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DawseyY2K

When a Default can be applied.

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Hi, I recently have been chased by an old debt that I have disputed from the start, I now believe the debt to be time barred making last payment sometime before November 2005.

 

Original help: http://www.consumeractiongroup.co.uk/forum/showthread.php?276006-Hutchison-3G-Debt-and-Default&p=3766015#post3766015

 

I signed up on credit Expert and found the only bad thing left on my account was this Debt. Apparently time barred or not the debt will stay on my credit file for 6 years.

 

The issue lies here...

 

Last Payment: Before Nov 2005

Default Date: 19/01/2007

 

 

I phoned credit expert they told me a default can be applied after 8 consecutive non payments. Lets say last payment was in October, possibly before then, I don't have the exact date, that would mean they defaulted me 15 months after last payment.

 

Can they do this? I want to try get it removed from my credit file.

 

Credit expert just told me to query with them.

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All companies have different systems for when the place

defaults, the guidance is that the default should be place

no more than 6 months after the cause of action (missed payments).

The above is only guidance the only way forward is to contact the

creditor that placed the default and ask for it to be corrected to an

earlier date.

As it satnds at present there is no reason to remoce it.

Was this a debt sold on to a debt collection agency?

Who is the creditor that placed the default/

It may be necessary to make a subject access request

to the original creditor to check the reason for the ''late''

default.


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All companies have different systems for when the place

defaults, the guidance is that the default should be place

no more than 6 months after the cause of action (missed payments).

 

Guidance by who... the office of fair trading? any idea where I can find a quote of that?

 

Was this a debt sold on to a debt collection agency?

Who is the creditor that placed the default/

 

yes its been sold onto several over the years.

 

Haven't a clue who placed it... I had assumed Hutchison 3g.

 

Who would I send the subject access request too?

Edited by DawseyY2K

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They will be well aware of the guidance but the problem is it is just guidance.

 

The SAR should be sent to the original creditor.


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I wonder if I contact the office of fair trading if they would push some weight around.

 

I wonder how long it would take them... Default gets wiped in January anyway.

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The OFT doesn't investigate individual complaints

from the public all ''complaints'' are logged and

the considered when the company has to renew

their CCL or there is sufficient information for

them to revoke the licence.

Exhaust the formal complaints procedure before

any further action.


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So the only thing I could say is that

 

The OFT/ICO states that defaults can be issued no more than 6 months after the cause of action. Your default was issued 15 months after cause of action. Could you please amend the default date to a fairer time period as this is effecting my ability to get credit in my adult life. ?

 

perhaps reference the above document. I wonder if I should contact the original creditor or the person its been currently sold onto?

Edited by DawseyY2K

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as this is effecting my ability to get credit in my adult life.

 

Were you under eighteen when you obtained credit?


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Well no, not quite 1/12/2004 was the date I started the contract... would of made me 20. 28 now and mortgages are on my agenda.

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To comply with the ICO they must process the correct data. Registering a default 15 months later is not a true reflection of the the information, it should be marked one month after the cause of action but not later than six months given the ICO guidelines. A complaint to the ICO may be in order if the creditor doesn't amend the default date.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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To comply with the ICO they must process the correct data. Registering a default 15 months later is not a true reflection of the the information, it should be marked one month after the cause of action but not later than six months given the ICO guidelines. A complaint to the ICO may be in order if the creditor doesn't amend the default date.

 

brilliant thanks, so I need to contact 3 directly for that one right?

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Yes & ask them for their complaints proceedures.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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AS to the point on SB it is certainly out of time IMO they are atempting to

uses the default date as a basis for their claim that bthe debt is not SB.


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reposting... my last post seems to have disappeared???

 

Got a reply

 

Dear Mr,

 

 

Thank you for your recent email regarding your account with our client Lowell Group.

 

Further to your email, please be advised that this debt does not qualify as statute barred. Please find details of your account below.

 

The outstanding balance of £xxx relates to an account with Three Mobile. The mobile number linked to this service is 77777777. This account was opened on 01/12/2004. A last payment of £yyy was made on the account on 26/08/2005. The account defaulted on 19/01/2007 with an air time debt of £zzzz.

 

The account was placed with Advantis for collection on 02/03/2012.

 

We politely request that you contact us within 14 days in order to arrange repayment. Please note, if we do not hear from you within this time period your account will be automatically returned to our collections process.

