Help! So confused xx

fevlo · 2 August 2013 at 8:40AM

Janeyxox wrote: »

If we did write to them would this class as contact so they could effectively change the default date anyway? If that makes sense... Thank you for your help regarding this

Writing to them wouldnt make a difference to the default date.
As you have been paying them the debt is still 6 years min away from being SB

Janeyxox · 2 August 2013 at 8:40AM

That's great for you

however unfortunately I will not be doing the same. I also think these comments are not really related to my original posts.

ilovelondontown · 2 August 2013 at 8:45AM

Janeyxox wrote: »

That's great for you however unfortunately I will not be doing the same. I also think these comments are not really related to my original posts.

The trouble is the board is full of people who have been in your situation and are cutting back to the bare bones to pay it back and those who can't pay it back are in DMP. You're asking to find out how long you can avoid a debt before it drops off your husbands report.

That's not very moneysaving, rather money avoiding.

Janeyxox · 2 August 2013 at 8:45AM

Also thanks to Fevlo for giving me impartial advice on this matter. Really appreciated!!

Janeyxox · 2 August 2013 at 8:53AM

Point taken but everyone is entitled to deal with there situations as they choose whether you think it's right or wrong.

nicp60 · 2 August 2013 at 9:34AM

Hi Janey,
Other issues aside, the debt will be statute barred 6 years from the last time you acknowledged the debt, not necessarily from the default date. There are 2 issues here - when the debt will come off your husband's credit report, and when it will become statute barred so that it's no longer enforceable in court.

The debt will come off your husband's credit file 6 years from the date of the default on the file. (Check experian, noddle etc to see when this is, and keep an eye on it as DCAs sometimes change it)

It will become statute barred 6 years after the last time you acknowledged the debt.
Acknowledgement could be a payment from you, a letter about the debt you wrote, anything really. Make sure you're clear on when this was, as it's likely that the debt collectors will try to make out that this was more recent that it was!
Maybe dig out the old paperwork, or find out when the last payment (even if it's a token £1) was. If the DCA asks for a £1 payment for copies of the old paperwork don't send it, as they can apply this to the debt and use it as 'proof' that you have acknowledged it, which will start the 6 year clock over again.

There are quite a few threads this kind of situation - have a forum search and see.

Janeyxox · 2 August 2013 at 10:58AM

Hi Nicp60,

Yes I have checked the default dates with Experian back in 2012 and it was saying 21st August 2015, I also have a copy of this. Would this be good enough proof that if within 2 weeks of 21st August 2015 it hasnt dropped off that they have altered the default dates? We have had no contact or payments since then.

Thanks

nicp60 · 2 August 2013 at 11:01AM

Janeyxox wrote: »

Hi Nicp60,

Yes I have checked the default dates with Experian back in 2012 and it was saying 21st August 2015, I also have a copy of this. Would this be good enough proof that if within 2 weeks of 21st August 2015 it hasnt dropped off that they have altered the default dates? We have had no contact or payments since then.

Thanks

You'll need to check the actual file around that time and see if it shows the same default date (or has disappeared entirely).
Remember that doesn't mean that they couldn't still seek a CCJ for this debt, just that it's no longer on the credit file. It might not be statute barred by August 2015.

John1993_2 · 2 August 2013 at 11:56AM

Janeyxox wrote: »

Point taken but everyone is entitled to deal with there situations as they choose whether you think it's right or wrong.

Well no, not really, which is why we have courts. They are there to stop people just doing "as they choose", by enforcing the right behaviour when people want to renege on a debt, for example.

You aren't going to be able to just keeep saying "not paying" as it progresses through the system, and ten one day saying "too late". The debt colection company will be aware of what happens if they don't take action, which is why they are taking action. You'll ikely be fooind against (if it's a legitmate debt) in the courts long before you get near anything disappearing.

As above, I'd recommend paying it back.

[Deleted User] · 2 August 2013 at 12:17PM

if we could pay off our debts we wouldn't be on the debt-free wannabee forum! Sometimes life gives you an horrendous wedgie, and we deal with it the best way we can.