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.

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  • 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???

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