Creditors defaulting years later! Please help me!!!

[Daniel1]

Hi Everyone,

 

I know this is my first post and it's asking for help, but I promise to help others learn from my mistakes and contribute to the forums.

 

Anyway, in mid-2007 I lost my job and decided it would be a good idea to ignore all my debts. Bad move. Since I defaulted in 2007 with ALL my accounts, I applied for a copy of my credit report from Experian to see when exactly my defaults would 'drop off' my report.

 

 

The first issue is Welcome Financial Services. This started as a HP for a car at £235 monthly, then in mid-2007 when I lost my job they said 'no problem, we can bring the payments down to £118pcm - just come in and sign the forms'. Obviously my naivety got the better of me and I didn't check what I was signing. Anyhow I paid that for about 3 months and the ran out of money and defaulted the account. Checking my experian report it says date of default is 12/2011!! They have been adding late payment markers since 2008.

 

1. Can I get this fixed?

 

2. If I contact them now, will they hound me for the debt (although I accept that I owe it) and possibly register a CCJ with another 6 years to go, seeing as I'm a student and definitely won't be able to afford the £5k..?

 

3. Where others have defaulted my accounts, they have sold them onto DCAs with the account added to my file, how come there is the Welcome default and no subsequent DCA account showing? Possibly looking for me still?

 

4. If they do fix the default date - will the clock start from the amended date?

 

Next up is my old Barclaycard, which is now on my file as Lowell Portfolio. They have defaulted me on 08/2009 which is incorrect as I defaulted around 04/2007. Can I get this amended?

 

The last is a CCJ that I didn't know I had. It was from an address I was living at for 6 months and the CCJ was registered when I left! It was for £399 and to Skycard, done at Northampton CCBC. This was in 12/2008. What's the best way to go about getting this settled? I have looked into getting it set-aside but it seems that not giving a new address is not an excuse and I won't be able to go down this route.

 

I have 2 more defaults which are my old bank account which is £3k and with Cabot Financial and the other with Arrow Global for an old contract I thought had ended, there was 1 month remaining, default of £120!

 

What's the best way to go about this? I fully appreciate that I need to take responsibility for my debts and I am committed to repaying anything I can afford but I don't want to start a wave of CCJ papers coming through the post and then having to wait another 6 years for those to fall off. As I said I'm a mature student doing a BA and only receive a student loan, so I have no spare income.

 

I cannot get ANY basic accounts and haven't had a bank account since 2007. I have to get my Student finance paid into my parents account and go from there. Even Tesco declined me for their Savings account...

 

Please help

[BRIGADIER2JCS]

Hi welcome to CAG,

1. The CCJ you can settle and get it marked as such the record remains for 6 years.

 

2. The Cabot account, what was this originally, when was the last payment and or what is the default date?

3. Arrow Global, again lasts payment and default date please

4. Lowell Portfolio, this company has been known to allge that a default starts from the time they aquire the debt.

so with this one you will need firstly to make a CCA request to Lowell to see if they have an agreement, for this a £1 statutory fee is payable they have 12+2 days to comply, use the template from the CAG library for this.

The only way to check if the default date is wrong is to make s subject access request under the Data Protection Act 1998 requiring Barclay Card to provide all the data they hold, there is a £10 stat fee and a fourty day time span.

 

At this late date it very unlikely CC claims would be made.

[Daniel1]

Hi Brigadier, thanks for taking the time to reply.

 

1. Thanks, can I just ask if the judgement amount (£399) is what I will have to pay the solicitors acting for Skycard or would/could there be excess charges such as court fees etc?

** Yes the Judgement order, if there is no mention of interest.

2. The Cabot account was a Halifax current account that was at £1650-ish on an agreed overdraft of £1500. God knows how it got to £3313? Default date 05/2007 - which is a few months after I stopped using it.

 

** Ok any payments or written acknowledgments at any time?? Poss Statute Barred.

 

3. Arrow Global I have never had contact with but this was with Orange on a monthly contract. Default date 10/2007 which is around 5 months after I made the last payment.

 

4. Thanks, I will complete the CCA and send it to lowell. I will reply to this thread with their reply.

** Poss stat barred early this year.

With regards to the likeliness of receiving a CCJ at this stage, I thought they would be more likely to be pursuant of this due to there being only a matter of months before this is 'officially' statue-barred?

 

Thanks again,

Daniel

[BRIGADIER2JCS]

Would be a good time for bthe SAR on the BC, also set yourself up a file for each debt, file all correpondence carefully, when did you last check your credit files and which agency did you use.

[Daniel1]

Ok, thanks.

 

No, there has been no payments or correspondence from me with Cabot/Halifax since I stopped using the account (when they froze it) in early 2007 (can't remember exactly).

 

I will keep a folder for each one, you must know me as I would need telling to do that (currently have assignment notes scattered on the bed!).

 

So, should I concentrate on BC, Arrow and Cabot by requesting SAR from each of them and then sort out the Welcome finance issue after?

 

Thanks again

[BRIGADIER2JCS]

HI, SARs always to the original creditors, then you will get all the data including PPI and penalty charges.

CCA requests goes to the DCA chasing the debt.

[Daniel1]

ahh I see now. I will send them all out on Monday and wait for the replies. The only one I am worried about is Welcome Finance because I think I was paying them up until December2007 (January 2008 at the latest). Shall I hold off contacting Welcome for a few months so it's statue-barred? (is it statue-barred from 6 years after last payment/acknowledgement or default date?).

 

Sorry for all the questions.

[BRIGADIER2JCS]

Yes hold off Welcome.