Couple of questions regarding defaults

[robbiecrusoe]

Hi, I have been looking through the forum and think I have the answers I am looking for but would like some clarification if possible.

 

I got into a lot of debt when I was younger, and due to various health issues / relationship problems, I stopped paying all of my loans and credit cards off around 6 years ago.

 

When I finally got myself sorted and looked into paying it all back, I found that the figure was around the £40k mark, which just threw me into a deep depression. At the time, all I could think of doing (in hindsight a very stupid thing) was to bury my head in the sand and hope it went away.

 

Well, somehow I seem to have gotten away with it, and now some of my debts are nearing the 6 year statute barred time.

 

I checked my credit report in Februrary of last year and found 8 defaulted items, raning in dates from mid-2003 to early 2004.

I have just recently checked my credit report again, to find that there are now only 4 default notices on it, with default dates of 2 x 01/10/2003, 31/12/2003 and 16/03/2004.

 

I have never written anything to any DCA.

 

My first question is this: After 01/10/2009 (yesterday), are these debts no longer enforcable? ie Will the agencies stop chasing me for them?

 

One of them was quite big (£28k) originally a loan from HFC, but then taken over by Crapquest. I have never written to any of the agencies involved, but Crapquest did phone me once at work about 4 years ago. I recently got a letter from Crapquest offering to write off the debt if I paid 50% - this is what piqued my interest in when that debt would disappear.

 

I have just today received a letter from Philips Collection Services stating that they have been instructed to commence recovery procedures on behalf of Lowells on the other debt that defaulted on 01/10/2003, the letter was dated 25th September - is this just a last desperate attempt by Lowells to get some money out of me (£3.5k).

 

Final question, I received a letter from Aktiv Captial recently about a debt of £2.7k, of which I can find no record on my report from last year or the more recent one. Can they send a demand for a debt that isn;t even on my credit report?

 

Finally, I would just like to clarify that what I did was very stupid. I should have stood up and paid my debts as best I could. Hiding from them for 6 years or so has been very very stressful, to the point of not answering the door during the day or answering withheld number phonecalls. I would NOT reccomend going down this path to anyone.

 

Thanks in advance for any help / advice.

 

Andy...

[dx100uk]

once they have fallen off your cra file or run past 6 yrs of no financial transactions in or out by you, they are statute barred.

 

all look good to me.

 

keep it up

 

dx

[mkb]

 

I have just recently checked my credit report again, to find that there are now only 4 default notices on it, with default dates of 2 x 01/10/2003, 31/12/2003 and 16/03/2004.

 

My first question is this: After 01/10/2009 (yesterday), are these debts no longer enforcable? ie Will the agencies stop chasing me for them?

 

 

 

The 2 dated 01/10/03 should be gone on 02/10/2009

The 1 dated 31/12/03 """""""""""""""""""""""" 01/01/2010

The 1 dated 16/03/04 """""""""""""""""""""""" 17/03/2010

 

 

Not long to go

[robbiecrusoe]

Well, I checked my report this morning (and took a copy), and there are now only 2 default accounts on my record now, a total of around £4.5k, overnight my debt dropped by more than £30k! I am so happy at this point in time.

 

It was either wiat it out, or bankruptcy... I think I made the roght decision

[darrenrez]

hi robbie, yes you made the right decision to wait it out.not long till jan then march, one bit of advice and it is never admit any debt to any dca as that could start the 6 years again.

if the dca's do get to heavy on you send them a letter requesting a true copy of your cca and pay the £1 fee by postal order and write on it that it is for the statory fee,because debt collectors have been taking it off your debt and saying you admited the debt and paid £1.

once you have sent a letter asking for your cca,you have then put the account in dispute so they have to stop ALL activity collecting the debt until they provide you with an enforceable cca.template letters are available on this site to send the dca's

[slick244]

Hi. I have read the responses in this thread with interest. Can somebody confirm to me that my account defaulted in august 2005 will drop off my credit file in August 2011? I ask this a i last made a payment on the account about 8 months ago. I have requested CCA since then and the account is in dispute. Is it six years from last payment? Or six years from date of default. many thanks.

[Jules55]

Good luck Robbie! Best keep a low profile until next March I wouldn't answer any letters/phone calls etc from any of these creditors, if any are left chasing. Also its highly unlikely the original CCA's are enforceable anyway!

