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time limit to default an account

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just interested in your replies to this for education purpose


if someone receives a letter from a dca about a debt

the dca defaults you


that is the normal procedure


what happens if the original lender has never defaulted you, can a dca issue a default on your credit file.

do they have to first give you a default notice given you time to rectify the situation


my next point is can a lender default you say three or four years down the line after you have ceased to use an account.


many thanks

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Lloyds TSB (SARS) request sent 9th June 2006

£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267

MBNA SETTLED IN FULL 15/09/2006 £829

Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006


Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350

Welcome Finance PPI 2 accounts one settled £1018 waiting on other

GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008

Lloyds TSB PPI CC complaint sent 10/04/2008

Black Horse PPI with FOS 20/05/2008

HFC PPI complaint sent 22/05/2008


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All depends if the DCA has purchased the debt from the original creditor and that you had notice of assignment when the debt was purchased.


In all cases of a default, you should receive a default notice. If you have not then i would definately request one. I would also request a copy of the CCA from the DCA as to be honest i would never ever trust or believe what a DCA tells you.

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This may help.


From: Technical Guidance Note - Filing defaults with credit reference agencies


Time framework


Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.


• Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.

• Accounts should normally be filed as being in default where those payments due have not been received for six months.


This time framework only relates to filing defaults. It does not affect the lenders’ ability to continue to report accurately on the extent of arrears using monthly status codes. We recognise that may not always be appropriate for products which advance credit over either a very short or very long-term.

The ‘sale’ or assignment of debts on defaulted accounts


52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.


53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned.


The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.


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thanks for the imput


the point i am making is that what happens if the oc defaults your prior to selling the debt to a dca, but it has been three to four years down the line.

this means you are defaulted for a further six years.

it took four years for the oc to default you, then another six for the default to expire.


as the oc failed to default you by normal time frame, can this be legal

can you have the default removed for lack of procedure


many thanks

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When the creditor defaulted you it will be registered for 6 years. Once passed, if sold to a debt collection agency then they typically registerthe default in their company name. If after 6 years, the debt still has not been satisifed / settled i think they can re-register the default.


Have you checked your credit file to see the exact default dates?

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If after 6 years, the debt still has not been satisifed / settled i think they can re-register the default.


They most certainly cannot!


I think you may have read that regarding CCJs, which are a tad different.


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thanks for the imput people


this thread is just for interest, nothing going on with me


sorry to repeat myself but


can a creditor default you after a period of say four to five years.

i know the normal procedure is to default you after say three months.

it just seems unfair that a creditor can wait years to default you, then the default will be on credit file for a further six years


to get to the point


is it legal for a creditor to do that

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