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    • yes they mostly would be enforceable, but that wasnt the point. even if they get a CCJ the very worst they could have done is get a restriction k which is useless to them. doesnt hurt anything. the CCJ would remain on file for 6yrs yes, but then gone same as a DN. the rest k charge does not show at all. and even so, the idea was to get your debts issued a default notice ASAP, them RESUME payments.. the advise is NOT conflicting, just you don't read things properly or understand.  oh well. dx
    • This is the dilemma I had then and still have it. The bit that stopped me was the post 2015 comments about them being enforceable now in most instances which I feel hasn’t been answered unless I am missing something. the bonus I guess is not all credit agreements now will be chasing me so less people chasing me down so to speak. this is the problem as there is conflicting messaging out there it is hard to plan a strategic way forward 
    • In 2017 my wife was given PIP and I finally, officially, became her carer. In 2019 she was reviewed and we were told it would be done by phone to make it easier for her as she has mobility issues and anxiety. The review was very simple, Has anything changed? No, ok, we'll stay as you are then. In 2022 a second review, this time by phone again but with an awkward given at the end for 5 years. Today, we got a new review letter (I know wait lists are bad, but I dont think the wait will take til 2027 for a decision). We're a bit confused because it's a letter, not a phone call as before. The form is just questions that ask "has anything changed" Now, since 2017, nothing has changed except we had our home adapted via disability grant. This was noted in the phone calls. So we should really write that nothing has changed in the last 2 years. The adaptations have been mentioned in both previous phone reviews, but not in writing so I guess we should bring it up. But we feel that they want us to explain everything as if it were a new claim again... And are worried if we miss something in the original claim or the phone calls she will risk losing part of the award (a 2 point swing could be really bad) It does just say "has anything changed?" But in dealing with ESA prior to getting PIP, answering the question asked "has your condition worsened or improved" at a review process with a simple "no, I'm still the same" somehow led to ESA ending and needing appeal. So just want a bit of guidance. How much detail is needed? Is minimal ok? Or should we be blunt with the fact nothing has changed, and bullet point the things she struggles with in each section?   I know the obvious thing is to just explain it all,but over 10 years the sheer amount of times the poor woman has had ESA or PIP stopped/refused just because something was missed out in their report, or they felt it meant a new claim should be made, or that they judged her healthy because we missed a tiny thing in our forms. During COVID it finally seemed like it was all just going to be smooth, especially with the phone reviews and the 5 year reward, but here we are. We just want to make sure we have the least chance to trip ourselves up, but making sure we have what is expected if you get me? I wish I still had a copy of the forms from 2017, because I could just verbatim copy them and add in about the adaptation, but (ironically) we lost our photocopies we kept of them when the house was being adapted
    • might of been better to have got them all defaulted 2yrs ago as we carefully explained before then you'd already be 1/3rd there and your current issue would not be one.    
    • No doubt the hotel will have security cameras on the floor you were staying to confirm or deny the allegation??   The only compensation you will probably get, which will be discretionary as a goodwill gesture, will be a credit voucher for the entire hotel group. Very much doubt anything more than that as you have not substantiated, the hotel committed the transgression 
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default past 6 years sold on


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No they took £1 and got a lot of information, it was £2 for online instant access, NON of which i received, http://www.equifax.co.uk/Products/credit/statutory-report.html

 

There has been a £1 taken out of my balance in my bank account and i have not spent £1 anywhere so it can only have been taken by these people,

all part of there tricks i believe

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I managed to get a copy of my credit report yesterday,

pretty awful sight

 

well i have a few defaults on my file dating back to 2006, the only thing is that i had written to my lenders back in feb 2006 and told them i wouldnt be able to make payments,

 

so on my file i have had a couple of yellow payments missed, then it goes red with 3, 4 4 4 4 4 4 D so they have a red number 4 for months before it goes to default?

Does this mean they will stay on my file until the D date which is actually 6 months after i wrote to them back in 2006.. my last communication with them...

I was hoping to start fresh now but the my file still has some long time defaults not removed yet.

 

Also looks like a company brought a debt off the bank and have also done the red 3 4 4 4 thing, so the default is well after the actual date it was defaulted..

i hardly want to write to any of the company's concerned as i will in now way acknowledge the debts and i do not want to remind them...

advice please

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If you look at your file it will say what date the default is registered and what date it will be reported until.

 

Well this is certainly not the case with my report, None show a date it will be reported till?

 

So the debt where i have 1 2 D is where i have not paid 3 times the 3rd being the default but i have a credit card that shows its been settled then a firm called lowell? have me down as 4 4 4 4 4 4 for about six months before defaulting me, i have no idea who they are and can only guess they brought this debt,,

 

so does the default start from the FIRST non payment or the first Default that i have received on the file as for some reason my credit history is showing that the debts only defaulted in october when in fact i stopped paying in feb and sent a letter to who ever i owed saying i was not in a position to pay anyone,,

so no contact since feb 2006 but defaults start in october 2006

i am confused

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Lowell are a debt purchase/collection company.

A default is placed when a debtor fails to rectify

a default notice that requiers certain action within

a fixed period eg pay the arrears on a loan.

At that point the account is defaulted and an

entry placed on credit files, this is the DEFAULT Date

these entries are on a credit file for 6 years after which

they are automatically removed PAID OR NOT.

The default date CANNOT be changed.

I think you are confusing defaultt date with a date

indicating when a debt becomes statute barred.

Statute Barred 6 years from the date of the last

payment after which no payment is made or acknowledgment

is made to the debt.

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!

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Thanks for the reply,

 

So the last time i made contact with my lender all that time ago should be my only concern, my debt that was with egg credit card i wrote a letter to then in feb 2006 explaining my difficultys and i was not in a position to pay then anything,

they defaulted me in april 2006 after they put 1 2 D on my credit file, then in may it has a settled on the account?

i know nothing about it, i buried my head in the sand and surfaced only recently to check my file as i would like to restart my life,

then it says i have a default to lowells in october ?

So is the complete thing now statue barred or is the default with lowells still enforceable as that was not placed until oct 2006?

many thanks

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I think that the May settled entry is when the debt was sold,

so the original creditor has been paid for the debt so it's ''settled''.

There can be only one default date for each debt.

If the default is for April 2006 then if no payment or acknowledgment

has been made since then it will be statute barred.

We need to know the EXACT date in April 2006 the default was placed.

Are we talking just ONE debt here?

Or due you mean that Lowell updated the credit file on the debt in 2006?

One debt one default date.

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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many thanks brigadier

Exact date "Default Date 27/04/2006" and having re read my credit file the setteled was in oct 2007 not 2006!?

 

So it is the time i wrote to my lenders in feb 2006 explaining i couldn't pay which was my last contact,, meaning that its statue barred from then not april 2006 when the default was put onto my account.....

And i no longer should worry about the collectors?

I have more then 1 debt but they were all written to in feb 2006 as i had a breakdown lost my job etc etc

thank you for taking the time to reply

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OK it is SB would you like me to draft a letter for you?

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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OK it is SB would you like me to draft a letter for you?

 

Well thank you very much for the offer, as it is i intend to now give my new address to my 1 and only bank that i use.

So should any sharks come after me, should i send letter now then or do you think i should write now?

thank you ever so much Brigadier you are a great relief

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Ok heres a draft to send when your'e ready.

 

To the Compliance Manager

their address#

 

Ref:xxxxxxxx

Dear Sir or Madam,

I write in reference to the debt for xxxxxx which you

allege is owed by mw.

Please take note I do not acknowledge any debt to you

or any company you may claim to represent.

From advice received and personal research I have determined

that any such alleged debt is STATUTE BARRED there for I will

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

You will now cease to process and remove from your records any

and all personal data you hold on me.