[Jules55]

slick244>

 

If you check Equifax's web site it states that the date is when the debt is settled,written off or default notice issued, whichever was the earliest.

 

That's my understanding of it.

[laurap]

Hi,

 

I appreciate that it's very stressful when you are in debt, but some of the comments suggest that you are some sort of hero for getting out of paying for your debts when you quite rightly owe the money and should have paid up....other responsible people work hard at paying off debts. Good luck to you - I'm sure you have learnt your lesson, but other people on here shouldn't be so happy for you beating the system in this way, it's not moral - how would they feel if iy was them who were personally owed the money?

 

[robbiecrusoe]

Laurap,

 

I did not post on here to try and achieve "hero status" as you call it. If you read my post, you will have seen the penultomate paragraph which outlines that, yes, I was stupid to ignore these debts, but due to circumstances, it got to the point where I was unable to do anything about them (especially the big ones).

Yes, I would feel narked if I was owed the money (and I have been owed large sums which subsequently didn't show up), but at the same time I haven't bought a debt for pennies then tried to con someone out of thousands to line my pocket as these ****** DCAs do.

My life has been hell for the past few years, sick with worry, depressed, frightened to answer the door... so I haven't got out of this lightly. As it is, I doubt I will be able to get decent credit for the rest of my life now, at 37, that isn't a good thing.

 

Andy...

[mkb]

Hi,

 

I appreciate that it's very stressful when you are in debt, but some of the comments suggest that you are some sort of hero for getting out of paying for your debts when you quite rightly owe the money and should have paid up....other responsible people work hard at paying off debts. Good luck to you - I'm sure you have learnt your lesson, but other people on here shouldn't be so happy for you beating the system in this way, it's not moral - how would they feel if iy was them who were personally owed the money?

 

 

Bit harsh this laurap - remember the saying 'but there for the grace of god'. We've ALL done stuff we're not proud of.

Laurap,

 

I did not post on here to try and achieve "hero status" as you call it. If you read my post, you will have seen the penultomate paragraph which outlines that, yes, I was stupid to ignore these debts, but due to circumstances, it got to the point where I was unable to do anything about them (especially the big ones).

Yes, I would feel narked if I was owed the money (and I have been owed large sums which subsequently didn't show up), but at the same time I haven't bought a debt for pennies then tried to con someone out of thousands to line my pocket as these ****** DCAs do.

My life has been hell for the past few years, sick with worry, depressed, frightened to answer the door... so I haven't got out of this lightly. As it is, I doubt I will be able to get decent credit for the rest of my life now, at 37, that isn't a good thing.

 

Andy...

 

Good reply Andy!

[laurap]

Hi Andy,

 

Wasn't having a go at you....I did read your paragraph and believe me I know where you are coming from. I was refering to others who seem to think it's a great thing to be able to use the system eg the 6 year rule and not be able to pay your debts..often you see people on here who go on about just a few more months till the last default falls off then they can apply for credit again, when quite plainly they shouldn't be allowed to...someone else always ends up paying for these things. Also if that same system allows you to pay off at a token £1 a month then there is no reason why people pay this instead of ignoring things and waiting for 6 years to pass.

 

Good luck to you in the future and I hope I clarified matters.

 

Regards

[trigot33]

Good luck Robbie! Best keep a low profile until next March I wouldn't answer any letters/phone calls etc from any of these creditors, if any are left chasing. Also its highly unlikely the original CCA's are enforceable anyway!

 

Jules55, why are cca`s not enforceable ? If i have a dca chasing me, is it a simple case of asking them to prove i owe the debt and if so, to provide the ``original` and not photocopied , copy of the agreement ?

if so its good news.

[craigers]

Hi,

 

I appreciate that it's very stressful when you are in debt, but some of the comments suggest that you are some sort of hero for getting out of paying for your debts when you quite rightly owe the money and should have paid up....other responsible people work hard at paying off debts. Good luck to you - I'm sure you have learnt your lesson, but other people on here shouldn't be so happy for you beating the system in this way, it's not moral - how would they feel if iy was them who were personally owed the money?

 

 

 

Well done robbie. The way these companies trash your credit file for 6 years when they feel like it, and the subsequent damage to your life for those six years, it is good to see these institutions screwed. I don't condone non-payment of debt because people don't want to pay, but the damage they do via the cras amounts to way beyond the money owed!

Edited November 28, 2009 by craigers