Wilko v just about everybody

[ims21]

What type of account....loan, credit card, overdraft or some other contract?

[wilko1]

Credit card debts, all with last payments of October 2008, all have varying dates of default notices and defaulted dates, some have been passed around various dca's, none have correct paperwork.

[ims21]

Can't say the exact date but under the scenario you describe above, the closest will likely be the middle one.

 

The SB date starts from the Cause of Action for which you would need to consult your Terms & Conditions to help establish the exact date. With cards it may well be after one or two missed payments.

 

The date that a default is entered on the CRA file is not really an indicator since the Cause of Action will be before that event.

Edited January 24, 2014 by ims21

[wilko1]

One of the cards has never had a DN issued, is it safe to assume that it will be SB 6 years after last payment?

Thanks

[rdm2006]

sb clock starts from the date which caused the default ie you pay 1st of each month - last payment made was 1st Jan so the 1st Feb is the first missed payment and would be the cause of the default.

 

so 6 years from 1st Feb (in the above case)

[wilko1]

If an account has been defaulted and no payments made for 3 years. Then a full and final offer is accepted.

 

 

Will this account remain on the credit file for the remaining 3 years

 

 

or will it be on for 6 years from the f&f payment.

 

 

This is assuming the creditor refuses to remove the entry.

[fkofilee]

6 years from DEFAULT Date...

[Stigman]

If an account has been defaulted and no payments made for 3 years. Then a full and final offer is accepted. Will this account remain on the credit file for the remaining 3 years or will it be on for 6 years from the f&f payment

 

As fkofilee says it is from the Default date as long as the default date has been placed correctly.

 

If you are doing a full and final offer, remember to always get this in writing, that whoever you are paying is the legal owner of the debt, that the remaining balance will be written off and never sold on to be collected by any DCA.

You can also ask that any adverse credit history including the default is removed from all Credit reference Agencies within 30 calender days, but your chances of that bit has happened but rare.

 

Before paying for a full and final, have you checked that the debt is fully legal via a CCA request if this is appropriate?

That any charges and/or PPI has also been reclaimed, if the debt has been sold on any refund comes to you, if not then it reduced the balance and either way puts you in even a better position.

 

Stigman

[fkofilee]

As fkofilee says it is from the Default date as long as the default date has been placed correctly.

 

If you are doing a full and final offer, remember to always get this in writing, that whoever you are paying is the legal owner of the debt, that the remaining balance will be written off and never sold on to be collected by any DCA.

You can also ask that any adverse credit history including the default is removed from all Credit reference Agencies within 30 calender days, but your chances of that bit has happened but rare.

 

Before paying for a full and final, have you checked that the debt is fully legal via a CCA request if this is appropriate?

That any charges and/or PPI has also been reclaimed, if the debt has been sold on any refund comes to you, if not then it reduced the balance and either way puts you in even a better position.

 

Stigman

 

Yes sorry about the abrupt message, Was on mobile.

 

It is 6 years from the Default date regardless of it the date placed is correct or not. The date that is listed on your CRA is when the data will be removed. (But remember if the Default Date is wrong and amended, it will then apply from that date)

Stig is right, always get a F+F in writing, also check they have a CCA. That way you guarantee yourself from becoming another seed in the wind.

[wilko1]

Thanks for your replies and advice, much appreciated.