2 defaults one debt

[audiobookman]

Thanks guys, i decided to get a report through noodle and as i was surprised to still be getting annual statements from halifax fleecers.

It shows the account being in arrears from June 09 (AA) but they failed to default until feb 2010 (df) then again in sept 2010 - 9 months then 16 months later??

Here the cracker its marked partially satisfied (PS) in july 2012.

So im going to assume that the debt was finally purchased by a bottom feeder although halifax is still the account name. The account is listed as with a £0 balance and SATISFIED. There is no more markers to this amount on my file.

Why is it then Halifax are still sending me statements if the account no longer exists from 2012?

Between march and present there are no entries other than the DF in sept 10 and PS in july 12. The account is in the closed account area.

[Dotty50]

The last I heard on my Halifax was from Nelson Guest in Oct 2010.

 

It hasn't been on my Noddle file for some time but I never check Equifax or Experien so can't refer to those two.

 

Double check your closed accounts because the OC will close them but the new owners will re-register it. A couple of mine have and I only recognised them from the balance quoted.

 

I believe that if a default is registered incorrectly, you can try and get it removed/amended. It's naughty that they do this because of it extending the time it stays on your file!

 

Personally, I am more interested in getting to SB and will worry about any delayed defaults being registered after that.

[audiobookman]

na its defo not been restarted, so having 2 defaults is incorrect? the only other accounts dead or alive are ones that are in good standing only this one is affecting my credit rating now

 

 

you can see that the point of cause was june, they told me they had defaulted me in sept 09 but they didn't until feb 10 then again sept 10.

 

Do you think i have cause to complain? and hopefully get them removed?

[audiobookman]

Hi guys and gals

 

Ive got a problem with noodle, i have a default notice put on my file 5 or 6 months after the notice back in 2009-10 then they put another default notice in sept 10.

 

here is the thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?196210-Halifax-cc-cca&p=4703400&viewfull=1#post4703400

 

sorry admin if this a problem but i thought i would highlight it in this room as it is specific to credit ref agencys

is this grounds to have the markers removed, i was sure they could only default you once.

many thanks

[dx100uk]

as long as the original default date has not changed it is not harming you

 

 

dx

[audiobookman]

the file wont fall off until jan 2016?,

 

 

or will it be sept 2016 because of the second default?

 

The original default notice i got was back in sept 2009 so halifax waiting until jan is acceptable?

 

thanks

[dx100uk]

it goes on the defaulted date in the debt summary line

nothing to do with any monthly 'markers'

[audiobookman]

hi guys

 

well im sure im now sb, but there is an issue.

 

My last payment to halifax was in may 2009 after they failed to issue cca.

 

I didnt pay in june.

 

BUT they took payment direct from my current account in july,

just while the account was in limbo during its transferre.

 

Could i argue that the debt is now sb or would i have to wait until july

when they effectively stole from my current account for the clock to count down?.

cheers

[dx100uk]

you mean by the offset rule and not informing you?

 

 

dx

[audiobookman]

what is that ive never heard of that?

 

They decided to take payment direct from my account without my authority after the first missed payment,

i had already set the ball in motion to move my account over to natwest so hadn't used that account,

 

 

i was waiting for my funds / direct debits to transfer over, the halifax took the payment then closed the band account.

 

 

I was only paying them beforehand via direct bank transfer and never set up a direct debit with em.

 

i realised what they had done at the time but did not feel inclined to chase as i was away from that bank.

thanks

 

i just looked up the rule, thats excatly what they have done.

BUT the account was already 2 months or so in dispute at the time so im not sure how they legally could have done that.

 

as they took the payment without my express authority i take it i am sb now as they took payment under shady if not illegal manor

[dx100uk]

no they are allowed as any creditor is to taken funds from any account withing their grasp

under your name, its called offsetting rule.

 

however

it does not reset the SB clock.

 

that would start ticking the first month after your first 'due' payment missed

or written and signed letter by you 'ack'in' the debt.

 

dx

[Dotty50]

If you last paid in May 09, then yes it should be SB this month, depending on the date you paid.

 

However I think that the payment they nicked 'lawfully' would extend the SB period to August.

 

Let's see what others think.

[audiobookman]

Thanks guys this is interesting, two different views,

 

my take is that for a account to be statute barred

then i would have to have acknowledged the account within the 6 years of the final payment, be it via letter or payment.

 

BUT under the offset ruling a bank account can take funds without permission under law.

 

 

So if you had a savings account with the bank and get to 5 years 11 months

- under what dotty50 says they could take payment and effectively reset the clock.

 

I dont think that would be fair or just as the account holder has not acknowledged the account,

 

 

so i tend to sway towards thinking it would not reset the clock.

 

 

Im just amazed that accounts under legal dispute can be collected on in this way.

[dx100uk]

off setting does not reset the SB clock.

 

 

only payment instigated by/from the account holder or a signed letter

directly acking the debt.

 

 

dx