default notice

[jazzyb]

Hi, don't know if anyone can help. I have a default notice aginst me for non payment of a credit card. The default notice was issued in september 2000 so it is due to come off in a couple of months. I have not onced been chased for the money outstanding. Today i receive a letter from a collection agency who have bought the account off HSBC demanding the balance. If i don't pay can the collection agency issue another default notice against the same dept?

Hope someone can help

[MARTIN3030]

Firstly you should not acknowledge any responsibility towards this debt before the 6 year period ends as by doing so you will restart the 6 year period.

 

 

Secondly if the debt was originally applied from part/wholly unlawful penalty charges then it is disputable.

 

If you are in the process of recovery/dialogue with the original creditor then any attempts to collect this debt by a dca are required to be suspended..

 

You should send this dca a request under the 1974 consumer credit act to see copies of the original agreement/deeds of assignment/any default notices that relate to the origins of the debt.

 

You can send these to both bank and dca.

 

temp letters are here on the site,as is follow up action should they fail to comply within 1 month.

[jazzyb]

Hi martin, thanks for the reply. A few things, have already had dialogue with the dca over the phone but havn't agreed to anything, told them i would look into it and come back to them, what i did do though in a moment of rage is offer them £1 a month(stupid i know) but they said i would have to write in and explain why i could only afford £1 a month, don't know now whether i have started a new 6 year cycle! Not sure which letter you are referring to on the system, can't seem to find it (doh), do you know what it's called, also i havn't started any claim for the charges as it falls outside the 6 year timeframe. Does the dca have to suspend any action once i have asked for details of agreement, default etc and what will be my next move from then. Apologies for all the questions, really appreciate your help.

Jamie

[MARTIN3030]

Hi martin, thanks for the reply. A few things, have already had dialogue with the dca over the phone but havn't agreed to anything, told them i would look into it and come back to them, what i did do though in a moment of rage is offer them £1 a month(stupid i know) but they said i would have to write in and explain why i could only afford £1 a month, don't know now whether i have started a new 6 year cycle! Not sure which letter you are referring to on the system, can't seem to find it (doh), do you know what it's called, also i havn't started any claim for the charges as it falls outside the 6 year timeframe. Does the dca have to suspend any action once i have asked for details of agreement, default etc and what will be my next move from then. Apologies for all the questions, really appreciate your help.

Jamie

 

Jamie,they are asking for your offer in writing as this will be your admission/acknowledgement of the debt.

 

DO NOT DO THIS

The 6 year limitations is being challenged and there are people having a go though at this stage there little info as to where its up to.

The dca has to suspend action for recovery if after 12 days he fails to provide you with the information relating to the debt.He can only recommence the recovery if he turns up the papers to you within 1 month of recieving your request.

 

You will find the temp letter as well as other info in the defaults section.

I wont give you the link as you should be reading other stuff there as well to be familiar with this.

 

 

[jazzyb]

Thanks, have found the forum and letters, i'm gonna have a good read through the forum tonight and get the letter off tommorrow and will wait and see what happens.:grin:

[MARTIN3030]

Thanks, have found the forum and letters, i'm gonna have a good read through the forum tonight and get the letter off tommorrow and will wait and see what happens.:grin:

 

 

Nice one if you need further info just shout

 

 

[jazzyb]

Have sent letter to dca requesting original agreement, assignment of deed and original default notice and also stating i don't acknowledge the dept, i am going to send the same letter to HSBC (original account holder), should i remove the part about acknowledgment of dept as they are not chasing me for the money?

The actual default is due to be removed in september (6 years have passed). Will it still be removed even though i am in dispute with a dca? its funny how i have not once been chased for this dept as far as i know and i bank with HSBC so its not as if they don't where i live, but i have a claim in for charges against my current account. Bit of a coincidence don't you think! maybe retaliation tatics!!

Thanks

[MARTIN3030]

Have sent letter to dca requesting original agreement, assignment of deed and original default notice and also stating i don't acknowledge the dept, i am going to send the same letter to HSBC (original account holder), should i remove the part about acknowledgment of dept as they are not chasing me for the money?

