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Default explanation regarding the legal process

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Hi

From what I can see / understand a default notice on a credit report can only be wiped if

1) The 6 years are up

2) You can show it was a mistake 

I am correct regarding this ?

I ask as 2 weeks ago there was a default notice on my file / now it has gone 

I received a letter saying a company had brought this ( brought is very losely used )

The date of default on the note was 2021 - Again to my knowledge the notice should be there
Until 2027 even if the debt is paid or not paid 

Are the company trying it on ? 

Thank you 


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Comments

  • Nasqueron
    Nasqueron Posts: 10,646 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 31 July 2024 at 3:40PM
    It's quite likely that the debt collectors will register a new default (back dated to the same date in 2021) and the lender will mark the original as settled

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • Floppers
    Floppers Posts: 18 Forumite
    10 Posts
    Thank you 

    So if that is the case - Would the original company issue myself with a new credit line within such a short timeframe ?

    From my CR it ended 6 years on the 1st day of the month. But the default date I also believe to be wrong ( This would still be under 6 years now )
    So would the last 6 years and also the default date both just disappear off my report 

    I have never had any contact written email phone from the original company definitely regarding defaults or missed payments 


  • Floppers
    Floppers Posts: 18 Forumite
    10 Posts
    Apologies regarding a new line of credit I’m taking time wise - 14 days 

    It was there and two weeks later the account default and the last 6 years just vanished 




  • Floppers
    Floppers Posts: 18 Forumite
    10 Posts
    To add a little more context 

    The alleged debt was purchased 1 week before it was due to have been 6 years of history showing on the report 

    But the default date was still well within date so should be still showing ( one would believe )  obviously it’s not 

    Having look at the CR again it was updated the 2nd half of the month. The score went up the default went missing also the account isnt in settled or closed accounts ( which says that the 6 years is done and dusted ) 

    Now a new line of credit with the original company  -  something is amiss 

    (A) give credit 

    (B) defaults 

    (A) marks ( B ) as a default 

    (C) sends (B) a letter re (A) credit default (C) has brought it

    (B) asks (A) for new credit 

    (A) gives (B) more credit than maybe owed

    Within a calendar month 

    (C) Wont have CCA or addresses where (B) may well have been ( i believe that it has to have the correct address ) 
  • Nasqueron
    Nasqueron Posts: 10,646 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Floppers said:
    Thank you 

    So if that is the case - Would the original company issue myself with a new credit line within such a short timeframe ?

    From my CR it ended 6 years on the 1st day of the month. But the default date I also believe to be wrong ( This would still be under 6 years now )
    So would the last 6 years and also the default date both just disappear off my report 

    I have never had any contact written email phone from the original company definitely regarding defaults or missed payments 


    If you mean that you want to take credit out with a company you defaulted on - probably not but who knows. Regardless of whether the debt is settled as it's been sold on, the lender still lost money (debt buyers pay pennies in the pound) and they are allowed to hold a blacklist as long as they want, separate from their GDPR requirements. 

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • Floppers
    Floppers Posts: 18 Forumite
    10 Posts
    Hi thank you 

    Just finding it very wishy washy can’t seem to find a solid answer to my questions ( Not you obviously ) 

    If I was a company in this field I would make it as clear as mud. While kicking up pennies on the pound to certain websites 

    As for the default I’ll send a CCA as I know they won’t have one and at the address I was when I opened it. As it was last century 

    Default date is 100% wrong says that 8 payment were paid before (4) months of X them DDDD

    My actually gut feeling is the said company saw it was about to get written off ( I week before it dropped off ) Or were actually given it

    As it’s such a small amount ( 3 K )

    Which is why I’m confused about default date and it vanishing off my CR

    As the template letter I received with the new holders of my default account ( Was a poor photocopy ) legible yes but just looked off

    I’m sure I’m not the only person who has been in this situation ( Total credit 20k ) I owe 3% of that 

    So if I was to do nothing they can’t really do any damage to it ( again I’m no expert ) nor have been in this situation before and doubt ever again 

    Basically would just like to no the options and different results if this or that happened 

    No assets no savings ( finance is government based ) I’m legally classified as disabled 





  • Nasqueron
    Nasqueron Posts: 10,646 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Default date should be, but doesn't have to be, after 3 missed contractual payments (it might be worded slightly differently, someone gave me that advice before but I can't remember exactly). If you paid 8 then you missed 4, then they defaulted you, you could have asked them to backdate it a month but it's a bit late now

    If the debt is sold on, expect the new owner to register a default with the same date eventually.

    If your default was 2021 after 8 payments, how could the debt be last century, sorry I don't understand? It's highly likely they have the CCA for such a recent debt?

    The debt wouldn't be close to being written off, even if the lender was sure you wouldn't pay it they don't write it off that quickly, a default in 2021 can be chased until 2027, however, a sale of the debt after 3 years isn't weird, the lender gets say £300 for the £3000 debt and then the debt collectors then chase you, maybe get a CCJ etc

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • Floppers
    Floppers Posts: 18 Forumite
    10 Posts

    The account was opened last century 1996 - I’ve read again I don’t know but its the actual account date not the debt date regarding ( CCA ) less likely to have one - would guess the actual account doesn’t have one

    Yes im keeping a eye out on my CR for it being re registered - the reason I’ve not done anything 

    Just trying to get information 

    Much appreciated your help
  • Floppers
    Floppers Posts: 18 Forumite
    10 Posts
    As for a CCJ it would cost them say 1k to get one

    As my income isn’t remotely close to being able to pay more than the token £1 per month it would be money lost by them

    Basically throwing any profit away if they paid 10% for it

    But this is the reason I’m asking about information and why it’s all gone off my CR

    As unless the government had some payment scheme because of COVID regarding debts 

    It should be visible the default and 5 years of payment history ( if they’re going of a 6 year cycle ) 
  • sourcrates
    sourcrates Posts: 31,510 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 2 August 2024 at 3:00PM
    Let me get this right, you are concerned because a default has vanished from your credit report years before it should have done, is this correct?

    You say the debt was sold, its common for the old creditors entry to be removed on sale of a debt, the new owner may not yet be reporting it, they may or may not do so.

    Another reason it may not be showing is if the CRA has been informed of some dispute regarding the account, occasionally entries can be temporarily hidden from view whilst the matter is investigated.

    A third option is that sometimes these things just happen with no explanation whatsoever.

    I would not be too concerned, nor inclined to rock the boat, as things stand its all in your favour, why change that.

    This event will not be a factor in whether legal action is taken against you or not.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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