Two defaults for the same debt?

Stabilo_Boss

They have now gone from my credit reports to it is not so much of an issue to me now but out of curiosity and to help others on here I have a question:

Years ago I got a default for a CC and they sold the debt to HFO who in turn also registered a default when they took the debt on.

My first question is - I know you cannot get two CCJ's for the same debt but can you get two Defaults for the same debt?

What about if you are defaulted by the CC company and they sell the debt to say, HFO, with whom you make another agreement and you fail to stick to this - can they default you then? (I ask this because they did threaten me with this once)

Finally - can a company to whom you have paid nothing on a debt whack you with a default or CCJ some years later? (less than the statute barred period for example).

Thank you!

Tixy

You should not have 2 defaults for the same debt. When a debt is sold either the default and account entry is in the original creditors name, or they remove their entry and the debt collector put on an entry in their name but with the same original default date.

The only time this can apparently differ is if the creditor mark their entry as debt assigned - in which case both can show as it should be clear it in only 1 default. Still the DCA has to use the same default date.

Finally - can a company to whom you have paid nothing on a debt whack you with a default or CCJ some years later? (less than the statute barred period for example).

A default should normally be entered within 6months of you ceasing payments. If a creditor/debt collector adds one with a much later date then you could complain to get it backdated.

If its a debt that wasn't previously on a particular credit file then a default could be added late by should be backdated to when you actually did default.

A CCJ - would be entered when a judgement was made. This could be after several years of not paying.

Stabilo_Boss

The only time this can apparently differ is if the creditor mark their entry as debt assigned - in which case both can show as it should be clear it in only 1 default. Still the DCA has to use the same default date.

Thanks, that might explain the confusing conversation I had with HFO
when I was adamant I had two defaults on my file (one with the cc and one with them) as I could see two but they were insisting only 1 default was valid. Needless to say as I was dealing with HFO and they will spout all sorts of nonsence with great confidence in order to sound like they are telling the truth - I didnt believe them. In the end I decided if I had one I might as well have 20 for the damage they did to my rating so I left them

sirwiggum

Lloyds TSB combined an overdraft and a loan account I had into a single collections account with default.

However, it still showed as 2 separate accounts on file, with defaults - albeit with the same default date.
I had to chase one up to get it closed when all was paid (although it had minimal affect on my rating as the default was still there).