The actual default is due to be removed in september (6 years have passed). Will it still be removed even though i am in dispute with a dca? its funny how i have not once been chased for this dept as far as i know and i bank with HSBC so its not as if they don't where i live, but i have a claim in for charges against my current account. Bit of a coincidence don't you think! maybe retaliation tatics!!

Thanks

 

Well done.

You can leave in the refusal to acknowledge since its penalty related by origin.

After 6 years it will be auto removed whether in dispute or not.

The HSBC must have sold on the debt shortly after defaulting you....therefore they would have had no further interest in collecting it.

You should continue to maintain no acknowledgement to this debt.

My feeling is that the dca will reply to you saying the debt has been returned to its original owner.

Dont think another dca would be interested in taking on a debt that had only few weeks left before being stat barred.

 

[jazzyb]

yeh i was hoping that would be the outcome, will have to wait and see. Why do you think it has taken almost 6 years to actually chase me for the money ( to be fair i was under the impression that the money owing had been payed soon after the default was issued as i took out a loan with HSBC and thought they were directing some of the money to pay off the balance). What effect on my credit file will it have if it is stat barred:???:

[MARTIN3030]

After 6 years it will be gone............forever !!!

 

Only of course if you continue to deny any responsibility to this debt up until the last day .

 

The dca may be having a last ditch attempt to get some payment.

Dont forget if they can talk you into making an agreement and acknowledging the debt then they can start off a new 6 year period !!

My guess is thats there little idea !!

 

 

[jazzyb]

Thanks Martin i will just ride it out like you say. Thanks for all your help mate

Jamie:grin:

[jazzyb]

Have just noticed on a copy of the CCA i sent to the dca that i didn't date it:o Should i send another copy out with the date or because it's been sent recorder delivery i will have a signature on the date that it was received. (what a plonker.)

[jazzyb]

Have just noticed on a copy of the CCA i sent to the dca that i didn't date it:shock: Should i send another copy out with the date or because it's been sent recorder delivery i will have a signature on the date that it was received. (what a plonker.)

[dw190]

Have just noticed on a copy of the CCA i sent to the dca that i didn't date it:shock: Should i send another copy out with the date or because it's been sent recorder delivery i will have a signature on the date that it was received. (what a plonker.)

 

You have a record of the date you sent it. The post office should have date stamped you Recorded Delivery Stub.

[jazzyb]

yep i thought that was the case, thanks alot:D

[jazzyb]

Since sending the CCA to the DCA i have had a acknowledgment from lowell (dca) a couple of days after i sent it and nothing since. The 30 calendar days are up today. Do i now send them a letter informing them that they commited an offence and that i will be reporting them to OFT and ask that they write the dept off or shall i just say nothing and report them anyway. I would be happier if i had something from Lowell informing me that they will no longer be chasing the dept or is that something that would happen in DisneyLand!

Any Thoughts?

Thanks

[phunkeymonkeh]

As far as I am aware you have to give them 12 days, then an additional 30 on top of that.

 

So a total of 42 days until they have committed an offence.

[martin2006]

not quite true phunkey. You allow 12 days and then the company is in default.

At this point you do nothing but wait until 30 days is up. after 30 days IN TOTAL, they have committed a criminal offence under the consumer credit act and will have to go to court to reopen the case. As any judge would require a pretty good reason for them not responding in the 30 days, most dont bother.

And thats that. no paperwork, no debt.

[jazzyb]

So Martin, would you do nothing now and treat it as being written off or would you report them, write to them (dca) reminding them of their legal situation and ask for the dept to be written off officially-ie for them to produce a letter informing me of that.

What do you think?

[martin2006]

Its not so much a writing off of the debt as they did that when they sold it on to the DCA.

The point here now is that they have failed to comply with, i think its a s77(1) and s78(2) (dont quote me i could be a little off with the relevant sections) and have committed a criminal offence.

I think the next course of action for you would be to write back and demand that the default is removed, as they cannot produce the documents there is therefore no debt.

