Patricia Pearl - Small Claims Procedure - A Practical Guide

An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

  • Have you been defaulted twice for the same debt?

    Duplicate defaults for the same debt seem to be a common occurence. Typically, a creditor will register a default for a debt - even a bank charges debt. At some point they sell the debt on and the first thing that the new creditor does it to llodge another default.
    We beleive that this is unfair and ir probably not permitted.
    Double defaulting is a type of double jeopardy. Furthermore, the frist default lasts for 6 yearsicon. The second default will last for a further 6 years. Given that there will be some overlap between the two, it means that at some pint there will actually be two simultaneous defaults registered agsint the same debtor and when the first expires, the second one will continue for its 6 year term.
    This means that a default could be in place for 8 or nine years or longer!
    We have even seen one or two cases where the debt has been sold on again resulting in a third default which means that a negative entry in respect of the same debt has been in place on the credit register for anything up to 14 years or so. Has this happened to you? Wouldn't you like to try and tackle it?
    Come and tell us about it. No promises, but maybe something can be done.

    Tell us about it here
    Comments 7 Comments
    1. huggys boss's Avatar
      Just looking through our files and one of them shows Vanquis as a default in May 2008 and as settled in June 2008, on the next page Cabot shows the same account as defaulted in June 2008. Is this the type of thing I should be looking for?

    1. harrassed senior's Avatar
      I have a CCJ and 6 months' later a further entry for the exact same debt from a DCA to whom it was sold, no-one chasing the CCJ but the DCA has just reared up again, so playing a cagey game at the moment as the CCJ only has 18 months to run and it have never been chased!

    1. andrew1's Avatar
      The original Creditor in Huggys case above will have shown the default and show it settled when they sold the debt to Cabot as it has effectively been paid. When Cabot then take it on they issue a default in their own name, but the Original Creditor should have removed the default and you need to go back to them and request its removal. They in turn will advise the Credit Reference Agency, As the leader says, this is a common occurance and to the unwitting debtor who doesn't check things out regularly, this becomes a heavy burdon if they try to get credit elsewhere . Anyone who suffers as a result of a default wrongly applied can look to the Richard Durkin v DGS/Natwest case which although the last I heard was going to appeal actually sets a good precedent as a route to being compensated for these wrongful acts.

    1. devsen's Avatar
      Pipex tried to charge for a service they did not provide when I decided to leave them after much wrangling they "wrote" off the debt. This was about 3 years ago and then this year they (as part of TalkTalk) sold a lot of their "debts" top a DCA called Fresrickson who then tried to get this money off me. I got my solicitor to write a letter to them and they seem to have gone off at least for now. Pipex/TalkTalk do engage in some very shady practices. Needless to say I am now with an ISP called Zen

    1. Maddiesdaddy's Avatar
      HI, this hasppened to me with natwest in 2003, i defaulted on my credit card and load at the same time recieved defaults for both in march 2003 althought i have now lost the paperwork, my credit card default fell off in march 2009 but my load default is on until december 2011 as natwest re applied the default when the loan got passed to their collection department

    1. wittsend's Avatar
      my cc account with Barclaycard was defaulted and the default recorded with the CRA s in 2002
      they have recorded another default in 2010 under Barclaycard, for the same account but have not sold the debt
      just passed it to credit solutions for some reason

    1. pam56's Avatar
      I always thought that the debtor had to have a default sent to them? I had a letter from private investigator Tower who said I had to contact Global. I didn't tho lol. So if they didn't know where I lived until last week how can they put adefault on me???

  • Currently Active CaggersCurrently Active Caggers

    There are currently 4227 visitors online. 140 registered Caggers and 4087 guests

    Most Caggers ever online was 7,848, 23rd April 2012 at 14:44.

    1. armyandnavy
    2. zumbanikki
    3. ROMULUS120
    4. joe 13
    5. LOUC
    6. carly123
    7. bitemarx
    8. id6052
    9. DBC
    10. Startkey&Clutch
    11. stuwebb
    12. Leakie
    13. DonkeyB
    14. Chelsea Blue
    15. Madamfluff
    16. suvin50
    17. Jmulv
    18. barns66
    19. dx100uk
    20. UB41
    21. labrat
    22. oleg
    23. sameagle
    24. SURFBOY
    25. goodatresearch
    26. mmfhater
    27. Makayla
    28. mch1991
    29. Zan1999
    30. kazzor3912
    31. mariner51
    32. stu007
    33. trish48
    34. Emmzzi
    35. skitszo1
    36. gunner-highway
    37. Ell-enn
    38. Shoelover
    39. brewgriff
    41. ashlea22
    42. fletch70
    43. Mr Thoma5
    44. Fuzzgin
    45. CraigMcK
    46. Jam_Buttie
    47. Helplessconsumer
    48. sadone
    49. G4C389
    50. dacouc
    51. gordieglqasg
    52. y1234
    53. mikeymack2002
    54. pcombo
    55. firstship
    56. bluebear1872
    57. tomtubby
    58. nosnibor
    59. josephbloggs
    60. vengeancedemon
    61. edge_of_the_map
    62. SiennaLaw
    63. lanesra14
    64. Migster
    65. zohar
    66. kabukiman
    67. rds60h
    68. LaurynM
    69. morteee
    70. Lewt
    71. absconditus
    72. BornThisWay
    73. reverof
    74. brassnecked
    75. crem
    76. xcallyx
    77. Jessie21
    78. new-me2010
    79. skybluechic
    80. citizenkain
    81. johnmaddison
    82. belfast4
    83. CrappoMan
    84. Raykay
    85. pauls33
    86. Will Silver
    87. caro
    88. DD maker
    89. casio123
    90. woodmio
    91. MollyO
    92. sequenci
    93. kk3852
    94. BankFodder
    95. Shery
    96. Loadedok
    97. Teck
    98. mercyblue
    99. jessicaa
    100. colin11
    101. kaz70
    102. sillygirl1
    103. Conniff
    104. bjoh69
    105. Nystagmite
    106. junebug
    107. Lilly_Monroe
    108. fkofilee
    109. Aviva Support
    110. ims21
    111. lettie33
    112. **Margaret**
    113. 2ltr16valve
    114. jackieandwayne
    115. voyager1
    116. KT-89
    117. divadeb
    118. rebel11
    119. jungalee
    120. not-a-number
    121. MajorMoaner
    122. antone
    123. boomboomboom
    124. hightail
    125. up2meears
    126. Duffers Mum
    127. AfterMidnight
    128. lfb_uk
    129. TSx
    130. dfh101
    131. j3lly
    132. armadillo71
    133. green_and_mean
    134. odetter
    135. becky2585
    136. Owesnowtbutbeingannoyed
    137. nohope
    138. sharburrys
    139. reallymadwoman
    140. Bandit127

Viewing CAG on a small screen? Switch to the mobile version of the site

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE