What to do about old default

SuperSonicDog

I got into a pickle a few years ago with a NatWest credit card, basically we had no money and were living off cards for food and bills etc. This card defaulted Aug 2020. It’s now dropped off my credit file. I’ve worked hard since to pull things round and my credit file has never looked better.  

Cabot now seem to have bought the debt £1995. So my question is what to do? Can they still pursue it after so long? Can it go back on my file now it’s with them? I could get the money if I had to to pay it, should I offer a settlement? Obviously it’s my debt so if I have to pay it I’ll just have to 🙈 but any advice? Thank you 😀

Carrot007

After 5 months (look at what you typed), of course.

Should you have meant 2010 then possibly depending on the 6 year thing. Which have nothing to do with the 6 years droppping of your report thing. Just 6 years from when you acknowledged or paid the debt.

So need more info to say.

SuperSonicDog

Apologies, defaulted 2014, dropped off 2020

Carrot007

SuperSonicDog said:

Apologies, defaulted 2014, dropped off 2020

Fair enough, but as I mentioned it dropping off your credit report has no reflection as to wheather it is enforacble.

Ask your self the questions I mentioned.

1. When did you last pay anything towards it?

Under 6 years, yes it is enforcable.

2. When did you last acknowledge it?

Under 6 years, yes it is enforcable. More complex since there is no payment but for instance telling them you cannot afford to pay currently would count.

That is all you need to think about.

Fighter1986

As above, and to answer your final questions, no, it cannot be re-added to your credit file.

The only time anything related to this debt would re-appear on your credit file is if Cabot obtained a CCJ against you, which you didn't defend, and didn't pay within 30 days.

born_again

Fighter1986 said:

The only time anything related to this debt would re-appear on your credit file is if Cabot obtained a CCJ against you, which you didn't defend, and didn't pay within 30 days.

Could they do that if it is passed the 6 year statute-barred limit?

finalfantasist

born_again said:

Fighter1986 said:

The only time anything related to this debt would re-appear on your credit file is if Cabot obtained a CCJ against you, which you didn't defend, and didn't pay within 30 days.

Could they do that if it is passed the 6 year statute-barred limit?

If they get a default judgement, yes.

Fighter1986

born_again said:

Fighter1986 said:

The only time anything related to this debt would re-appear on your credit file is if Cabot obtained a CCJ against you, which you didn't defend, and didn't pay within 30 days.

Could they do that if it is passed the 6 year statute-barred limit?

If you haven't made payment to the account in the last six years then it is statute barred, and as long as you argue in response to their application to the court that the debt is statute barred, the court will be obliged to find in your favour and refuse the claimant their CCJ.

The six year statute barred timer commences from the last time you made payment towards the account or otherwise "accepted liability" for it. 

born_again

Fighter1986 said:

born_again said:

Fighter1986 said:

The only time anything related to this debt would re-appear on your credit file is if Cabot obtained a CCJ against you, which you didn't defend, and didn't pay within 30 days.

Could they do that if it is passed the 6 year statute-barred limit?

If you haven't made payment to the account in the last six years then it is statute barred, and as long as you argue in response to their application to the court that the debt is statute barred, the court will be obliged to find in your favour and refuse the claimant their CCJ.

The six year statute barred timer commences from the last time you made payment towards the account or otherwise "accepted liability" for it. 

Thanks. I would have thought that it would be thrown out due to being statute barred by default.
Live & learn

Carrot007

born_again said:

Fighter1986 said:

born_again said:

Fighter1986 said:

The only time anything related to this debt would re-appear on your credit file is if Cabot obtained a CCJ against you, which you didn't defend, and didn't pay within 30 days.

Could they do that if it is passed the 6 year statute-barred limit?

If you haven't made payment to the account in the last six years then it is statute barred, and as long as you argue in response to their application to the court that the debt is statute barred, the court will be obliged to find in your favour and refuse the claimant their CCJ.

The six year statute barred timer commences from the last time you made payment towards the account or otherwise "accepted liability" for it. 

Thanks. I would have thought that it would be thrown out due to being statute barred by default.
Live & learn

How would they know unless someone said so. There is no national register of these things.

All court cases will get a default judgement if ignored.

You can argue they should at times do more to find the person if they have moved, since the credit agnecies seem to be able to link it enough to impact people after (although maybe 99% are never linked, who knows!). But other than that how could it be any other way?

Fighter1986

born_again said:

Fighter1986 said:

born_again said:

Fighter1986 said:

The only time anything related to this debt would re-appear on your credit file is if Cabot obtained a CCJ against you, which you didn't defend, and didn't pay within 30 days.

Could they do that if it is passed the 6 year statute-barred limit?

If you haven't made payment to the account in the last six years then it is statute barred, and as long as you argue in response to their application to the court that the debt is statute barred, the court will be obliged to find in your favour and refuse the claimant their CCJ.

The six year statute barred timer commences from the last time you made payment towards the account or otherwise "accepted liability" for it. 

Thanks. I would have thought that it would be thrown out due to being statute barred by default.
Live & learn

How would the court know the debt is statute barred if you don't tell them?

A claimant will tell the court sufficient facts to suggest to the court that they have a case, they are under no obligation to reveal everything unless asked to.

It is a defendants responsibility to present sufficient facts to suggest to the court that the case is inadmissable.