Statute Barred legal effective date BC and EGG card now BC

[DavidAM]

My credit record has two 'defaults' registered, both originally Egg cards, but following a CCA request for the original docs they were unable to provide those, so in effect unenforceable.

 

One of the entries is by Barclaycard(£5306) the other (£1285) by a DCA, Cabot,

I've never had any correspondence from at all (though there have been 4 DCA's trying to get money!).

 

Barclaycard registered a default date of 01/03/12, even though the DCA dealing with it at that time was Moorcroft.

 

Cabot registered the other as 24/01/12.

None of these 3 has ever sent any Default Notice of any kind.

 

I understand the legally effective date from which a Statute Bar is applied is either a (lawful) Default Notice, or the last payment made by me to the alleged creditor. That date would be 01/07/11

 

-I have proof that was the last payment I ever made to Egg via CCCS as it used to be, now Foundation for CRE.

 

I now want to get these two 'defaults' removed from my credit record

-I know they will 'drop off' in a few months time,but I want to act now.

 

How should I go about this?

Thanks for any help!

[dx100uk]

the statute barred date is nothing to do with files showing on a credit report or not.

its the defaulted date that is gov'n of that.

 

if you think these are wrong

then send the original creditor a letter with proof of last payment and get them to correct it.

 

a DCA cannot default your file

it would have been defaulted by the original creditor before sale.

[DavidAM]

Hi dx. Many thanks for your help. So I am right in saying its the date of last payment. I will do as you advise.Should I send one of the template Statute Barred letters?

 

Sorry I forgot to ask-how can they register a default if no Default Notice was issued??

[dx100uk]

sorry what has statute barring got to do with this?

you said you want the defaults moved.

 

there is no link between defaulted date and statute barred date.

 

if the defaulted dates are incorrect then send proof to the original creditor of your last payment date and ask them to correct it

 

typically and going by the Information Commissioners Office rules/guidelines applicable at that time

a default should be registered within 3-6 months of your last payment

 

as for the default notice

they would have sent one but i'll suspect you moved and didn't update your address

however, there no requirement to send a DN to default a file anyway

[dx100uk]

^^updated

[DavidAM]

Sorry.

I was under the impression that if a 'debt 'is SB, it should be removed from my credit record.

 

Further to that,

I understood that these will disappear from my record as soon as the 6 year period from Default date happens??

 

If that is true, there is a connection between SB and default dates on my record??

[BankFodder]

Hi dx. Many thanks for your help. So I am right in saying its the date of last payment. I will do as you advise.Should I send one of the template Statute Barred letters?

 

Sorry I forgot to ask-how can they register a default if no Default Notice was issued??

 

the limitation period begins from the date upon which the cause of action arose. In respect of a contract for the repayment of money the cause of action arises on the first occasion that a payment fell due but was not paid. That is the breach of contract and that is the date of the breach.

 

The limitation period has nothing to do with the date of the default. There are lots of examples of companies issuing defaults sometime after the failure of a payment. If the six-year period ran from the date of default, it would be very easy for companies to manipulate the six-year period so that it never ran out – simply by never issuing a default notice.

 

Count six years from the date of your last missed payment – or from the date upon which you last acknowledged the debt, whichever is the later of the two.

[DavidAM]

Thanks dx. I understand exactly your explanation. All I want is to get these 'defaults' off my credit record. Is it correct that they will automatically be wiped off after 6 years?

[dx100uk]

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, paying now or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

This is so that someone who continues paying something

- even after 6 years from default

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

and ends up with a clean file after 6 years.

[DavidAM]

Thanks. So I will now write to BC and get them to change the 'default date' to my last payment.Presumably they will then have to change my credit record accordingly and then these will disappear from then.

[dx100uk]

last payment date is not the default date - that is the statute barring date.

go read post 4 again

[DavidAM]

If i do as you say, count 6 years from my last payment, then that brings it to yesterday, 1st July.

But the credit record doesn't know that, so they're still there.

 

Forget default date, I get that.

 

So do I have to query the entry direct with Experian etc,or write to BC?

[Sidewinder]

You will never get the default date changed - they can quite lawfully be placed sometimes many months after the last payment date, and it will vary from lender to lender how long it is left before they issue a DN.

 

As DX says the default date has no relevance to the SB date whatsoever. The debt will drop from your file 6 years after the DN date, and the matter of exactly 'when' a DN was issued will only be relevant if the OC or DCA tries to say that a debt is not SB due to the default date - THAT is when you can argue that the cause of action accrued with the first missed payment (subject to any T&Cs in the agreement relating to termination or early demand for repayment). Until then the SB date and DN date are virtually unrelated

[Sidewinder]

If i do as you say,count 6 years from my last payment,then that brings it to yesterday,1st July. But the credit record doesn't know that,so they're still there. Forget default date,I get that.So do I have to query the entry direct with Experian etc,or write to BC?

 

The count is from the first MISSED payment as that would be when the T&Cs were breached and the lender could instigate action to recover the debt

 

Forget querying the entry unless you actually have a DN with a different date on it. If Moorcroft were chasing then this would have been on behalf of the OC as they do not purchase debt, so the OC may well have issued a DN only after Moorcroft were unsuccessful and returned the debt to Barclaycard. BC then issued the DN before selling the debt to Cabot

 

Has there been a claim issued by Cabot? If not then let things lie - don't poke a stick at it

[dx100uk]

you are still NOT reading post 4 correctly david

everything is explained there quite clearly.

[ericsbrother]

the default date is effectively when the creditor chucks their hands up and accepts that you arent going to be paying.

 

It is normally after the date the last payemnt was due by a goodly amount because they like to think that you will be trying to keep some relationship going to avoid the defaut appearing on your file.

 

This means the process is open to abuse with at least one company not defaulting a debt until 5 years after the event just to trash the credit files of the debtor.

 

This again is a dubious strategy but companies are more inclined to claim they are trying to work something out to push the default date along by a good bit

[DavidAM]

Thanks ericsbrother. When dx posted "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, paying now or not.

Would that apply to a CCJ I am still paying?

[dx100uk]

the CCJ and the default are 2 diff things

no the default expiry wont remove a CCJ

 

 

CCJ's show in the public info section

but the same rule applies.

so insert CCJ in the rule where default was

[DavidAM]

Got it.Thanks dx