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Clarity and advice needed re: unpaid defaults


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I have two unpaid defaults from August 2012 and would like some clarity and advice about what to do.

 

I know defaults drop off the credit file after 6 years but what actually happens to my file if the accounts remain unpaid?

I know its not the same as being statue barred and i believe i have made a payment to both in the last 3 years or so

 

One of the defaults i am not actively being chased for it and havent been for years

The other one I am being chased for but the dca has agreed to give me 30 days to sort myself out (find emoloyment) and has froze the account during this time

 

What I want to avoid is the situation of the defaults dropping off the file, but then they issue a CCJ.

And what if I agreed to a payment plan which at the moment would take a very long time to pay off?

Eventually the account(s) would be closed but wouldnt dissapear from my file until 6 years after the last payment i made?

 

So is it either not do anything,

let the defaults drop off and risk a CCJ?

Or come to a payment plan and have it cause problems for another 7-8 years?

(1-2 to pay them off, and 6 for it to go from my file?)

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The Information Commisioners Office says:

.

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, paying now or not.

.

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

.

{however, this does not mean the debt itself is not still owed

consider a CCA request.}

.

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.

.

NOTE: {the bracketed text is not Information Commisioners Office guideline but my advise]

 

start a new thread on each debt in the named forum of the original creditor of the top main forum tab.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for your post. You say brackets are your advise and not official ICO guidelines but in regards to the {the WHOLE ACCOUNT WILL VANISH, never to return} this is the major thing i am concerned with

 

So in August 2018, the defaulted account on my file will dissapear/drop off/not be visible/etc etc yes?

however the debt wont be statute barred and i'm not disputing the debt nor have any intention of doing so. So in theory they COULD get a CCJ against me right because the debt will still exist even if its not on my credit file?

 

if so then it becomes a diplomatic conversation between me and the dca to either agree a suitable payment plan or a settlement offer? (so i can avoid a ccj)

 

so if i did either of those things then this wouldnt be reported on my file at all?

 

sorry but i am easily confused and not sure making a new topic will be a good idea, just wanted some general advice. cheers

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Diplomatic and DCA in the same sentence...must go for a lie down in a dark room now:-)

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what are the debts and their type of credit

have you sent them a CCA request?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Diplomatic and DCA in the same sentence...must go for a lie down in a dark room now:-)

 

Hahaa just simply trying to ascertain the procedure for this kind of thing

 

what are the debts and their type of credit

have you sent them a CCA request?

 

One is a payday loan and the other is a catalogue

 

Not done the CCA from my limited understanding it all seems rather long winded and i am not disputing the debt at all

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are they sold to DCA's or still owned by the OC's?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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started an irresponsible lending complaint yet on the pdl?

did you have others .??

 

as for the DCA who?

might be best to start a sep thread as bottom of post 2

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh and throw the morality card out the window!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh and throw the morality card out the window!!

 

??

 

I don't wish to dispute any of the debts mate just want to know about the implication of non-paid defaults and credit file

 

Let me try this another way.

 

Hypothetical example; say I had a defaulted account for a credit card with a DCA that is due to drop off my file in 2021. Lets say I either pay the debt completely or come to a settlement offer in 2019. would this drop off my file in 2021, or would it stay on under closed accounts until 2025 as my last payment would have been in 2019?

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what part of post 2 are you not understanding?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

what part of post 2 are you not understanding?

 

in part its due to the conflicting information i've got going on in my head from internet searches, forum searches, etc. nothing seems to be 100% consistent

 

the reason i made this topic is because i found it difficult to believe that after the non-paid default drops off your credit file on its 6th birthday, there wouldnt be any subsequent record of some sort on your file. - if you continue to make payments or settlement which is what i intend to do to avoid ccj as best i can

 

which is where this quote i found from another forum comes in and the conflicting info. someone was enquiring about their file similiar to what ive done here and got this response

 

"Basically when the defaults drop off and there have been no CCJs or anything of the sort then all there will be is the notice of record of payments."

 

 

so there WILL be a record of payments on my file and when the final one is made it will take a further 6 years to drop off my file?

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in part its due to the conflicting information i've got going on in my head from internet searches, forum searches, etc. nothing seems to be 100% consistent - there is no conflicting information...? where?

the reason i made this topic is because i found it difficult to believe that after the non-paid default drops off your credit file on its 6th birthday, there wouldnt be any subsequent record of some sort on your file. - if you continue to make payments or settlement which is what i intend to do to avoid ccj as best i can -you seem to be not understanding that when a default reaches its 6th birthday...the debt can never show again...

which is where this quote i found from another forum comes in and the conflicting info.

someone was enquiring about their file similiar to what ive done here and got this response

 

"Basically when the defaults drop off and there have been no CCJs or anything of the sort then all there will be is the notice of record of payments." - total garbage.

 

so there WILL be a record of payments on my file and when the final one is made it will take a further 6 years to drop off my file?

 

 

no what part of post 2 are you not comprehending???

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thankyou for your patience i just have a hard time understanding all this stuff and my constant googling and getting different answers probably dont help

 

i think i understand, please correct me if wrong. so the facts are these...

 

i have a balance of £600 for an old catalogue debt with lowell

default was registered in august 2012, will drop off in august 2018

 

when it drops off in 2 months it will dissapear forever and wont appear in any form whether i dont pay it, make token payments, or agree a full and final settlement?

the ONLY way it could ever reappear is in the form of a CCJ if they decide to go down this route?

it's their discretion?

 

when i am in position to negotiate a settlement or pay in full...

i should keep evidence of this in writing as i won't have any evidence on my credit file to show i've settled the debt?

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good you are getting there

 

the debt can never re appear

if you lose the a CCJ will show in the public information/judgement section.

 

however.. I would not be paying a DCA anything without sending a CCA request first

start a new thread on the cat debt please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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