Wierd one

erimus1

billinghamfan wrote: »

Little miss uni

you are not helping! I know everything you have said my query is to why they have suddenly put this on my file and how I can get it off my file as it is incorrect but halifax won't remove it and have suddenly added defaults

I think you need to send a SAR to Halifax to find out what they have done with the account. If there was a alliance owing in 2000, under ICO guidelines, they should have defaulted within 3 to 6 months of delinquency.

Little_Miss_Uni-Debt

I am helping, it's just not the answer you want to hear.

Q) Why have they added it? A)They can put a default on an unpaid account whenever they like. It being statute barred doesn't stop this. You have to challenge it.

Q)How do I get it removed? A)Write to them to say you have no intent to pay because it's statute barred. Ask them to also remove the default because you believe it was applied after it was statute barred.

It will be tough to get them to do it. They don't remove defaults easily. From my own experience, it takes months.

If they say no, it will drop off after 6 years.

If you've only asked them to remove it over the phone then they will of course, say no.

Little_Miss_Uni-Debt

erimus1 - I'm suggesting that if the OP had called them for a balance, or the account was brought back into credit in Oct 11 as the credit file suggests this would affect the debt. It would NOT be statute barred.

As BlushingRose has also said, investigation needs to be done as to the payments made around Oct 11

fermi

Little_Miss_Uni-Debt wrote: »

I know that you feel that this should have been statute barred back in 2006 but defaults change the date this comes into effect.

No. They don't.

erimus1 wrote: »

A debt becomes statute barred after six years from caused of action, not from when the default date appears on a credit file.

Correct.

Little_Miss_Uni-Debt wrote: »

*From the limitation act 1980*

Creditors are still able to pursue an unsecured debt if:

• They have previously obtained a County Court Judgement, CCJ, against you.
• You or anyone else named on the agreement have made a payment to the account within the last 6 years.
• You have established any contact with the creditor (this can be a phone call or letter to request a balance or change your details), except to deny that the debt exists.

Where are you getting that nonsense from?

Certain NOT **from the Limitations Act 1980**

The ACT is very clear. Acknowledgement must be by the debtor (or their agent). Must be in writing. And must be signed by the person making the acknowledgement.

Phone calls do not count. Ever. Even if recorded.

fermi

billinghamfan: I don't think you are the only one to have this.

If I recall correctly, there have been 1 or 2 other recent threads about Lloyds/Halifax etc having new arrears/payments and defaults being applied to long long long dormant current accounts.

I'll have a search, but it's needle in a haystack on this board sometimes.

faceuptoit

Just making clear that it does have to be in writing, cf the sections in bold below.

You will need to write to them and state that it was statute barred at the time the defaults were applied.

Special time limit for actions in respect of certain loans.
(1)Subject to subsection (3) below, section 5 of this Act shall not bar the right of action on a contract of loan to which this section applies.
(2)This section applies to any contract of loan which—
(a)does not provide for repayment of the debt on or before a fixed or determinable date; and
(b)does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;
except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt.
(3)Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.
(4)In this section “promissory note” has the same meaning as in the M1Bills of Exchange Act 1882.


With respect to acknowledgement and part payment:
(5)Subject to subsection (6) below, where any right of action has accrued to recover—
(a)any debt or other liquidated pecuniary claim; or
(b)any claim to the personal estate of a deceased person or to any share or interest in any such estate;
and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgment or payment.

With respect to judgments:
Time limit for actions to enforce judgments.E+W
(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.
(2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

billinghamfan

fermi wrote: »

billinghamfan: I don't think you are the only one to have this.

If I recall correctly, there have been 1 or 2 other recent threads about Lloyds/Halifax etc having new arrears/payments and defaults being applied to long long long dormant current accounts.

I'll have a search, but it's needle in a haystack on this board sometimes.

Thanks Fermi

I have disputed it through Equifax which is the only one showing this. Last time I looked at equifax all the data before oct 2011 wasn't showing so I am very concerned, I have stated several times in my dispute that I do not acknowledge the debt and that I have not made any payments and I want proof that I have made the payment to reactive the account. If this doesn't work I will write directly to Halifax it's just really annoying as I can't even remember if I did owe any money.

fermi

Well, it was the end of last year that I remember seeing 1 or 2 other similar cases of "phantom" activity on old Lloyds/Halifax accounts. So that sort of tallies.

Forum search and Google aren't helping me find them at the moment, but PM'd someone who I think replied on one of them?

billinghamfan

Thanks alot I have looked but can't find anything.

Little_Miss_Uni-Debt

Hey fermi, there are a lot of websites that do state that verbal acknowledgements count, so it's good to know they don't. Even ThinkMoney.com says it. Thank you for clearing that up.