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    • 1.The Defendant contends that the particulars of claim are vague and generic in nature. The claimant even fails to refer to an agreement number. Therefore the defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. Paragraph 2 is noted. Whilst I have had dealings with Barclays Bank UK PLC given that claimant fails to refer to an account number I am unaware what agreement the claimant wishes to rely upon.   3.Paragraph 3 is noted although without knowledge of which account the claimant refers to I can neither admit or deny the receipt of a Default Notice pursuant to sec 87(1) CCA1974 being received.   4. Paragraph 4 is noted but again as above I am not aware of what agreement the assignment refers to.   5. On receipt of this claim I requested information pertaining to this claim from PRA group (UK) Limited by way of a CPR 31:14 request sent via 1st class recorded post on 06/06/2024 and further to the above I sent PRA group UK Portfolios Ltd a section 78 request via 1st class recorded post on 06/06/2024.   To date, PRA Group Uk Portfolios Ltd or PRA group (UK) Limited are yet to furnish me with the requested information  and therefore prevented from enforcing the alleged agreement.   6.Therefore with the court’s permission the Claimant is put to strict proof to evidence and :   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Trick question: how long does a 6 year default last??


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Hi

 

This is not a trick question.

 

Around Nov 2007 (or it could have been Nov 2008) four defaults were registered against my name.

They all hit my account around the same time as I had gone through a Debt Management Company.

Last year, I settled all four defaults and they are registered on my Experian report as "satisfied".

 

During the last few months, I have been trying to obtain a mortgage and it was then that I realised that the default dates

have been changed and instead of coming off my file on or around the same time,

there is a difference of one or two years so effectively I will have defaults registered until 2016!!

 

I contacted Experian who said that although at the time the defaults were registered by the same lender,

as two of the accounts were passed to collectors they can effectively "restart the clock" on my defaults

- so regardless of how many years the default had been on my name,

they would have re-registered it when the company took over the debt. Is this correct?

 

If so, doesn't this mean that I could have the same default registered for over 6 years??

How can this be right?

 

According to Experian this is legal!!!

 

Please tell me their wrong :!:

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I had similar with Halifax reported this to ICO and they said only 1 default date on an account if the debt is passed to a dca they can change the name of the creditor to their name but the default date must be the same as old record.

 

I had this with an account I had with Halifax they just added a second record to my CRA file for the collections debt with a default date from when collections got the account.

 

ICO ordered them to have only 1 default and that default had to have the original default date. They also had to pay me £50 compensation.

 

dpick

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yep

 

the default date CANNOT CHANGE

 

it can be updated, but that still means the whole account will vanish on the original defaults 6th birthday.

 

you paying the debt, wont have any bearing on when it goes.

 

All references to a defaulted debt must be removed from your credit files

after 6 years has passed from date of default

- whether paid off or not.

This is so that someone who continues paying something even after 6 years from default

should not be at a disadvantage as to someone who pays nothing after default

and ends up with a clean file after 6 years.

once a debt has fallen of due to this reason, it can NEVER return.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you James. Thats the problem when dealing with the "experts" you expect them to know and give you advice. I did challenge the person in Experian at the time and said that it didn't make any sense. The additional problem I have is Experian said they were unable to see when the defaults were originally registered - apparently they can only see what I see (??) and was unable to look at my records from 2007/8 to see when the defaults were first registered. Once again, I suspect this is not the case. Are you able to confirm?

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Retraining, the operative should have been properly trained before being allowed to advise the public, some would have believed the information and let it ride.

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

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So true! Its a shame but these days I tend to challege the majority of the "advice" given by the "experts" as I find that the advice that is given is not the actual case. Half the time, its because they do not have the information and believe by saying something is better than admitting that they don't know. I just go by my moto....if it doesn't make sense then its probably not true. :-)

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Thank you dpick - this is really helpful. Just checking...but who is ICO?

 

 

Information Commissioner :)

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Good Idea a formal complaint to the ICO and they will investigate but it takes a considerable time.

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Good Idea a formal complaint to the ICO and they will investigate but it takes a considerable time.

 

 

Hi Brigadier2JCS, thanks for your post.

 

However, on the advice given by JamesJ I have written to customerrelations@uk.expe rian.com

who have responded promptly and confirmed the advice that everyone has given

i.e. the date should not change on a default which definiately contradicts the advice initially given by an "advisor" from Experian.

 

At this time I'm content with the course of action they are taking so I'll wait to see the outcome before I take it further.

 

However I do know of someone else who is in a similar position but their default was due to end in a couple of months

and the debt was passed to a collection company who promptly re-registered the debt

- effectively meaning the same default would be registered for 12 years!!

 

Of course I've passed on the knowlege I've acquired from my query.

 

However, a big thank you once again to the advice given by everyone.

 

This is the only site I can rely on for advice that I don't have to challenge! :-)

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DCA's will try and get away with anything to spoof people

 

a default date cannot be changed.

 

many times you find people are confusing the 'update' default info with the org date.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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DCA's will try and get away with anything to spoof people

 

a default date cannot be changed.

 

many times you find people are confusing the 'update' default info with the org date.

 

dx

 

How true date last updated must not be confused with the default date.

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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  • 3 weeks later...

Sorry for jumping in here guys.

 

Would this also be true for a ccj, ie 6 years and it falls off your credit file regardless of if its been satisfied or still being paid off.

I was under the impression that once it falls off your credit file after the 6 year period it should never re appear.

The following links seem to confirm this ie

 

http://www.justanswer.com/uk-law/6fdmd-ccj-held-record-years-date-entered.html

 

http://www.debtquestions.co.uk/debt_forum/viewtopic.php?f=7&t=30668&p=224184

 

Thanks for any advice and sorry for jumping in on the thread.

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A ccj falls off after 6 years but remains payable. It doesnt become sb but if the creditor hasnt taken any wction on the ccj in those 6 years then they'll find it difficult to get enforcement orders.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Default entries are removed on the 6th Anniversary of the default paid or not, there cannot be further reporting on these accounts.

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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My main issue with the CRAs at the moment seems to be their 'linked' addresses, they appear to have linked me to the entire block of flats I live in, even though I have no financial connection with anybody in this block.

 

They also cannot properly identify me because I have opted out of the edited council tax register - clearly in my case they are not fit for purpose.

 

If the Experian rep can contact me about this issue I would appreciate it. I need to sort out the mess on my files and make sure that I can get some benefit for having repaid a load of debt!

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