You can also make a complaint to the OFT and Trading standards and question the lenders fitness to hold a credit license. I would certainly reference it in any letter i was sending the lender now. Whether or not you want to pursue that route is entirely your choice.

[jazzyb]

Well well well!! After sending a CCA to HSBC for defaulted credit card, received a letter today advising me that they will remove the default from my credit file:D It was due to come off at the end of the month anyway but i am now in a better position for credit a little early. Shame i didn't know what i know now a couple of years back. Now just waiting for the DCA to default on the CCA and the matter will be closed. Looks like i'm gonna have to wait a little longer as it would seem it is 42 days in all before they have commited an offence

Thanks everyone for the advise;)

[Peterbard]

I recently got a credit report from experian ,just to check my status and was supprised to find a default on file issued by the Nat West Bank. I have not had an account with them for 11 years.In 1995 i was overdrawn ( due to the excessive charges placed on the account) and this resulted in a ccj being issued against me.They however never persued this and after 6 years it dissapeared from my credit report. The new insertion reads Started 07/04/95 Default £300 Defaulted 02/05/05 Current ballance £850.File updated 07/06/05

I wrote to Experian saying that i was of the understanding that all Defaults were removed after 6 years and recieved a reply to say that they had contacted the Nat West and that the insertion was correct according to them and the gave me their contact details.

I have never enterd into any agreement with NW so i am wondering on what i am supposed to have defaulted.

I contacted the CAB and they warned me about contacting them as this could re start the 6 year period and enable them to start chasing me for the money.

But if i don,t how am i going to get the Default removed.Also why is the second figure greater than the first are they still adding interest even though the account has been closed for 11 years.

As another thought,from memory i thimk i once sumed the amount of charges on the account and they came to about £3000.

Would it be worth my while to ask them for proof of the debt and then use the information to reclaim the charges or would that be to risky.

[un1boy]

Hmmm...I would email the CRA back and ask them what act of law gives them the right to hold, process, store your data without your permission. The contract ended, so did your permission.

 

See how I am doing with mine using the link below (it's the bottome one that says settled - it's not settled yet though).

[phunkeymonkeh]

I recently got a credit report from experian ,just to check my status and was supprised to find a default on file issued by the Nat West Bank. I have not had an account with them for 11 years.In 1995 i was overdrawn ( due to the excessive charges placed on the account) and this resulted in a ccj being issued against me.They however never persued this and after 6 years it dissapeared from my credit report. The new insertion reads Started 07/04/95 Default £300 Defaulted 02/05/05 Current ballance £850.File updated 07/06/05

I wrote to Experian saying that i was of the understanding that all Defaults were removed after 6 years and recieved a reply to say that they had contacted the Nat West and that the insertion was correct according to them and the gave me their contact details.

I have never enterd into any agreement with NW so i am wondering on what i am supposed to have defaulted.

I contacted the CAB and they warned me about contacting them as this could re start the 6 year period and enable them to start chasing me for the money.

But if i don,t how am i going to get the Default removed.Also why is the second figure greater than the first are they still adding interest even though the account has been closed for 11 years.

As another thought,from memory i thimk i once sumed the amount of charges on the account and they came to about £3000.

Would it be worth my while to ask them for proof of the debt and then use the information to reclaim the charges or would that be to risky.

 

I though any debts where a judgement has been made were not subject to the act of limitations ?

[queenamandababy]

Hi Everyone

 

I'm very new to this so forgive me if this has already been answered.

 

I have a Student Barclaycard which when I last looked was owing £400. I haven't made a payment for at least 2 years. They haven't sent me any letters asking for the money. I bank with Barclays so thought I would have received something by now.

 

I haven't made any attempt to contact them. I am presuming that they have applied a default notice against me as I cannot get any credit whatsoever.:-|

 

What would be the best thing for me to do? Get in contact with them and pay it off. Or continue to ignore it until the 6 year period has passed.

 

And if I did ignore it and six years had passed, would I not owe them anything or would I still owe the money and the default would have simply been removed?

 

I look forward to hearing from people!