DCA Fredricksons and Lowells Letters - are they statute barred?

[quiettester]

I would hugely appreciate some advice relating to historic debt on my credit file now shown as in default:

 

Looking on Noddle I have 3 things in default:

The first of which is a small sum with an 'account start date' of 29.10.2007

- this date pertains to the date at which a purchase was made.

This is being shown on Noddle as in in Default (D) every month of this year.

The debt collection agency has written to me but I have not acknowledged their letters nor calls.

They have apparently applied a default date of 29.06.2009 - some 2 years after the credit was obtained.

 

The second of which is again with a DCA, the 'date of default' is 10.05.2010

and on Noddle only one default sign can be seen and

it pertains to August of 2013 (why is this date of default much later than the date of default in which it was originally raised i.e. 10.05.2010??)

 

In both of these debts I have not acknowledged these nor responded to letters.

 

What is the process surrounding a statute barred debt in these particular examples?

Why is the DCA updating the file each month with Defaults

when the original date of default as shown on the report is 29.10.2007 and 10.05.2010 respectively?

 

Account Start Date Date of Default Defaults (2013)?

29.10.2007 29.06.2009 Monthly

24.09.1996 10.05.2010 Sep only

 

The final debt is an unsecured loan taken via a bank on behalf of a partner who failed to pay me back.

 

Start Date Date of Default

01.11.2005 14.06.2009

The defaults are shown monthly. They have written to me 2 occasions since 2005 and I have not written back nor spoken to them.

 

Can anyone advise me on this? Any more information required please feel free to ask me.

 

Yours faithfully.

[renegadeimp]

So are you saying that the dcas have changed the original default date?

 

Double check and make sure its the default date and not the 'last updated' date that has been changed.

[quiettester]

Hi, the last updated date for all three things is recent, September 2013. The actual default dates for each of the things appears to have been a date added by the DCA, so the dates given in my original sequence appear sound. I could upload a screen shot perhaps?

[quiettester]

Yep, the first example shows a default date almost 2 years after the date of when the account started (small credit with a little woods type catalogue).

[ericsbrother]

the SB date will 6 years after the date that the payment became due so about a month after you failed to pay. This means that it will be SB by about dec this year depending on payment terms.

[quiettester]

Thank you Eric'sbrother. Why do the DCA use dates set way after the actual date? What do you think I should do, write to them in jab 2015 of these are still showing on the report?

[dx100uk]

as advised

 

the debt will be statute barred 6yrs from the month after your last financial transaction [in/out]

or signed letter ack'ing that the debt is yours.

 

there is little 'linking' default dates on a CRA file to the statute barring date.

 

don't confuse the two.

 

updating of the defaulted date on a cra file is just that an update,

it should not ever change the original default date in the debt summary.

 

if you think the original default date is wrong..

 

[a default should be place within 6mts of your last payment]

 

then you need to address this issue with the original creditor, not any DCA

that might of brought the debt.

 

a debt will vanish from your CRA file on the original defaults 6th birthday, never to return

paid or unpaid.

 

dx

[quiettester]

I'm totally confused!

Debt claim 1: no actual transactions took place: no letters of acknowledgment were made. I believe the first payment should have been made a month after the purchase: ie November 2007.

Debt claim 2: pertains to an old overdraft from account used by ex partner set up in my name. There has been no letters or acknowledgment of the debt for at least 6 years since when the bank seemed to put it in default in 1995. But the DCA says its default from 10.05.2010???

Debt claim 3:

[dx100uk]

1. so SB'd poss dec 2013

 

2.if the default is 1995 it should NOT even be showing.

[quiettester]

What steps should I take now to remedy this do you think?

[dx100uk]

debt 2?

 

so there is a defaulted date of 1995 on the cra file?

[quiettester]

It doesn't explicitly say that- the debt is from 2005 and no letters etc have been acknowledged. BUT the DCA has put a default on from sep 2013! Appears totally made up. What should I do?

[dx100uk]

so where does 1995 come into this you are talking in riddles...

 

it this debt showing twice on the cra file then?

 

a dca cannot change a default date [are you sure this is not an updated ]

 

and a debt should not be listed twice on a cra file either.

 

if its an overdraft and YOU have not made any transactions in or out in over 6yrs

it will be statute barred

 

dx

[quiettester]

Thanks dx.

 

There is a field in noddle which says "account created date" and this pertains to 2005.

 

Having said this there has been no activity on said account for > 6 years so as per your advice it appears SB.

 

should I send a SB letter to the DCA informing them of this?

 

Their default date has a big red D for the month of sep 2013 so I present they are making things up here.

[dx100uk]

yes send the SB letter

 

that's just a default marker not a default

 

in the debt summary what is the defaulted date?

 

dx

[quiettester]

Defaulted dates are:

For the bank OD which has had no correspondence for over 6 years at the least, it says it is 10.05.2010.

A total fiction this, I feel the DCA has made this up

 

For the other one, they have said 29.06.2009

some 2 years after the account went into default in 2007.

 

Looks like the DCA are making dates up?

[dx100uk]

are you sure these are not updated dates and the summary default date is not earlier.

 

seems like they might be spoofing you

 

dx

[sequenci]

Hello there. I have a quick question regarding the overdraft. Can you remember if/when the bank terminated the overdraft and called in the balance? That could be when the 6 yeras would begin.

[quiettester]

With certainty it's 6 years plus, wonder how I can determine this?

[sequenci]

With certainty it's 6 years plus, wonder how I can determine this?

 

It's difficult over 6 years for sure. The great thing about a limitations argument is that once you've sent the letter , the onus is on the dca to demonstrate that the debt isn't over 6 years old. The ball's in their court, so to speak.