Are my defaulted accounts statute barred?

paramount7force

Another thing i have just noticed is that the account held by mkdp which is now marked statuted barred was defaulted on my credit report on 8/7/2008.
Yet the account held by lowel which they are saying will probably not be statute barred was defaulted by the bank on my credit report on 19/6/2008.

Both companies receieved one payment from me on march 2014 on the exact same day.

what im not understanding is how can mkdp declare it as statute barred when there default date is actually after lowells yet lowell are claiming that because this is the bank default date even though the default date is before mkdps how can they be saying the account is not statute barred and mkdp have already marked it as statute barred??? Please advise i really need to know i believe i will have to take it to the ombudsman as lowell said it was unequivically not statute barred though i started a new complaints prosedure with them yesterday and they said they would look into weather the default date was put on too late by the bank then it may be SB. Any advice would be highly appreciated. Thank you.

thewhiteavenger

You can certainly use the FOS but they may consider this a matter for the courts to rule on. There is plenty of case law on your side so stop panicking, get on with your life and respond to a court claim if it ever comes, which it probably won't.

paramount7force

hi sorry whats FOS? financial ombudsman gotya.

National_Debtline

Morning.

To answer your question, the running of time DOES NOT go by the date of default on the credit file. It goes by the point in which the creditor can first sue for for the full outstanding balance according to the terms and conditions of the contract. If you have not already done so, you could ask for a copy of the terms and conditions.

Hope this helps!

David.

paramount7force

I understand david. Thank you

I must add that regardless of how you feel about debt collection agencies when i contacted mkdp about the fact that the debt held by them was statute barred they responded immediately saying approximately that they would look into the matter and the original creditor had been contacted. Within 4 weeks i received confirmation by post that the debt is infact statute barred. They acted i feel amazingly well to say the least and if i could commend them i would.

However i wont go into too much detail but lowell portfolio handled the matter extremely if not disturbingly and blindly incorrectly from after the first email i sent about the account being SB and throughout.

Once the matter has been resolved hopefully in a positive way i will write all the things they did wrong here and i hope to take action against them . I feel they have committed a sort of gross negligence from the start and throughout and at every point. I have it all in written and email form.

Thank you.

eyeopener2

I'm all for complaining and getting yourself in the strongest possible position but I would be very wary of taking on a court case where you are suing the dcas, especially Lowell. You poke that bear and it may come out snarling.

How you going to pay for a court case and what happens if you lose? Unless, of course, your just talking about a FOS complaint.

However, I would wait till you get confirmation of the SB from Lowell and just forget about it. Get on with your life and never get in this position again.

paramount7force

well eyeopener2 i wasnt thinking a court case. I was thinking more trading standards and the office of fair trading levying fines on them rather then me taking them to court for compensation or whatever. I will probably get advice onit from several places once the account has been SB'd which im quite sure it will be as the mkdp statute barred account and the lowell account were both held by HSBC and i defaulted on them within say weeks of eachother if not days. The way lowell have treated this case is unbelievable as i believe they are trying to act like a reputable company. After several things were handled incorrectly i made a phone call to lowell spoke to a gentleman he p'd me off so much with what he was saying that i rang back and asked for him and he had apparently been put into "training" after our conversation which was monitored. I believe this particular case could put them in a lot of trouble with several of the relative agencies as more then several things were handled incorrectly and i feel my health was even put in danger and dont mean just by the way they were talking to me. But i will go into it further once the account has hopefully been SB'd.

Any more comments would be highly appreciated.

eyeopener2

No that's fine, I was just worried you were going down the wrong avenue that's all.

sourcrates

paramount7force wrote: »

well eyeopener2 i wasnt thinking a court case. I was thinking more trading standards and the office of fair trading levying fines on them rather then me taking them to court for compensation or whatever. I will probably get advice onit from several places once the account has been SB'd which im quite sure it will be as the mkdp statute barred account and the lowell account were both held by HSBC and i defaulted on them within say weeks of eachother if not days. The way lowell have treated this case is unbelievable as i believe they are trying to act like a reputable company. After several things were handled incorrectly i made a phone call to lowell spoke to a gentleman he p'd me off so much with what he was saying that i rang back and asked for him and he had apparently been put into "training" after our conversation which was monitored. I believe this particular case could put them in a lot of trouble with several of the relative agencies as more then several things were handled incorrectly and i feel my health was even put in danger and dont mean just by the way they were talking to me. But i will go into it further once the account has hopefully been SB'd.

Any more comments would be highly appreciated.

You will find a lot of DCA`s operate in this manor, from your description above, 3 or 4 spring to mind straight away, I understand you wanting to get a little payback, but in reality, that's a lot harder than you may think, the OFT, now superseded, and TS don't always look at individual cases, if a number of people complain about a particular company, then yes, there may be an investigation, even the FOS wont get involved in DCA behaviour, only in the financial aspect, you can try, and you have my utmost support, but I fear nothing will come of it, at least not quickly.

eyeopener2

Yes, a bit of news for you.

All dcas, and their staff, are adept at lies, mis information, rule breaking, insulting behaviour, scare mongering, bullying and cheating.

Apart from that, they seem to be ok.