@askbankofscot Old overdraft Bank of Scotland Default Marker placed 7 years later after default

[angie4]

Hi

 

Wondered if anyone would have any advice regarding an old overdraft account that I had back in 2001,

 

I stopped using this account about 2003/2004 as registered with a new bank and completely forgot all about this account.

 

I checked my credit file and had noticed that in 2011 the Bank of Scotland registered 1 default against me for £849 and the default date is registered as 01/03/11 which is nearly 8 years later.

 

Then there was another entry from 1st Credit a DCA the following month for an amount of £850 for the same debt with the default date of 01/03/11.

Can they do this ???

 

this is having a severe effect on me obtaining a loan via the bank that I have been with since 2003/4.

 

I moved address in 2013 and since then 1st Credit have been chasing me advising they bought the Debt from the bank.

 

As this was for an overdraft I'm struggling to find any information on were I stand.

 

Today I sent a request to the bank for a breakdown of the account and a copy of the default notice that was seemly issued but i have never seen!!!!.

 

Any help or pointers on were to obtain some information regarding this would be so gratefully received....

Thanks

[Andyorch]

Hi angie4 and Welcome to CAG

 

I have moved your thread to the appropriate forum.

 

Regards

 

Andy

[angie4]

Thanks Andy - apologies which one should I have placed this in ??.... thanks again

[Andyorch]

I have already placed it ...Halifax Bank of Scotland Forum:-)

[angie4]

Can an overdraft be Status Barred ???

 

Anyone got any advice ???

[Andyorch]

Plenty of Overdrafts claims/outcome in the Legal Success forum......

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

[angie4]

many thanks Andy

 

, I really appreciate your help,

apologies I'm not very good with any of this stuff and I'm now even more baffled at what I should do,

 

If the DCA have registered the default on my credit file is it them that I need to approach for copies of everything....

 

I have sent a request to BOS for copies of the one that they submitted for 1 month ???......

[Andyorch]

Only the original creditor can place the default marker and date...this is normally marked 3 months after the breach...a DCA can only change the name of the debt and update it...they cant change the date.

[angie4]

Thanks again Andy

 

, there is only 1 entry on my file from BOS and then it changes to DCA but the date of the default is the same

 

, funny thing is as I'm trying to remember all the circumstance of how the debt got to that amount and I think there is a lot of charges in there but I will hopefully be able to see this from the information that I have requested from BOS ie, breakdown of the account......

[Andyorch]

Whatever is revealed angie...you need to take it up with BoS and the ICO (Information Commissioners Office) no creditor should be placing a default marker nearly 8 years after the breach.

Say for argument sake they issued a court claim....the claim would/should be statute barred...but because they have failed to record the breach correctly...you could be prevented from pleading this.

[angie4]

Again I very much appreciate your help and advise Andy.... thanks

[angie4]

Hi Andy,

 

no reply from the bank, (chaser letter sent) but i did get an annual statement from the DCA which is now showing the date of assignment as 18/11/13, can they register the defaults from 01/03/11 if they were not the legal owner of the debt ???

 

Many thanks

Angie

[Andyorch]

No....and would assume from that information that BoS never defaulted you?

[angie4]

Thanks Andy , there was only 1 entry which was showing on my report from BOS which was then removed and the 1st credit took over, they have the default date on the CRA as 01/03/11. So if the assignment according to the DCA is 2 years later surely this cant be right ???? and if not what can i so about it ?? im still positive that the debt should have been status barred but because it was an overdraft im not sure of the process ???

 

Thanks

Angie

[Andyorch]

Overdrafts and limitations work the same way as normal debts....IE the cause of action or breach...except you dont get a default notice with a current account you should receive a Notice served under Sections 76(1) and 98(1) of the CCA1974...this is notice of termination and recall notice......normally allows 21 days....to either make payment or make proposal.

[angie4]

nope didnt receive any of them from memory ......

[angie4]

Who would I raise the SAR with ??

[Andyorch]

Thanks again Andy

 

, there is only 1 entry on my file from BOS and then it changes to DCA but the date of the default is the same

 

, funny thing is as I'm trying to remember all the circumstance of how the debt got to that amount and I think there is a lot of charges in there but I will hopefully be able to see this from the information that I have requested from BOS ie, breakdown of the account......

 

Who would I raise the SAR with ??

 

Thought you had already done it..as per above ?

 

Halifax/BoS

[Ford]

Thanks Andy , there was only 1 entry which was showing on my report from BOS which was then removed and the 1st credit took over, they have the default date on the CRA as 01/03/11. So if the assignment according to the DCA is 2 years later surely this cant be right ???? and if not what can i so about it ?? im still positive that the debt should have been status barred but because it was an overdraft im not sure of the process ???

 

Thanks

Angie

 

it seems it is as andy said; you said the bank defaulted it in 11. then sold it to 1st in 13. 1st have then put their name on it instead of the bank, the def date still being 03/11. a new owner cant update a default date, just put their name on it instead.