I am fully aware of the OFT Guidance on Debt Collection 2003/2011

and the sections on pursuing statute barred debt.

use as and when you want.

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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Ok guys I'm sort of in the same position

 

I have just paid for my file report and one says defaulted in Red on March 2010 BUT..... they say on the Equifax file - Date updated 24/01/2011 but the info given on the left is - Default Date 29/03/2010

 

Does this mean as I stay in Scotland the debt now has another start date from the 24/01/2011 plus another 5 years till it's Statue Barred??

 

-------J F M

2010 - 6 6 D

2009 - 2 2 3 4 6 6 6

Edited by somethingelseplease
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It is just an up date of the files the default date stays the same

creditors are supposed to keep the files updated and accurate.

So no change at all.

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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Thanks mate,

 

My Ex put me in debt a few years ago and took out Clothing books in my name

 

So I was trying to swerve them....or think about paying them ((SIGH))

 

 

One says Current Balance £685 but also on the right it says

Default / Delinquent Balance £370

 

What does that mean? Am I due the £685 or £370 ??

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The default notice was issued to cover arrears of £370 which if paid would

have satisfied the default so as it was not the whole balance is due.

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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  • 7 months later...

Hi all,

i had quite a few defaults on debts to my name but they have all dropped off my credit history now and no ccj's

 

apart from one cahoot bank account overdraught which was 2600 pounds,

 

it has a non payment in the feb if 2006,

then goes in number form up to 6 from 1-6 months,

then it contuines showing number 6 until feb 2007 when it then shows a D

so even though i defaulted in feb 2006 it only shows a Default 1 year later!

 

I also noticed a few searches by debt companys,

is this normal to have a default listed a year later?

 

as i am now nearly 7 years past any defaults and was hoping to get my life in order but it seems i stiill cannot as this one still showing, how odd

any advise

thanks

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Since it will drop off next February anyway, it's probably not worth worrying about. You could write to the creditor and ask them to amend the date but it's likely to be gone before they get around to it, if they agree. If they didn't agree you would have to go to the ICO, which would take at least a couple of months.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Since it will drop off next February anyway, it's probably not worth worrying about. You could write to the creditor and ask them to amend the date but it's likely to be gone before they get around to it, if they agree. If they didn't agree you would have to go to the ICO, which would take at least a couple of months.

 

This really is a most helpful site, thanks very much for your swift responce, i really appreciate it, and i also thought pretty much the same thing as feb i will be clear, only thing now i wonder if i will ever be able to apply for credit again with any of the old creditors that lent me money before? as one day who knows,

Many thanks for your help

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Hi all,

i had quite a few defaults on debts to my name but they have all dropped off my credit history now and no ccj's

apart from one cahoot bank account overdraught which was 2600 pounds, it has a non payment in the feb if 2006, then goes in number form up to 6 from 1-6 months, then it contuines showing number 6 until feb 2007 when it then shows a D so even though i defaulted in feb 2006 it only shows a Default 1 year later!

I also noticed a few searches by debt companys, is this normal to have a default listed a year later? as i am now nearly 7 years past any defaults and was hoping to get my life in order but it seems i stiill cannot as this one still showing, how odd

any advise

thanks

 

Defaults should be placed within 6 months of the cause of action which within 6 months of the date when a pyment was due and no made, after which no urther payment was made, so a complaint yo the data controller of the creditor that placed the default as it is unfair.

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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Thanks again Brigadier2jcs! you have once again helped me out of a bind!

 

I am all clear on the credit file soon then, and i guessed it wasnt right that they could default me a year later!, I doubt i will write to anyone as its only feb 2013 now and i wil have nothing on my credit file,

does this mean i could then apply for a mortgage or would there still be records on the banks i had problems with computers?

cheers

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The fact that this default goes is unlikely to make a great difference to a mortagage application, lenders increasingly look to much longer periods of good++ credit management, so depending on the other factors on your credt files you may need to build a credit profile over a couple of years or so.

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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