Default Date - Can the original date be updated? 26 July 2018 at 12:27PM edited 30 November -1 at 1:00AM in Credit File & Ratings 7 replies 965 views

SlickSpartan

Hi,

Without going into detail, I have debt with lending stream going back to 2010. I defaulted on the account in November 2012, therefore should have the default removed November this year (as it would have been 6 years).

They've sold the debt on however to PRA Group and they have recently sent me a default letter for this debt. I have checked my noddle report (as this is the the only report showing this debt) and I have been given another default marker for this month.

Is this right? and should i of been given another one?

The date of default is still showing as November 2012, so should I still go by this date or will the default now restart. Please note that I have never acknowledged this debt with either agency

Any advise would be greatly appreciated

CakeCrusader

This does seem right, but they should drop off 6 years after the first default.

[Deleted User]

It will go by the date of the default (Nov. 2012)

Though now that it is with a collection agency they may pursue a CCJ which will reset the clock again

SlickSpartan

Thanks guys, will they have to give me notice before pursing a CCJ or will the first I know about it be in the form of a CCJ?

Also if I settle the debt now will it still disappear in November or will that restart the clock? Not sure if me acknowledging it now will make things worse

nic_c

The default date should stay the same, the creditor name will change. You have received a Notice of Assignment. You will probably get a few more letters, one will give you 30 days to respond (under Pre-action Protocol, they call it Letter of Claim, Letter before Claim etc) after that they can request a court summons (county court claim form).

If the debt is settle, it will drop off. Even if it got as far as CCJ as long as its paid within 30 days of the CCJ it will come off. Of course if it gets as far as claims or CCJ the cost will have risen.

If you are wanting to settle then you could negotiate for a discount (which will be marked as partially satisfied until it drops off in November).

glentoran99

!!! wrote: »

It will go by the date of the default (Nov. 2012)

Though now that it is with a collection agency they may pursue a CCJ which will reset the clock again

A post the will unfairly worry the OP, it is no more likely that a collection agency will pursue a CCJ than the original creditor, and if you are paying them its even more unlikely

[Deleted User]

It!!!8217;s not unfairly worrying.
It!!!8217;s being truthful.

They!!!8217;re not being paid as already stated by OP that they!!!8217;ve not acknowledged it

nic_c

glentoran99 wrote: »

A post the will unfairly worry the OP, it is no more likely that a collection agency will pursue a CCJ than the original creditor, and if you are paying them its even more unlikely

I disagree, the original creditor will sell off debts they have been unsuccessful at recovering rather than incurring further costs for CCJ. The DCA will often factor in legal action when purchasing debts. They are more likely because the debts they get will be older and will go for a CCJ in the aim of collecting on the debt or extending the timescale to collect.