What happens after a default is removed?

[rspysp]

thanks again for your reply dont know what i would have done with out it....any wayi dont have no old data and i have never made any aknowdlegment of this debt another thing is that my origanal debt is to abbey national...who are now santandar so is it santandar i write too? and pay the £10 for the search of data...many thanks

[BRIGADIER2JCS]

thanks again for your reply dont know what i would have done with out it....any wayi dont have no old data and i have never made any aknowdlegment of this debt another thing is that my origanal debt is to abbey national...who are now santandar so is it santandar i write too? and pay the £10 for the search of data...many thanks

This must be your decision if you can really rely on the idea that

this six years + without any form of acknowledgment then send

my suggested letter it will no affect the status of the debt if you

uise that exact wording.

It would be my choice at this point because this is old AL account.

 

Brig.

[rspysp]

This must be your decision if you can really rely on the idea that

this six years + without any form of acknowledgment then send

my suggested letter it will no affect the status of the debt if you

uise that exact wording.

It would be my choice at this point because this is old AL account.

 

Brig.

thanks again for the reply.....take you mean the with out prediuce letter?...ok i will do with you exact wording.

[BRIGADIER2JCS]

thanks again for the reply.....take you mean the with out prediuce letter?...ok i will do with you exact wording.

Please don't use the wording ''without prejudice'' it can cause problems.

[dc240969]

l have a defaulted account removed from my credit file after 6 years but l am still paying for it. l have found out that the account has been sold on to another company, can l still be persued for the outstanding balance by this new company.

[BRIGADIER2JCS]

l have a defaulted account removed from my credit file after 6 years but l am still paying for it. l have found out that the account has been sold on to another company, can l still be persued for the outstanding balance by this new company.

 

Defaults are removed atfter 6 years paid or not.

If you have been paying the debt is not statute

barred and can be sold assigned at anytime. just

cannot be defaulted again.

[dc240969]

This was origianly sold, or dealt with, by Blair Oliver and Scott. l was paying an amount every month. It was then sold or passed on to another company , BSL. l tried to make payments at the BOS as usual but they wouldnt take the payment as per normal, so l stopped paying. BSL started sending letters to the effect that payments where missed and behind. l called them on a few occasion to explain the situation, these calls would become very heated. In fact my wife has had to call and on that occasion it really got her angry. l asked, and my wife asked, for a method of payment. We did recieve a payment book from BOS ?? However we also received a letter from BSL to the effect that they said that due to lack of contact we have no intention of paying the debt. They say that they will commence legal action. Going for a Decree. l will be sending them a reply to their letter today and making a phone call to them as requested. My question to this is can they enforce legal action. This debit is from 2003 and was mutually agreeable to be paid as it was until the debit being transfered to other parties.

[credit_geeks]

Hi costs differ but see below, just google the company names.

 

One Off Reports:

£2 from each one (statutory credit report), which is your legal right to access.

 

I bought one from Experian, as a one off which included a credit score for £14.99 for my wife recently, although, credit scores from CRA's, count for little, in terms of indicators for credit application success, they are quite small, but as a quick health check, can be handy as a one off.

 

Pay Monthly:

Credit Expert (Experian) - £14.99 per month

Equifax - £6.99 per month.

Callcredit - £12 per 3 months

[dc240969]

l recieved a payment book from BOS for the above BLS issue after hounding BLS. l also received a letter from BOS telling me that they have passed this over to their solicitors. Whats going on here. Can they do this, its been defaulted already. It hasnt been my fault l couldnt make a payment to them and its been BOS fault for causing this problem.

[dc240969]

Advice really needed

[BRIGADIER2JCS]

Seems to me BOS have a communication problem between departments, just make your payments using the book provided, and if solicitors contact you tell them you are paying.

[Octavius]

Hello All,

This is my first post but I've read for a long while. I have one specific question that I really hope someone can answer as accurately as possible! It was difficult to find the right place to post this but this discussion became a little bit about statute barred so here goes:

 

I understand that items become statute barred and therefore removed from credit records after 6years of last payment by the debtor or (this is where the problem is) 'the last time the debt was aknowledged'. Question is: does this mean just the last time the debt was aknowledged by YOU (as THE DEBTOR) or by either party (ie including the party to which you owe the debt)?

In other words if the creditor sends you a statement every 6months (as mine does) stating that the debt is still outstanding but I haven't paid or aknowledged for a couple of years then is the clock already running on the 6years or does it 're-set' everytime the creditor aknowledges the debt?

 

Does that make sense, hope so!

 

I'm really frustrated because I don't know when to count from.

 

Any help would be hugely appreciated, and great respect to you all for this marvellous endeavour tat is the CAG!

 

Octavius

[BRIGADIER2JCS]

Statute Barred and Acknowledgements/Payments- Removal FromCRA File./Default Entries.All

1.All Defaulted Entries are removed on the sith anniversary of the default date PAID OR NOT.

2. An Enrty beining removed from files DOES NOT always mean a debt is statute barred (see 1 above).

3.For a debt to become statute barred there must have been no explicit admission of liability made in writting

in 6 clear years (this is NOT the same as the default date, which may be upto 6 month after the cause of actio.

4. The cause of action is usually assumed to be the date that a payment was due and not paid after which NO

other payment was ever made.

