when is a default date set from

[mikedesign]

Hi All recently I had a thought which puzzled me

 

I have read about default dates having gone round and round with DCA'S not being able to supply information I ask for and no acknowledment of debt .

I have noticed that debts sold to DCA'S APPEAR AS A NEW DEFAULT

I had a debt for 150.13p which has escalated to £800 after fees charges etc, I simply refused to pay it as it was all charges etc....no way it was a matter of principle...and they werent happy to argue my claim your charges back claim so I thought stuff you.!!!!!!...........sorry for the rant

 

This was defaulted with the original creditor over 5 years ago recently this debt has been bought by a DCA and a new default for hillsden has appeared on my file,is this even possible? i was just waiting for it to be statute barred as i felt we were at a stalemate (me and the original creditor) sorry if this sounds ridiculous

 

simple case in point IS THAT I have never had any credit agreement in place with hillsden how on earth can I default on it

 

can someone explain exactly when a default date is set by law

 

Thanks if someone could I have been trawling the net with no resultand simply dont understand when the original default date is my understanding was that it was the default date set by the original creditor this no longer appears and i think it was around 2003 but cannot find any trace of it the only thing which remains now are the defaults the DCA puts on my credit file every monthe for 23 months

[cerberusalert]

The default occurs one month after the last payment & according to guidelines should be registered within a reasonable time-frame (six months) of the a/c becoming delinquent. See attached file.

ICO Filing Defaults - version_v3 doc.pdf

[cerberusalert]

the only thing which remains now are the defaults the DCA puts on my credit file every monthe for 23 months

Complain to the credit reference agency & send the DCA this; http://www.consumeractiongroup.co.uk/forum/content.php?413-Letter-to-request-the-halt-on-the-processing-of-your-data

 

Once a debt has become Statute Barred nothing can unbar it & they certainly cannot process your data.

[mikedesign]

so cerberusalert basically the default was registered by the original creditor before being sold on this means the DCA cannot enter one and shouldnt have??

 

thanks for the link but im not bright enough to understand it.the ICO guidlines that is

 

thanks for the reply also

[cerberusalert]

The OC has to register the default & then it can be updated monthly by the DCA. A DCA cannot register the default nor can they add a second default once the original has dropped off your credit file.

[mikedesign]

Thanks Im not sure what is happening as the original debt has gone but there are things on my file from hillsden for nearly 2 years showing D it looks like they have entered their own default

[cerberusalert]

If six years have passed and the original default has dropped off Hillsden should not be updating it. As I said complain to the CRA... send that letter to Hillsden & if you don't get any sense from them complain to the ICO. Technically Hillsden will be libeling you & you could sue for damages.

[huggy41]

found it .

par.52

 

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.

[mikedesign]

thanks very much to you both

[huggy41]

i should have also put that it is 6 years after the oridginal default date made by the oridginal creditor NOT THE DCA

[cerberusalert]

Incidently, has there been a clear period of six years (five if you're in Scotland) where you have made no payment or written acknowledgement to this alleged debt? If so it will be Statute Barred.

[mikedesign]

Thanks cerberus alert I have a question regarding the scotland thing as I am actually resident there .The original debt was taken out when I was living in yorkshire for my job i was a contractor and lived there in the week.

I went home to edinburgh at weekends .I now live in edinburgh again and have done so for about a year and a half im wondering if the six year thing is correct even though i live in scotland if that makes sense

 

also they seem to still be entering a default against a debt they were sold every month and it seems the old default which is on my file is now a new one from 2008 is this legal its the same amount but ill be damned if i need to contact them before april next year i have neither acknowledged or contacted them or the original creditor since our last exchange of words which is april 2005 but they still registered a default in 2008

 

help would be much appreciated