Confused with defaults on record

[tezza1234]

after having received a CCJ even though i believe the debt to be statued barred (thats a whole nother thread)

 

i looked up my credit record on experian and check my file.

 

Im a little confused,

 

it seems some accounts that i have not made payments on for at least 2 years up to 4 years are not showing as defaulted.

 

Now am i right when i say i thought any account should be marked as defaulted on a credit file 6 months after last payment made or acknowledgement of debt.

 

Why have the creditors not defaulted them,

 

Im guessing its so they cant say the debt is statued barred in 6 years.

 

Here is my thinking in a example below, am i right, is it legal.

 

Should i just ignore it until i know the debt is statued barred.

 

£1000 Debt where last payment was made in 2005

Debt not marked as defaulted until 2011

Not technically statued barred until 2017 but should have been statued barred in 2012

[dx100uk]

there is NO LINK

 

between sb date and defaulted [or not] date.

 

dx

[tezza1234]

if a debt has been on credit file for 3 years and its just going through every month as (1) or (2) in green and orange even though no payments are made, why is it not being defaulted,

 

Until it is defaulted it could be on credit record for way over the 6 years before its supposed to drop off.

[dx100uk]

there is nothing to stop you proving SB

 

and demanding the owner removes it.

 

dx

[tezza1234]

Hi all. Ok so i have gained access to my Call Credit credit file, which is a lot more in depth from the Experian one, and shows ALL creditors of which my experian does not.

 

I have a few PDL from 2011 which i am considering paying back in small amounts.

 

I have a few other account from 2008 so 5 years old now since last payment, should i just leave them to get to the 6 years then they will be SB.

 

There is also a couple on there from 2003 which are still showing as default, they should not be there surly, how do i get these removed.

 

Total creditors 19 of which 12 will become SB in 12-18 months and they rest are only 2 or so years old since last payment.

[Bazooka Boo]

There is also a couple on there from 2003 which are still showing as default, they should not be there surly, how do i get these removed.

 

Contact the credit agency direct and tell them they are to remove the inaccurate data from their files immediately or you will take legal action against them, they are four years out of blooming date!! I would not be happy!

[tezza1234]

Contact the credit agency direct and tell them they are to remove the inaccurate data from their files immediately or you will take legal action against them, they are four years out of blooming date!! I would not be happy!

 

So contact Call Credit, via email or letter, is there a template letter to send. That one from 2003 is CapQuest investments LTD, have they been known as anyone else as i dont even remember or recognise it

[dx100uk]

crapest are debt buyer.

 

dx

[tezza1234]

ok thanks for that, any replies on earlier questions

[BRIGADIER2JCS]

Do you know who the original creditor is for the Capquest acquisition?

[tezza1234]

Do you know who the original creditor is for the Capquest acquisition?

 

Honestly i havnt a clue it was 2003 lol

[BRIGADIER2JCS]

OK for those entries showing as past the 6 year life of the default send the following to

each named company.

 

Private & Confidential

 

The Data Controller

xxxxxxxxxxxxxxxxxxxxx

 

Ref: us the one on the CRA entry:

 

 

Complaint: Inaccurate/Out of date CRA File Entries:

 

Sir/Madam,

 

I refer to entries made by (name company) on my credit reference files held by xxxxxxxxx credit reference agency (screen prints attached herewith) a you will see xxxxx is causing data on defaulted accounts which should have been removed after 6 years, the failure to do so has resulted in obvious impact on my credit 'score'.

 

Given the considerable length of time these damaging default entries have been displayed I consider that xxxxxxxxxxxx must now make financial redress for its negligent conduct in allowing these entries to be displayed.

 

(if these were actually defaulted in 2003 or later a reasonable level of redress is £300 -£500 per year that the old entry has been displayed you need to decide on what you want to do).

 

I now require xxxxxxxxxxx to remove ALL adverse data from ALL credit reference files to which these accounts have been reported, and to confirm in writing compliance with this requirement , together with a substantial offer of financial redress for its negligence.

 

I reserve the right to complain to the ICO and to bring this matter before the FOS.

 

I consider that 14 days from the date hereon is more than adequate time to resolve this matter.

 

Recorded/signed for delivery, check receipt.

r

[tezza1234]

Brilliant, thank you, do you really expect me to get any financial offer lol.

 

There is also another on there where the opening date is 2003 and default date 2006, why is this. I know the last payments made were no later than 2004.

 

Also on some of the more recent debts i.e PDL from 2011 quite a few months are being tagged as (1) or (2) or (u) unclassified, yet no payments have been made. is this right.

[BRIGADIER2JCS]

Yes the PDL entry is what I would expect to see.

The continued display of negative data on CRA files after the limitations period of 6 years is major negligence on the behalf of the company whose name appears on the files and/ or the CRA showing the data.

[tezza1234]

Ok so what about a default date 2 years after account opening.

 

Basically what im asking is

 

If i got a loan in June 2004 and last payment was November 2004 but the default date is november 2007. Should the SB date be november 2010 or november 2013

[BRIGADIER2JCS]

SB date is the date a payment was due and NOT made after which no further payment was ever made.

SB and default dates are not mutually exchangeable.

Defaults placed more than 6 months after the cause of action ( cessation of payments) can be challenged as unfair.

[tezza1234]

Really, so on the example above the SB date is November 2010.

 

So if i have a debt which was not marked as defaulted until 10-15 months after last payment i can challenge it.

[BRIGADIER2JCS]

The ICOs Technical Guidance Clearly states that normally defaults should be placed 'within 6 months of the cause of action'.

[tezza1234]

Normally, so not always, what would constitute a reason not too.

[BRIGADIER2JCS]

There are certain types of account on which it is not considered appropriate to lay down advice on the way defaults are registered.

[tezza1234]

Do you know which.

Also is it ok and proper to go from (1) to default e.g (1) (1) (1) (D)

 

Havnt they got to do it like (1) (2) (3) (4) (5) (6) (D)

[BRIGADIER2JCS]

No it is prerogative of the creditor to decide when it it is appropriate to default the account.

[tezza1234]

Hi, i just need ome clarification please.

 

I know a debt becomes SB after 6 years, which means the debt is still there, its just not legally enforcable any more,

 

 

my question is,

is this 6 years from last payment, or 6 years from the date of default on the credit reference files.

 

I have some debts, which i remember the last payment made was in 2008,

yet on the CR its says default date 2010,

we are talking 2 years difference here from what i know and what they are saying.

 

Thanks in advance

[fkofilee]

This has always been a hot contested topic...

DCAS will say from date of default on the CRF... To expand the life...

 

We say from the first opportunity there was to take legal action from when arrears start accruing on Simple Contract debts.

 

However, let the site team and others have there opinion, Id say the debt is SB BUT... Can we have more info on the account in question?

[dx100uk]

http://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=statute+barred+date&sa=Search+CAG#gsc.tab=0&gsc.q=statute%20barred%20date&gsc.page=1