5. An acknowledgment of a debt as stated in the OFT Guidance is made when the debtor makes ANY payment

to the debt and or admitting in writting that the obligation subsists ( liability acknowledged). telephone calls DO NOT COUNT.

6.If a debt becomes statute barred during the 6 year life of a default entry on credit files the entry WILL remain on file for

the remainder of the 6 year default period.

7. A default date cannot be changed there must br only 1 entry for each default. (some DCAs have be known to claim that they can restart the 6 year clock

from the date they aquired the debt THEY CANNOT DO THIS.

8. Paying a defaulted debt after the default has been registered with the CRAs will NOT result in the removal of the entry it will be marked ''Satisfied''.

9. CONTACT under the meaning of the OFT Guidance: A creditor writting/phoning chasing payment is no considered contact nor is the supply of statement

so this has no effect on the statute barred 6 year run.

10. if a creditor/DCA has been in MUTUAL (two way) contact with the debtor on a regualr basis in the six years it is in not considered unfair to press for payment and enforce the debt.

11. OFT Guidance 2003/2011 states '' That they consider it unfair to press for payment of a statute barred debt ONCE THE DEBTOR HAS INFORMED THE CREDITOR IN WRITTING THAT THE DEBT IS STATUTE BARRED AND THEY WILL NOT BE PAYING, continuing to press for payment could amount to harassment.

 

All bases covered I hope.

[Octavius]

Well Thank you sincerely Brigadeer. Wow, such a fast response!

Yes indeed you covered all bases and I think pretty much answered my question in the process. Previously all I read about was the debt being 'aknowledged' but never read by whom, just the debtor or the creditor aswell, it was a bit ambiguous. Anyway, I think you answered so that'll do for me until there are any further developments (which I hope there aren't for the next few years)!

 

Incidentally the debt is probably 90% penalty charges from Santander anyway!

 

Thanks again, Octavius.

[BRIGADIER2JCS]

There is another relevant section of the ICO Technical Giudance on defaults that may be of use.

 

'' If a default sum is made up of charges without which the account would NOT have been defaulted

no default should be placed''.

[dc240969]

Seems to me BOS have a communication problem between departments, just make your payments using the book provided, and if solicitors contact you tell them you are paying.

Jusr received a letter from the solicitors. The require immediate payment or they are going for a decree, inhibition etc. l would like to know if they can do this to a 10 year old debt that has been defaulted already.

[BRIGADIER2JCS]

With a debt this old I think any judge would look favourably on action being started now give that you have been making regular payments indeed I think they would be foolish to do so..

[saffir69]

Hi all - I have the following issue. I got into debt issues around 2005 and entered into a Payment Arrangement with my creditors in January 2006. I have not missed any of my agreed repayments. I checked my credit file and noticed that creditor number 1 had defaulted me on my loan in 2007 and creditor number 2 in 2010 for my loan and credit card. I complained via the Financial Ombudsman that the defaults were unfair in that the defaults should have been applied in 2006. Creditor number 1 agreed and back-dated the default to 2006 and have deleted my credit file. Creditor number 2 (part of the same group as creditor number 1) has agreed to remove the defaults but they are saying that they must continue reporting my Payment Arrangement. I believe this is unfair - surely, if they have agreed to remove the defaults on the basis that they should have been applied in 2006, the credit file should be deleted? Any help would be greatly appreciated! Many thanks.

[BRIGADIER2JCS]

The Creditor has to report the accurate and up to date conduct of the account so if there is an arrangement to pay in place it is not unfair to report the fact, there

is no obligation to delete that entry nor would it be proper to do so as it would not then reflect the true conduct of the account.

 

The removal of the defaults is not relevant here.

[saffir69]

The Creditor has to report the accurate and up to date conduct of the account so if there is an arrangement to pay in place it is not unfair to report the fact, there

is no obligation to delete that entry nor would it be proper to do so as it would not then reflect the true conduct of the account.

 

The removal of the defaults is not relevant here.

 

Thanks Brigadier. With respect, in this case, I believe the removal of the default is directly relevant to my case. The point is that the bank has accepted that I should have been defaulted in 2006, not 2010. Furthermore, their other division back-dated their default which meant that the default and all account information fell off my record. On the basis that the bank has accepted that the defaults should have been in 2006, I'm pushing for the account infromation to be deleted off my credit file.

[BRIGADIER2JCS]

I think that it will be the case here that the bank has agreed to and have acted on the removal of the defaults, the fact is the debt subsists and is payable under an arrangement that is an accurate and uptodate picture of the conduct of the account it would be hard to find any realistic challnge to the banks conduct here.

 

This would be a matter for the Information Commissioners Office to decide if the creditor rejects your proposition.

[saffir69]

I think that it will be the case here that the bank has agreed to and have acted on the removal of the defaults, the fact is the debt subsists and is payable under an arrangement that is an accurate and uptodate picture of the conduct of the account it would be hard to find any realistic challnge to the banks conduct here.

 

This would be a matter for the Information Commissioners Office to decide if the creditor rejects your proposition.

 

Thanks Brigadier - that will be my next plan of attack - i.e. unfair processing of my personal data...

[BRIGADIER2JCS]

Good Luck.