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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  1. #1
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    Default Which decides the 6 year Rule - Last Payment or Default issue?

    Going through some of my files, I am confused as the where the 6 years for statute barredicon and Credit files are counted from.

    I understand that no payments for 6 years means a debt is Statute barred as far as collection and pursuit are concerned, however,

    I have a couple of accounts where Default Notices were not issued, or, should I say recorded on my Credit Files until many months later, or in one case over a year after last payment.

    My Credit File says that the Defaults will stay on my File for 6 years from the date recorded.

    This therefore means, my debt will become statute barred in April 2010. However, because the default was not issued until 2006, my file will not be cleared of that account until 2012.

    I have a couple of accounts which were 'closed' a few years ago because the OC or DCAicon at the time accepted my very poor health. They were marked 'Satisfied', but one of these has resurfaced with a new DCA who is threatening to issue a Default, so, again that will re-start the clock ticking on my Credit File, when this 'closed' account would 'fall off' in May this year!!

    I have done the CCA thing and the alleged Agreements are not enforceable, although they are insisting they are and that they are therefore entitled to put a Default onto my File, which will start the clock running all over again. Apart from the obvious point of non enforceability, can this be done, or will I have to take then to Court to prove unenforeability and misuse of the system of reporting Defaults.

    I have read many files and cannot find a definitive answers as many people have differing points of view and understanding of the rules.

    Every journey begins with a single step

    Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

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    The only person entitled to your Personal Finance details is a Judge not a DCA

    Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

    Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.
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  2. #2
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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    the statute of limitationsicon start from the cause of action,
    that would be from the time you missed the last due repayment,
    also you have not acknowledged the debt in the last six years by letter or payment.

    its not from the date on the default notice but cause of action, ie, missed payment

    a DCAicon cant default an account, only the finance company,
    if an account has been sold to a dca without defaulting/terminating an account,
    poor dca


  3. #3
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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    So, If you pay a DCAicon and stop to request a CCA can they default you
    Or is that wrong?


  4. #4
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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    a DCAicon cant default you
    only the original creditor can,
    the dca just buys the account and update the credit file in there name
    they cant change the default date


  5. #5
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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    So a DCAicon cannot default you even when they have brought the debt


  6. #6
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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    a DCAicon can never default you or change the default date from the original creditor


  7. #7
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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    Quote Originally Posted by postggj View Post
    a DCAicon can never default you or change the default date from the original creditor
    It's true that it is not the DCA that registers the default with the CRAs, it is the OC. But if the DCA is an in house DCA, then they will register the default. They are only a DCA in name and actually are often staffed by OC staff, but the debtor will mistakenly assume that the default has been registered by the DCA


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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    mb

    have you ever come across a default say from blair, oliver, and scot not HBOSicon

    or debitas for cap 1

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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    Default issue.

    That's where they get their Tax back.

    HOIST BY THEIR OWN PETARD.

    Blimey it works....
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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    Harrassed, let them threaten, they can't default you twice on the same account anyway, whether it's a DCAicon or OC.

    Regards.


  11. #11
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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    Thanks for that - I am still fighting cabot who have definitely put a fresh default on my file because the OC put one on and cabot as well so I have 2 different defaults showing the same debt twice. Telling me it is legal!!

    Every journey begins with a single step

    Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

    If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You


    The only person entitled to your Personal Finance details is a Judge not a DCA

    Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

    Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.
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  12. #12
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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    Harrassed reading this link maybe of help to you:-
    D R A F T

    Regards.


  13. #13
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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    Quote Originally Posted by postggj View Post
    the statute of limitations start from the cause of action,
    that would be from the time you missed the last due repayment,
    also you have not acknowledged the debt in the last six years by letter or payment.

    its not from the date on the default notice but cause of action, ie, missed payment

    a DCAicon cant default an account, only the finance company,
    if an account has been sold to a dca without defaulting/terminating an account,
    poor dca
    Just to clarify, a letter disputing the debt would not count as acknowledging the debt with regards to the statute barredicon issue, would it?


  14. #14
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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    [quote=harrassed

    My Credit File says that the Defaults will stay on my File for 6 years from the date recorded.

    This therefore means, my debt will become statute barredicon in April 2010. However, because the default was not issued until 2006, my file will not be cleared of that account until 2012.

    [/quote]

    Is the above my correct understanding then?

    Every journey begins with a single step

    Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

    If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You


    The only person entitled to your Personal Finance details is a Judge not a DCA

    Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

    Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.
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  15. #15
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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    a letter disputing the debt does not count as acknowledging the debt unless you are disputing the account on penalty charges

    hs
    its six years from when the oc first defaults you.
    the statute of limitationsicon start from cause of action, thats when you missed the last payment


  16. #16
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    Default Re: Which decides the 6 year Rule - Last Payment or Default issue?

    Thanks, Postggj



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