Jump to content
  • Tweets

  • Posts

    • Mr Lee helped to grow his father's small trading business into a global industrial powerhouse. View the full article
    • So here's a thought:   The average age of someone dying of Covid-19 is 82.4.   The average life expectancy is less, at 81.4.   The rest of the population is making huge sacrifices to save people who, on average, would have been dead anyway.   I wonder what the total of life-years saved by all the restrictions we've had on us since the pandemic started is? Probably not many.
    • Hi Thankyou for your response    yes it is ! I sent of a SAR and within the comms Log Lloyds advised PRA  no CCA or paperwork available  .  hence account unenforceable.   The default is listed as PRA so does that mean it’s active ?  I can’t see a default for LLoyds on there.  I will follow your advice Thankyou 
    • i will guess this is:   a debt buyer dca cannot register a default notice    if the original creditor registered a default notice then get a copy of that  staple it to a letter to PRA and demand the account is removed from your credit file forthwith or a serious complaint will be registered with the ICO and financial compensation will be sought.   give them 14 days 
    • Freight industry body warns the lack of an agreement on tariffs could make things more expensive. View the full article
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

time limit to default an account


Please note that this topic has not had any new posts for the last 4544 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Link to post
Share on other sites

bump

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

GE MONEY SETTLLED IN FULL £400

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

 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

[SIZE=2][COLOR=SeaGreen][FONT=Verdana][URL="http://www.nationaldebtline.co.uk/"][/URL][/FONT][/COLOR][/SIZE]

Link to post
Share on other sites

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

Link to post
Share on other sites

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?

Link to post
Share on other sites
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.

[SIZE=2][COLOR=SeaGreen][FONT=Verdana][URL="http://www.nationaldebtline.co.uk/"][/URL][/FONT][/COLOR][/SIZE]

Link to post
Share on other sites

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

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...