How long will my default stay on credit file

[123123123123]

i have my loan and current account both deafulted and being delt with by 3rd party compaines e.g roberts and way

 

both show on credit file,

 

LLOYDS TSB PLC CURRENT ACCOUNT

STARTED 01/03/06 DEAFULT £1729 DEAFULTED 08/02/08 CURRENT BALANCE £1735

UPDATED 12/4/09

 

 

DO THE 6 YEARS START FROM 08/02/08 OR 01/03/06

 

ALSO HOW CAN I STOP THESE 3RD PARTYS CALLING ME !

[Bazooka Boo]

The six years will start from the date you defaulted, not when they put the default on your file.

Telephone Harassment Letter.

 

And all the other templates you may need here.

[maroondevo52]

Hi,

 

6 years from 08/02/08

 

Perhaps you can send this:

 

 

- HARASSMENT WARNING -

 

WARNING: PROTECTION FROM HARASSMENT ACT 1997

 

 

 

Telephone Number:

 

Re: Harassment by Telephone

 

 

 

** *** 2009

 

 

Dear Sir/Madam

 

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have requested that these calls stop, but I am still receiving calls. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued calling puts you in breach of the Protection from Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to myself, is kept clear for my own personal calls.

 

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner will result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you will be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

Regards.

 

Scott.

[MK_One]

Yes 6 years from the date of default, whether or not you have settled the account.

 

I made the mistake of trying to keep accounts out of default when I lost my job, it just delays the agony.

[123123123123]

what does settled mean

[cerberusalert]

Paid.

[123123123123]

i havnt paid

[cerberusalert]

A default naturally drops off a credit file after six years no matter whether it's paid or not.

[123123123123]

but if its not been paid how come its Settled?

[maroondevo52]

This is getting complicated

 

If it's not been paid, it's not been settled, it just drops off after 6 years.

[123123123123]

yer im confused!

[123123123123]

so if its settled i dont have to pay it off!?

 

can i stop these companys writing to me aswell?

[Nagasis]

A defaulted account, 'the default' can still be paid even when defaulted. In your case looking at your info in your oringinal post you have not paid the default amount (£1735) it is not settled.

 

The default date was 08/02/08 and so will drop off your credit file 08/02/14

[123123123123]

but it says its settled?

[cerberusalert]

If it's marked as settled then as far as you are concerned it has been paid. Make sure you have a 'hard copy' of your credit report or take a 'screen shot' of it & then make Robbingscum away prove that you owe this alleged debt by sending them this;

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

[123123123123]

Does this appy to 3rd parties tho?

[Bazooka Boo]

It applies to anyone asking you for money, third party fourth fifth, etc etc Whoever it is asking you for payment now, is the letter you need to send them, that Cerbs posted.

[theoldgit]

If the debt has not been settled, paid or whatever by the time it drops off the credit file, can it be defaulted again and the clock starts ticking for another six years, I'm thinking that whoever has put the default on the file sells the debt and it's then defaulted again?

Edited June 9, 2009 by theoldgit
typo

[cerberusalert]

No they can't default twice on the same debt, send the letter to Robbingscum.

[Bazooka Boo]

If the debt has not been settled, paid or whatever by the time it drops off the credit file, can it be defaulted again and the clock starts ticking for another six years, I'm thinking that whoever has put the default on the file sells the debt and it's then defaulted again?

 

No, put simply once the debt has passed it's 6 year limitation point, you cannot be defaulted for it again, you cannot be taken to court, they cannot obtain a CCJ, they cannot enforce any legal collection activity against the debtor. If the debt is sold on once the DCA is informed it is SB, then they should be reported to the OFT.

However DCA's often will and do sell on SB debts. something which Lowlifes seem to buy up amongst others, they can ask you for payment against the debt, as factually the debt does still exist, they just can't legally enforce any collection activity and once you inform them that the debt is SB, that should be the last you hear from them!

[jon888999]

Am I right in thinking then that if all my accounts were defaulted in 2005, these accounts will disappear altogether from my credit record in 2011? If this is the case then in 2011 there will only be good information on my file. Well if I can succesfully defend the claim by Phoenix

eg mobile phone, car insurance, mortgage, bank account etc.

Take Care

Jon

[123123123123]

If the debt is sold on once the DCA is informed it is SB, then they should be reported to the OFT.

However DCA's often will and do sell on SB debts. something which Lowlifes seem to buy up amongst others, they can ask you for payment against the debt, as factually the debt does still exist, they just can't legally enforce any collection activity and once you inform them that the debt is SB, that should be the last you hear from them!

 

 

what do you mean SB? how do i know if they sold my debt?

 

 

also how long do i wait after sending that letter for a reply

[123123123123]

OMG the account i am enquiring about isnt settled its as it is in first post

 

Current Balance £1735,

 

should i send LLOYDS A CCA or Just send the letter as above

[Bazooka Boo]

what do you mean SB? how do i know if they sold my debt?

 

SB means Statute Barred, ie if you or they have heard nothing, nor you have paid anything toward the debt, nor have you admitted to them 'in writing' that you do indeed owe them the debt, then after 6 years, 5 in Scotland, it is then deemed to be Statute Barred and a DCA is unable to take any legal collection activity toward the debt, so they are unable to threaten you with any legal action such as taking you to court and obtaining a CCJ (county court judgment)

This is only the case in 'simple' debts, so unsecured bank loans credit cards etc will come under the limitation act (SB)

 

As for asking for a CCA, you need to send it via recorded delivery to whoever is asking you for payment, as I understand it from your thread, Robbers way?

 

Once you have sent them the CCA request, they then have 12+2 working days to comply with the request.

If they fail to issue you with the CCA then you should withold all future payments to them, until such time that they issue you with a 'legally enforceable' CCA.

 

Whatever they send you post it back up on here so that the experts can take a look to make sure it is legally enforceable, but do remember to remove all identifying names adresses, account numbers, bar codes etc.

 

Send robbers way the CCA request letter, only if you know you do owe the debt. If you know nothing of the debt then the letter that cerbs posted earlier is the one to send.

[123123123123]

I Owe The Debt But To Lloyds Tsb Not Robertson Way!