Default questions?

bery_451

Can you get defaulted twice for the same account?

Do creditors still have the right to send debt letters after 6 years of defaulting?

Does a default happen after 3 months of non payment? then why is default date showing 2008 on my credit report when i defaulted in 2006?

can a CCJ come anytime after default? Is there a deadline for a company to register a CCJ on the debtor credit report?

cheers,

Sue-UU

Hi, so sorry I'm not fully able to answer your questions, but I'll gladly bump your thread back up to the top.

All best wishes.

Sue x

bery_451

Sue-UU wrote: »

Hi, so sorry I'm not fully able to answer your questions, but I'll gladly bump your thread back up to the top.

All best wishes.

Sue x

thanks, anyone?

Giraffeseeker

bery_451 wrote: »

Can you get defaulted twice for the same account?

No

bery_451 wrote: »

Do creditors still have the right to send debt letters after 6 years of defaulting?

Yes, I think so. The debt is statue barred 6 years after the last time you made a payment or admitted it was your debt. BUT this means they cannot make you pay or file a CCJ - they can still ask for you to pay (I think). Just send them a letter back telling them it's statute barred and they should stop.

bery_451 wrote: »

Does a default happen after 3 months of non payment? then why is default date showing 2008 on my credit report when i defaulted in 2006?

Annoying, isn't it? I have been in a DMP for 11 months and still no default from any creditor. I want the defaults because when they come (which I am sure they will) I will know it is 6 years from then - so the earlier the better. But they can come later. I *think* there might be some ruling on when it is reasonable to default an account, which would mean you might be able to complain and get the default moved to 2006, someone else might be able to help with this one.

bery_451 wrote: »

can a CCJ come anytime after default? Is there a deadline for a company to register a CCJ on the debtor credit report?

A CCJ can be filed up until the debt is Statute Barred, I think, so 6 years from last acknowledgement or payment.

HTH

Tintin

bery_451

tintingirl wrote: »

No


Yes, I think so. The debt is statue barred 6 years after the last time you made a payment or admitted it was your debt. BUT this means they cannot make you pay or file a CCJ - they can still ask for you to pay (I think). Just send them a letter back telling them it's statute barred and they should stop.


Annoying, isn't it? I have been in a DMP for 11 months and still no default from any creditor. I want the defaults because when they come (which I am sure they will) I will know it is 6 years from then - so the earlier the better. But they can come later. I *think* there might be some ruling on when it is reasonable to default an account, which would mean you might be able to complain and get the default moved to 2006, someone else might be able to help with this one.


A CCJ can be filed up until the debt is Statute Barred, I think, so 6 years from last acknowledgement or payment.

HTH

Tintin

Many thanks, are you a debt advisor by any chance?

Isnt a default a automatic process and triggers automatically on the debtors credit report following 3 months of no payment from the debtor?

Or is the default a manual process like a CCJ?

Are all databases at the credit report agencies such as experian and equifax linked together? For example if a creditor registers a ccj with equifax will that ccj gets updated on the experian database as well? Or does the creditor has to register it manually with each agency?

fermi

bery_451 wrote: »

Isnt a default a automatic process and triggers automatically on the debtors credit report following 3 months of no payment from the debtor?

Or is the default a manual process like a CCJ?

Not automatic at all. The creditor has to decide to register a default and then report the info to the CRAs.

bery_451 wrote: »

Are all databases at the credit report agencies such as experian and equifax linked together? For example if a creditor registers a ccj with equifax will that ccj gets updated on the experian database as well? Or does the creditor has to register it manually with each agency?

A creditor does not register a CCJ with anyone.

There is a central official register of CCJs. https://www.trustonline.org.uk

Courts report CCJ to that. Experian, Equifax etc then get a feed of CCJ info from there.

So all 3 CRAs should should show any CCJ.

bery_451

fermi wrote: »

Not automatic at all. The creditor has to decide to register a default and then report the info to the CRAs.



A creditor does not register a CCJ with anyone.

There is a central official register of CCJs. www.trustonline.org.uk

Courts report CCJ to that. Experian, Equifax etc then get a feed of CCJ info from there.

So all 3 CRAs should should show any CCJ.

So for example i stop making payments in 2006 and the creditor can decide to put a default anytime they like to may it be in 2008 or 2011 for example.

Do i have the right to complain regarding lateness of registering default?

fermi

There are some circumstances where a default is clear cut, e.g. you completely stop payments and make no attempt to rectify that, the debt is include in a bankruptcy etc, the debt is passed to debt collectors etc etc.

See for exampes: https://forums.moneysavingexpert.com/discussion/3172602

Where clear cut, and/or you can say that the relationship between you and the creditor has broken down, then defaults should be filed within 6 months at the very latest.

However, in other circumstances where you renegotiate payments informally or formally, or perhaps are paying close to the full amount, there is more discretion about when to record a default.

In can be quite complicated, and without knowing the precise circumstances and payments history it is hard to judge.

I would say have a good read through the above link and see where you think your circumstances may make things fall regards fairly dating/recording a default.

If you think they have waited too long, then you can complain.

bery_451

fermi wrote: »

There are some circumstances where a default is clear cut, e.g. you completely stop payments and make no attempt to rectify that, the debt is include in a bankruptcy etc, the debt is passed to debt collectors etc etc.

See for exampes: https://forums.moneysavingexpert.com/discussion/3172602

Where clear cut, and/or you can say that the relationship between you and the creditor has broken down, then defaults should be filed within 6 months at the very latest.

However, in other circumstances where you renegotiate payments informally or formally, or perhaps are paying close to the full amount, there is more discretion about when to record a default.

In can be quite complicated, and without knowing the precise circumstances and payments history it is hard to judge.

I would say have a good read through the above link and see where you think your circumstances may make things fall regards fairly dating/recording a default.

If you think they have waited too long, then you can complain.

what it is that i was completely broke and totally stop making payments in 2006. I did not make any further payments or negotiate with creditors that i will make payments. In fact I completely ignored the debt as it got me depressed when i looked at it. I know it was a stupid thing to do.

do i have the right to ask the creditor to change the default date? If they refuse who can i go to?

What laws and acts in this country supports my case regarding late defaults and end enforce my rights regarding defaults?

bery_451

fermi wrote: »

Not automatic at all. The creditor has to decide to register a default and then report the info to the CRAs.



A creditor does not register a CCJ with anyone.

There is a central official register of CCJs. www.trustonline.org.uk

Courts report CCJ to that. Experian, Equifax etc then get a feed of CCJ info from there.

So all 3 CRAs should should show any CCJ.

hi again,

what about this scenario regarding defaults?

does the creditor has to manually register a default with all 3 credit agencies or can they register it with 1 credit agency and the remaining 2 credity ageny databases gets updated through the registration?

Do all 3 credit reference agencies share the same database?

bery_451

hi,

My circumstances are that I stopped making payment in 2006 but dont know why they default me in 2008? even though I did not even communicate with them at all or made any payments to them since 2006.

Its 2012 now meaning its 6 years now.

Can I use the statute barred under Limitations Act 1980 against them even though they defaulted me in 2008?

Also if the creditor accepts my statute barred complaint does the creditor then have to remove the 2008 default date from my credit report?