 

If you have any questions or queries regarding your account please do not hesitate to contact us on 0844 55 65 440.

 

 

Kind regards,

 

Ok I got a reply... i guess this is some sort of automated response with a few of my details slung in... interesting they said last payment was 26/08/2005, thats months before my guess. Great news.

 

So what should my response say?

 

My first letter was

 

Dear Sir/Madam

 

Advantis Reference:

Client Reference:

 

Your company has contacted me in respect of the above account which you claim is owed by myself.

It is my understanding that under the Limitation Act 1980 Section 5

 

"an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that

 

"it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that

 

"continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

 

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

I look forward to your reply.

Yours faithfully

 

Its like they have totally ignored my letter.

 

I also need to let them know, as they have pointed out my exact date of last payment they have illustrated the fact the default was applied to my account practically a year and half (17 months) after last cause of action. This is not a true reflection of the the information and the Information commissioners office stipulates a default should be marked one month after the cause of action but not later than six months.

 

not quite sure how to word it though.

 

Should I resend the letter and add something about the default date?

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Dawsey I unapproved your post as all your person details and account numbers were showing


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Cheers thanks... I noticed that after and removed it all :D

 

So does anyone have a clue as to what I should do... resend them the letter or is there a next step for harassment or something?

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Well the debt is stat barred imo last payment 26/08/2005.,

they are right that the default will stay until next year, but

is is oen to challenge I think regarding the length of time

berfore registering the defult'

Send this letter by recorded delivery to the Compliance Manager,

 

The Compliance Manager

xxxxxxxx

xxxxxxxx

 

Ref: xxxxxxxx

 

Dear sir or madam,

 

I write in regard to the debt that you allege is owed by me,

please take note I do not acknowledge any edbt to you or any

company you claim to represent

 

I have from advice received and person research determined that

this debt is statute barred, given the information that the LAST payment

is stated to have been made 26/08/2005 the debt is sttatue barred and

I will not be making any payment of offer of payment now or in the future.

I am sure you are aware that a late placed default, sale or assignment of

a debt DOES NOT START A NEW YEAR PERIOD.

 

I believe that this situation has been a deliberate tactic to attempt to deceive

me on the status of the alleged debt, therefore I am reporting the matter to

the OFT and ICO immediately.

 

You are doubt aware of the OFT Guidance on Debt Collection 2003/2011,

and in particular the sections on statute barred debt and you will now cease

to process all data relating to me with immediate effect.

 

Try that.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Thanks sent it... I assume it would of been Three who defaulted me, I'm going to try contact them directly to get that removed.

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I've also sent the following letter too Executive.Office@three.co.uk

 

Dear sir or madam,

 

I write in regard to the debt/default that you allege is owed by me, please take note I do not acknowledge any debt to you.

 

Debt Allegedly owed is for £501.54. The mobile number linked to this service is *********. This account was opened on 01/12/2004. A last payment of £167.43 was made on the account on 26/08/2005. The account defaulted on 19/01/2007.

 

Credit collection Agency's are contacting me on your behalf and continue to harass me for a debt that is legally time barred. Last cause of action being dated 26/08/2005.

 

In addition to this, you have defaulted my account practically year and half (17 months) after last cause of action. (26/08/2005 - 19/01/2007)

 

To comply with the Information Comissioners Office you must process the correct data. Registering a default 17 months after last cause of action is not a true reflection of the the information, it should be marked one month after the cause of action but not later than six months stipulated by the ICO.

 

I would like the date of default to be amended and would like to know your complaints procedures. Failure to amend the default date will escalate the complaint to the ICO.

 

Kind Regards

 

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can anyone tell me if section 40 of the administration of justice act has been repealled

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can anyone tell me if section 40 of the administration of justice act has been repealled

 

I think not.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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oh didnt think so iv had a letter from a dca saying that this section of the act has been repealled.i sent them a sb letter and that was part of their reply

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oh didnt think so iv had a letter from a dca saying that this section of the act has been repealled.i sent them a sb letter and that was part of their reply

 

I presume you mean the OFT guidance that to continue to pursue

an SB debt may amount to harassment, personal I never have used

in SB letters as it is only guidance for all that's said.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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yes thats it i know it is only guidance but these people seem to totally disregard even the guidelines

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