Hi Guys,

I had a dispute with an M&S agreement which was a very bad copy of an application form back in 2008 sending all the relevant letters etc... This is now seven years ago. M&S sent me a default notice at the time and then sold the alleged debt on.

below is a time line of what happened and a few questions hope someone can help.

March 2008

Disputed debt from M&S sent letter cca request (poorly eligible application form) Approx £4000

August 2008

M&S transferred alleged debt to debt collectors (Collect Direct)

Collect Direct wrote threatening to take me to court - Sent them a letter explaining that the debt was in dispute and that was the last we heard from them.

I also sent a letter back to M&S as they sent the same eligible application form and I stated that the account was in dispute under section 78(6) states that while the account is in dispute it cannot be enforced.

Note This was the last correspondence we had with anyone todate

Dec 2009 - Present

Started getting numerous letters from 1st Credit (Finance) Limited threatening to take me to court to offering substantial discounts off the alleged debt received over the next few years at least once a week. Along with phone calls and texts.

Also Letters from Lowell Finance & Connaught Collections

Below are a few of the letters received:

May 2014

Received letter from M&S stating that they have sold the debt to 1st Credit ( Finance) 4 Limited on the 25/01/2013

Received letter from 1st credit "County Court Proceedings Being Considered"

July 2014

Received letter from M&S stating that they have sold the debt to 1st Credit ( Finance) 4 Limited on the 25/01/2013

October 2014

Received letter from Solicitors Moon Beever acting for 1st Credit

Day later letter from Connaught Collections

August 2014

Letter from Lowell Financial stating that they have written to us on numerous occasions and offering a discount.

March 2015

Received letter from M&S stating that they have sold the debt to 1st Credit ( Finance) 4 Limited on the 25/01/2013 ( Cannot understand why they have contacted me now when the alleged debt is now over six years from 2008 Also they had already sold alleged debt off to Collect Direct in August 2008 which is also over six years ago and also to Lowell Financial).

Also received letter from 1st Credit (Finance) Limited stating that they have assigned a debt from 1st Credit (Finance) 4 Limited.

When checking credit reference agency I noticed a default from 1st Credit Limited suddenly appear which was not there last month but on further investigation found that they had lodged a default in Dec 2009 ( did not receive any Default Notice) and when I recently updated my credit file with old addresses it appeared so must of been linked to an old address.

Questions

1) If a debt is over six years old and gone off my record can a debt collector still keep a default on your credit file even if the account is in dispute and now statute barred?

2) Also M&S have written to me way over the six years to tell me that they have sold the debt in 2013 to 1st Credit (Finance) 4 Limited.

Are they in breach as the account was in dispute and the alleged debt is now statute barred?

3) Is there a limit to the number of creditors that can chase you for a debt?

I have had 1st Credit & Lowell Financial Chasing me at the same time.

4) Can a creditor put a Default on your credit file if the account is in dispute?

5) M&S issued a Default Notice in 2008 & 1st Credit added a default on my credit file in Dec 2009 is this allowed?

At no time have I received any Default Notice from 1st Credit and only recently since checking my credit rating have noticed this default.

Thanks in advance for any help.

Harry May

Questions

1) If a debt is over six years old and gone off my record

can a debt collector still keep a default on your credit file

even if the account is in dispute and now statute barred?

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

2) Also M&S have written to me way over the six years to tell me that they have sold the debt in 2013 to 1st Credit (Finance) 4 Limited.

- doesn't matter

Are they in breach as the account was in dispute and the alleged debt is now statute barred?

no

3) Is there a limit to the number of creditors that can chase you for a debt?

ideally only one should be 'asking' for payment, but many are the same 'group' anyway

an sb'd debt in E&W can still be chased

as it still 'exists'

I have had 1st Credit & Lowell Financial Chasing me at the same time.

4) Can a creditor put a Default on your credit file if the account is in dispute? yes

5) M&S issued a Default Notice in 2008 & 1st Credit added a default on my credit file in Dec 2009 is this allowed?

no as above

At no time have I received any Default Notice from 1st Credit and only recently since checking my credit rating have noticed this default.

Thanks in advance for any help.

Harry May

.............

edit, I'm a bit confused, above you say it doesn't show on cra, but later you say it does?

dx

Many thanks DX for your quick response.

Regarding the cra I only recently joined one and did not enter my past addresses and my credit file was excellent!

Then last week I updated my file with my old addresses and that is when I noticed the default suddenly appear.

I then found out that 1st Credit had put this on in Dec 2009.

So are you saying that after six years of the debt being gone with no payments and no correspondence that all the defaults should be gone as well even if they put them on later?

M&S account stopped paying Dec 2007 six years would be Dec 2013

No correspondence since Aug 2008

If I understand you correctly any defaults should of gone when the account went (after six years) if so how do I go about getting this default taken off?

Best regards

Harry May

you are lumping defaults with statute barring

there is no direct link.

if the debt in its summary top line has a defaulted date

that debt should be totally removed from the cra file on the defaults 6th birthday.

never to return, regardless to any later defaults etc etc

that's does not mean the debt might not still be owed mind.

statute barring is 6yrs from last use or written & signed acknowledgement

if/if not a debt shows on your CRA file is nowt to do with any SB criteria.

if you have proof that the debt was listed as defaulted

more than 6yrs ago and still shows

you need to provide that proof to the CRA people and demand the debt is removed under the ICO guidelines.

placing another default on the file should not hold the debt on the file

for another 6yrs

unless you rectified the old default within 14 days.

dx

Thanks DX,

Do yu know of any templates for contacting the cra's

Regards

Harry May

no not needed.

if you have documented proof

like and old cra file printout

or a copy of the M&S DN or record of it in say and sar

all you need to do is simply send that with a cover note

asking why the file is still showing outside of this defaults 6th birthday.

don't forget mind

there are three cra providers

might be an idea to tackle one

then fwd that around the others when successful.

most of them have live chat

noddle has a free query service.

simply ask the question there?

dx

Thanks again DX

 

4) Can a creditor put a Default on your credit file if the account is in dispute? yes

Madness. They have a duty to check that the debt exists though. Otherwise they face a defamation claim.

Update:

After searching through loads of boxes I found M&S Default Notice dated July 2009 but this is not showing on the credit file only First Credit from December 2009.

Is there anything that can do?

Regards

Harry May

they cant change the OC's original defaulted date from the CRA file

but 6mts is not really an issue

Hi DX,

Thanks again for your quick response

do you think if I wrote to the cra after July and show them the original default notice

they will take first credits default off or is it best just to wait until December!

Regards

Harry May

post 6 answered already

Ok many thanks