date of default.

kenchov1

Just wondering if anyone could advise on a few issuses I am having.

- I have a debt with Aktiv Kapital and the date of default has now passed and the debt is off my credit rating however they are saying that as I made a payment in 2010 then I have automatically extended the date of default and that I owe the money? Help please...

- If a debt has now been taken off my credit rating on All reference agencies can this be chased and pursued?

- I also have a logbook loan and I have become behind on the payments. They are now telling me that I have to pay double my weekly payments and that I have no other choice. Any advice would be apperciated with this. Can I send them some kind of letter detailing that I will make a small increase in payments and clear the rest at the end.

happy_bunny_2

The alleged 2010 payment will not reset the default date. If they do change it, complain, in writing. They will say anything...

If you haven't acknowledged the debt in writing or paid in 6 years, it's likely statute barred. Hence the potentially made up payment.

If statute barred, you should write stating this and let them prove it isn't.

For the loan, write, complaining they are trying to make you pay more than you can afford. Tell them what you can afford to pay.

If they reject a complaint, refer to the FOS.

HB

chanz4

If you did pay in 2010 it doesn't reset the default, but does sb. The log book loan nit different as its a secured loan.

kenchov1

Thanks for the help there guys. Dont want to sound thick or go over old ground but (And I cant remember if did) If the payment was made in 2010 can they still chase me for that debt or do I just send them a letter saying its no longer able to chase me for this?

If I turn to the loan company and say its the agreed monthly figure with say a £5 increase and they dont accept what can I do?

glentoran99

Yes they can still chase you for the debt

kenchov1

Ok thanks for that.

Any advice on the Car Logbook..

So if you pay after a default notice your are just resetting the date?

glentoran99

kenchov1 wrote: »

Ok thanks for that.

Any advice on the Car Logbook..

So if you pay after a default notice your are just resetting the date?

your confusing two things, Statute barring has nothing to do with a default, If you make a payment your not 'resetting' anything to do with the default, it will still drop off your report after 6 years, however just because its not on your report doesnt mean you dont owe it anymore, If you havent acknowledged the debt, or made payments in 6 years then they can no longer take action in the courts

As for the logbook loan, sorry nothing i can suggest havent read too much on secured debts

chanz4

they also own your car, so its secured suprised they have not repo it

Tixy

With the logbook loan you can propose an alternative repayment plan and see what they say, however the reality is that these type of companies usually are not particularly interested in negotiating, and if you don't pay in accordance with the original agreement and are in arrears they can and may well repossess the vehicle.

(if they do repossess the car then any remaining shortfall you need to repay they would have to take court action to force any particular monthly repayment).

kenchov1

Well the dont own it as I still have the logbook for the car. Which they never took off me

KirstyO

If its a loan secured against your car they can repossess it no matter what paperwork you have. If you are on a mortgage and have the deeds to a house the creditor can still repossess the house!