Can a 2nd default be added years later/how do you prove a default was added previously?

NewUser1972

I had a credit card debt default in 2006 and it was passed to a debt collection company (HFO....Rutherford.....Roxburghe....Link Financial now). I paid quite a chunk of it off over about 7 years and then I stopped in 2013.  Nothing happened....they didn't chase me, I didn't call them.  Then in 2020 I started to get emails from Link Financial chasing for the same, I emailed them back and asked them to prove they owned the debt and prove that it was my debt etc. (I know by now its statute barred as I had not and have not since then acknowledged it in any way).  Its now 10 years since I paid anyone anything on this debt.  (Please don't hit me with moral arguments about my owing it and I should pay it blah blah - I know all that).  My question is can a default be registered again on this debt? My understanding is that technically it cannot because there has already been one but if they were to register a default how would I prove that there has already been one registered in order to have it removed by the CRA's etc?  Its long since vanished and I doubt the CRA's keep records offline as far back as 17 years either.  I know a statute barred debt can not be taken to court but can a default be registered against a statute barred debt? If not then this is the answer. If it can then I will always be watching my back in case a default is registered and being unable to provide its a second one on the same debt.. 

Any experiences/feedback? (on my question, not my obligation to repay - as I say - I know that)

MorningcoffeeIV

NewUser1972 said:

 I know a statute barred debt can not be taken to court but can a default be registered against a statute barred debt? 

No.

The evidence is that you haven't made any payments in the last 6 years. It would be up to the other party to prove it's not statute barred.

sourcrates

A debt can only default once.

As stated above, if you tell them the debt is statute barred, then they must prove it isn`t.

You don`t have to prove anything.

There is a lot of current activity on old debts as a change in the law comes into force end of July which means they won`t be able to chase them any longer. 

NewUser1972

Thanks. I hadn't heard about this change in the law.  Is there a link you know of so I can understand it (or maybe if its straightforward you could explain it?)

Thanks 

sourcrates

The details won`t be available until August 1st, but its all in regard to the collection activity on statute barred debts, from that date they won`t be able to pursue them any longer, when its clear they are statute barred, hence all the activity currently.