HELP please: Default notice issued 51/2 yrs later

[ginger whinger]

Hi All

 

I defaulted on a debt in 2007/2008. the company is LPF ( littlewoods finance which i believe was run by barclaycard).

 

today i received a letter saying they have been reporting inaccurate information about me and that they are now issuing a formal demand on me for £6,881.43.

 

they also state that they are going to issue a default notice dated as from december 30th 2008.

 

looking at a copy of my credit file from last year the account is shown as default / delinquent balance £6,308. date updated 16/07/2013.

 

yet all the sums from 2007 show £4,500 from march to december 2007 and £4,500 from jan to october 2008.

 

there is nothing shown from november 2008 up to the present day ??????

 

where do i stand ?????

 

also at the bottom of the letter is states that LPF is a trading name of Solution Personal Finance Ltd and the creditor is Barclays Bank Plc.?????

 

what do i do /

who do i write to ?

 

i was hoping the statute of limitation would kick in in december this year if i do nothing, is this still the case ?????

 

anyone help please ??

[Andybars]

There are two issues here - one is the default notice and your credit file, the other is when is the account statute barred.

 

If is you suggest in our email they are going to issue a default dated December 2008 then this will drop off your credit file in December 2014 - it will mean your credit rating is worsened between now and then.

 

If your last payment or acknowledgement of debt was around the same time then this will become statute barred in December 2014

 

In terms of the figures being inaccurate, my won view is that you submit a CCA Request to Barclays (who ran the LPF credit cards). This should get you a copy of the credit agreement and a statement of account to demonstrate where the figure has come from. I personally would be raising a complaint about inaccurate credit information being recorded and escalating this to FOS / The ICO - I always view attack as the best form of defence. Others on here may suggest that you should correspond as little as possible regarding the account in the hope of no further action before it is statute barred - which approach is best for you depends on your circumstances and also the subsequent approach of LPF.

 

Whichever approach you go for, please make sure that you head all correspondence "I do not acknowledge any debt to your company or any company that you represent" and make sure that if you send a cheque for £1 for the CCA request it is clearly noted as -cheque for statutory fee only - NOT TO BE USED FOR ANY OTHER PURPOSE

[BRIGADIER2JCS]

You need to get an up to date credit report for start.

What is the actual default date on the report you have now? (not the date updated).

[ginger whinger]

Hi Brigadier2jcs

the credit report states that the start date is 25/04/2003.

date last delinquent 02/2014

there is no default date in it at present, it just states in arrears. updated 17/02/2014.

 

also there have been two trace searches by CABOT and one by Robinson Way , i have not authorised these searches can i do anything about that ?

 

any assistance please would be grateful ....

[BRIGADIER2JCS]

Hi Brigadier2jcs

the credit report states that the start date is 25/04/2003.

date last delinquent 02/2014

there is no default date in it at present, it just states in arrears. updated 17/02/2014.

 

also there have been two trace searches by CABOT and one by Robinson Way , i have not authorised these searches can i do anything about that ?

 

any assistance please would be grateful ....

 

 

Ok not defaulted yet.

 

 

Cabot (debt purchaser) have been using RW (debt collector) to manage accounts they have purchased.

 

 

As to the searches the authority for this is derived from the original contract/agreement signed which will have stated that the account can be sold or assigned for collection to a 3rd party which inherits the rights and obligations of that agreement, so there is nothing to be done about this.

 

 

The only reasons for challenging searches is if they are numerous and frequent or it is clear that the person being checked is not the debtor they seek.

[ginger whinger]

Hi Brigadier

So when they put the default on and date it december 2008 am i right in saying it will drop off in december 2014 and it will be statute barred ....?

 

also what happens if they take me to court in the meantime and apply for a charging order on my home .....can i fight it ?? if so how ??

 

can RW apply for a charging order or does it have to be littlewoods themselves ??

[BRIGADIER2JCS]

The default date and the statute barred date are not the same, a debt can be removed from credit files before it becomes statute barred.

 

 

Just because the debt is gone from CRA files does not mean it is not collectable.

 

 

The limitations period starts when the creditor can demand payment of the debt, on a credit card/unsecured loan this would be at the breach of contract i.e. cessation of contractual payments and no written acknowledgment of the debt for six clear years.