noticed that they have defaulted me again - when I checked my credit file it turns out my debt has been sold countless times and each one has defaulted immediately (sometimes without ever contacting me).

Now that I'm getting the threatening letters and the constant calls I don't know where I stand... I'm not in any better position - I'm a student but I'm also working part time to support myself. I know that I'm in the wrong since I was the one that refused to sort it out but I'm looking for a way to solve this.

The debts were taken out at my old address and now I'm getting spammed with mail at my new one, I also asked them not to call me on my mobile but I'm getting calls and texts from these companies daily.
Is there anything I can do about the fact that they are defaulting me countless times for the same debt?

I assumed if they left it for more than two years then it should have been written off?

I forgot to state - the debts currently stand at;
Store card - £100 limit, currently £158 with charges
Credit card - £100 limit, currently at £208 (last I checked) with charges
Overdraft - £350 limit, currently around £650-700 with charges.
So the debt in total isn't much more than £1000.
Any help appreciated.
:j Amateur bargain hunter :j

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    Creditors (or debt collectors) can chase you for 6years and take you to court for non payment for 6years from your last payment or written acknowledgement to them.
    So no they shouldn't have been written off as they left it more than 2years - and could possibly still consider taking court action with regards to these debts.

    However on your credit file - each debt should only appear once, either in the name of the original creditor, or in the name of a debt collector.
    If say you have a halifax credit card and they sell the debt to moorcroft
    - either halifax remove their entry and moorcroft add an identical entry (same start date, same default date & amount etc) as the halifax one but with their name on it
    - or halifax keep their entry on and moorcroft don't put one on. If you pay moorcroft something towards the debt they tell halifax who then reduce the outstanding balance per your credit file.
    Either of these options can happen, the creditor and debt collector decide between them - but it should not be both.

    Regarding defaults - a debt should have one default date on your credit file and that should never be changed. Typically it would be dated roughly 3-6months from when you first fall behind with repayments though that can vary depending on exactly what and when you paid at varying times. On the file subsequent months activity will still show as though the account is defaulted (a D with most agencies), but the default date field shouldn't change.

    If you have more than 1 entry for a debt then you can write to the later entry to require them to remove their entry altogether. Obviously if you do this it puts you back in contact with the debt collectors.

    If you decide you want to tackle the debt you may want to arrange either a repayment plan, or a reduced full & final settlement on your debt (either of these do in writing not by phone).
    Once a debt is fully repaid it should be marked as a satisfied default, or if you agree a reduced full & final settlement they may mark it as partially satisfied.

    Defaults stay on your file for 6years from the date of the default.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
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