2 default notices for same debt?

Ob1Toby

Hi all

I have a small forgotten credit card debt from years ago, which ive just been contacted about by a dca.

I issued a sar to the lender and dca

The results were that the credit card company issued 2 default notices ( which are not on my credit file) 1 in early 2019 and the other in late 2024

The last payment on the account was in early 2018

My questions are:-

Can a creditor issue 2 default notices? Surely, once its defaulted, its defaulted.

Is this account statute barred? Both the last payment and the expirey of the 1st default were both more than 6yrs ago

Does the fact that the default notice/s are not registered on my credit file have any bearing/effect on this?


Thanks for any replies in advance

fatbelly

Yes

Yes it's statute barred

Yes - it is correct that nothing appears on your credit file.

You can send them a statute barred letter, which also reminds them of their requirements under CONC 7. I thinl there is a template in the stickies on debt free wannabe

Nasqueron

Ob1Toby said:

Hi all

I have a small forgotten credit card debt from years ago, which ive just been contacted about by a dca.

I issued a sar to the lender and dca

The results were that the credit card company issued 2 default notices ( which are not on my credit file) 1 in early 2019 and the other in late 2024

The last payment on the account was in early 2018

My questions are:-

Can a creditor issue 2 default notices? Surely, once its defaulted, its defaulted.

Is this account statute barred? Both the last payment and the expirey of the 1st default were both more than 6yrs ago

Does the fact that the default notice/s are not registered on my credit file have any bearing/effect on this?


Thanks for any replies in advance

The process normally is that the bank defaults on date x, then sells the debt and marks the account as closed/settled and the debt collectors register a default which must be the original default date, but in their name.

A debt defaulted and last paid in 2018 would not only be statute barred but cannot be reported as live with a new date i.e. resetting the clock and you can complain if they have done that and it appeared again as live

Ob1Toby

Thank you for your reply

I found out today that the account hasn't been sold, but has been passed for collection. The dca has said that the credit card company "demanded" payment in late 2023, and because of that, it is not statute barred.

Ive never heard of "demanded" before. Does anyone know what this is and implications please?


Many thanks

Nasqueron

Ob1Toby said:

Thank you for your reply

I found out today that the account hasn't been sold, but has been passed for collection. The dca has said that the credit card company "demanded" payment in late 2023, and because of that, it is not statute barred.

Ive never heard of "demanded" before. Does anyone know what this is and implications please?


Many thanks

The DCA is lying, the clock is only reset if YOU acknowledge the debt, either by paying or confirming it e.g. in writing. Send them the statute barred letter (there is one on the forum or sites like Debt Camel)