Defaults on file

JustinCredibleGillespie

TakingControl wrote: »

Which is not legal and should this happen the OP should contact the CRA and the DCA and get these removed. You can't get a new default for the same debt

The debts become SB if you haven't acknowledge or paid any sum for 6 years (5 in scotland) and then become unenforcable. If you paid in the past 6 years on them, they drop off your file 6 years from default date but can still be enforced until SB.

I stand corrected OP. A friend of mine had a debt from Bank of Scotland which was sent to Blair, Oliver & Scott which is now with MacKenzie hall who have registered a new default in October. Thank you for clarifying that TC, I will get her to contact the CRA's now and get this sorted. Very useful info

JCG

xx

Apmcm

TakingControl wrote: »

When is the last time you ackowledged or paid on this debt? The default falls off automatically 6 years after default date but that doesn't make the debt automatically SB.

I've never acknowledged any of the 3 debts. Two are for small amounts but the largest is around £500. The debts were from April/May 2007, no payments ever made and the defaults were registered (2 small ones) in Oct 2007 and (larger debt) May 2008.

TakingControl

Apmcm wrote: »

I've never acknowledged any of the 3 debts. Two are for small amounts but the largest is around £500. The debts were from April/May 2007, no payments ever made and the defaults were registered (2 small ones) in Oct 2007 and (larger debt) May 2008.

In that case, they would become SB in October 2013 and May 2014, same time as the defaults fall off

fermi

Apmcm wrote: »

I've never acknowledged any of the 3 debts. Two are for small amounts but the largest is around £500. The debts were from April/May 2007, no payments ever made and the defaults were registered (2 small ones) in Oct 2007 and (larger debt) May 2008.

You literally never made a payment or acknowledge after receiving the funds.

If so, then the 6 years runs from the accrual of the cause of action, which in this case would be when you failed to pay the first scheduled payment.

(What date they added a default to your report is completely irrelevant)

Apmcm

So they're not statute barred from the time of the debt but from the date of the default? I thought it was six years from last payment (and as payments were never made, six years from the date of the debt.)! I'm not very good at this am I? I must say that apart from these three, my other credit accounts are tip top!

Apmcm

Sorry fermi, I posted before I saw your message! And no, no payments made. I didn't even know about them until a year ago. I did query the large debt over the phone and asked for some proof it was my debt (I didn't acknowledge the debt and made that clear a good few times). They said they were sending the CA to me but I didn't receive anything and decided against chasing it. A couple of months later, I got a debt collection letter from the company the debt was sold to. I ignored that but i'm dreading a knock at the door. It's a long time til it's SB

UsetheFORCE

JustinCredibleGillespie wrote: »

I stand corrected OP. A friend of mine had a debt from Bank of Scotland which was sent to Blair, Oliver & Scott which is now with MacKenzie hall who have registered a new default in October. Thank you for clarifying that TC, I will get her to contact the CRA's now and get this sorted. Very useful info

JCG

xx

They can re register the default under their name but cannot alter the date of default, it must the same as the date the OC originally listed.

i.e. BOS register default with date of 23/03/09

They sell the debt to Mackenzie Hall in June 2011 who then re register the account in their name. The default date MUST be 23/03/09, the same date as the BOS originally registered.

TakingControl

fermi wrote: »

You literally never made a payment or acknowledge after receiving the funds.

If so, then the 6 years runs from the accrual of the cause of action, which in this case would be when you failed to pay the first scheduled payment.

(What date they added a default to your report is completely irrelevant)

I stand corrected, thanks Fermi :T

Apmcm

I've just checked my report again and the first debt was started on 07/07/2006 with a default date of 29/04/2007 (no payments made), 2nd debt was started on 02/11/2007 with a default date of 23/05/2008 (no payments made) and the 3rd which is the largest, debt started on 13/07/2007 and the default registered on 02/06/2008. That actually shows that I made 6 monthly payments, the last being in Jan 2008. I remember, that's why I asked them to send me copies of everything they had, because I don't recall the debt, let alone paying any of it. I got nothing from them regarding the debt and payments, until the dca letter a few months later.

Apmcm

Looking at my file, the first debt in 2006 is now SB, 2nd will be SB in Nov 2013. The last one, not until 2014.. I guess I should get ready for the dreaded doorstep appearance. There's no way they won't send someone round in that length of time

Thanks for your help and merry Christmas.