lots of defaults......

[mssmorris]

Hi, 

 

Thanks for any advice I receive in advance. 

 

If I am honest I haven't really cared about my credit file until recently and am just looking for some advice after signing up. I was in a stupid financial position a few years back, i was a fairly typical teenager who didn't care about debt etc but fortunately I have grown up and am looking to improve this. 

 

I have three defaults on my credit file, from February 2014, June 2014 and May 2015. 

 

My question is about what happens when these are removed. I understand that the defaults are removed after 6 years?

 

But let's take the February 2014 one as an example.

In a couple of months time the 6 years will be up on this.

 

At the moment on my credit file it has a default for every single month since that date.

In February, does the whole thing get removed or just the first "little red default".

 

So will it actually take 6 years for all these defaults to come off or does the whole debt get removed?

 

Thanks

S

[BankFodder]

I think it will be very helpful to let people know more detail about these debts.

Who is the original creditor? How much was the debt for? When was the debt incurred? When did you last make any payment or acknowledgement of the debt

[dx100uk]

forget the calendar markers

its the debt summary line that's important.

 

if it has a defaulted date the whole account will be removed regardless to paid off or not or paying or not.

then your score will start to climb.

 

doesnt mean the debt is not still owed mind!

 

yes more info please:

original creditor

credit type

who owns it now 

outstanding

last payment & to whom

 

[mssmorris]

Thanks to you both for you replies and apologies for the delay in responding. 

 

On my credit file, it says the defaulted dates are the ones in 2014 and 2015 as above. 

 

The creditors are

a Water Company,

a Mobile Phone contract and

a Gas/Electricity Company.

 

To my knowledge, the first two are still owned by the original creditors, the third one is owned by a third party (Lowells). 

 

It was all direct debits that I didn't pay at the time.

The amounts outstanding are £260, £465 and £670.

I haven't made any payments since the default. 

 

Thanks

S

 

 

[dx100uk]

the old lowells utils bill will undoubtedly be bogus or not now enforceable

 

the mobile will be bogus monthly charges on a contract till its end that you didn't even use or could.

I doubt you'll hear about those again

 

as long as they have your correct address unless they poke you 

don't poke them.

 

the water co....is this for your current property or an old debt from elsewhere?

 

 

 

 

[mssmorris]

It's for an old address, I moved about 5 years ago and I haven't heard anything from them. 

 

Morally I was thinking of paying the water bill at the very least. 

 

Thanks for your help anyway, much appreciated

[dx100uk]

regardless by whatever letter if you have MOVED and not WRITTEN to the owner of these debts .

.you MUST telling them of your now current and correct address.

else you risk backdoor CCJ's you'll know nothing about.

 

 

[mssmorris]

dx100uk - Sorry I don't understand your above comments. 

 

Is the debt still statute barred even if I haven't told them my address? I know if they have a CCJ this isn't the case, but if we presume they haven't?

 

What is a backdoor CCJ?

 

Thanks

S

[dx100uk]

a backdoor CCJ is one served to an old address whereby you have never informed anyone in its chain you have moved .

the 1st you know about it is viewing your credit file

or bailiffs at your door.

 

these are called roboclaims, as everything is done automictically by the debt owners pc system and sent to northants bulk which is again an automated system, no human sees or checks anything, so a debt being statute barred or not is totally immaterial.

[mssmorris]

There is nothing on my credit file regarding any CCJ's, just defaults. 

 

[dx100uk]

not yet no

but you need to protect against getting a backdoor CCJ..

[mssmorris]

I was under the impression they could no longer get a CCJ once the debt become statute barred?

 

I don't think the company in February are going to bother. The one from 2015 I am going to pay off so I won't have to worry about a CCJ. I guess the third one could be a concern. 

[dx100uk]

as carefully explained in post 9..

how does the court know or check its statute barred?

[mssmorris]

I have no idea, to be honest not clued up on this sort of thing. 

 

I presume the court cannot check. But surely they cannot obtain a CCJ if the debt is statute barred? If they get one because the court doesn't realise, surely I can then go and defend that?

 

 

[dx100uk]

grr go read post 9 carefully...

 

how can you defend a court claim you would know nothing about?

how does the court know the debt is statute barred when it is not defended?

[mssmorris]

You have been helpful and I genuinely appreciate the advice, but there is no need the patronising. 

 

This is Post 9:

a backdoor CCJ is one served to an old address whereby you have never informed anyone in its chain you have moved .

the 1st you know about it is viewing your credit file

or bailiffs at your door.

 

these are called roboclaims, as everything is done automictically by the debt owners pc system and sent to northants bulk which is again an automated system, no human sees or checks anything, so a debt being statute barred or not is totally immaterial.

 

how can you defend a court claim you would know nothing about? 

how does the court know the debt is statute barred when it is not defended?

 

My answer to the above is that whilst I could not do anything against the CCJ initially, I thought I would be able to get it set aside and appeal on the basis it shouldn't have been given in the first place?

 

Or is the answer than once a CCJ is obtained you can do nothing about it even though the CCJ should not have been issued in the first place. 

[dx100uk]

ofcourse you can set it aside but it will cost you £255 and hassle and not 100% guaranteed. 

 

for the sake of a 2nd class stamp why not write to debt owners and inform them...100% guaranteed to protect you..

 

simple logic.

[mssmorris]

Fair point, but what if they take it to court before it becomes statute barred?

[dx100uk]

logically again

if you dont tell them where you live now

you'll never know

and be in an even worse position to set it aside as its not SB'd then is it..

 

dx

 

[mssmorris]

I just think they are more likely to take it to court if I suddenly get in touch and tell them where I live... Just logic IMO

 

To be honest it's just one company anyway. One already know and I am going to pay the second one off. 

[dx100uk]

your gamble...

 

but there are 100's of backdoor CCJ threads here ...

 

water companies do them

mobile debt will be sold on to the likes of lowells

lowells own the electric bill already too

 

there are also numerous examples of recent of lowells issuing a claimform for merged debts too.

 

you really should be using our search top right and reading up.

 

as said earlier, most mobile/util bills sold to dca's can be battered away,

better to do that before they issue a backdoor claim to an old address

 

they must abide by the pre action protocol and send a letter of claim 30 days before a court claim.

its then you deal with it via disputing their figures/enforceability.

but if they don't know where you live now that will goto an old address as will a claimform removing your right to question.

 

enough said 

going around in circles.

head in sand is no longer the way to go these days

that went out the window years ago.

never run from debt.

[mssmorris]

I agree that burying your head in the sand isn't the way to go, I never said it was. 

 

Out of the three debtors, only one doesn't know where I live. In fairness, that does mean I would be vulnerable to a "backdoor CCJ". I didn't know what that was. 

 

I was young when this occured and am trying to improve my life.

 

Thank you for patronising me and being rude for not being an expert on debt (I thought that may be a good thing!). You have however provided some good advice so I do appreciate that. 

 

But, I did only ask one question - "will it actually take 6 years for all these defaults to come off or does the whole debt get removed?" So the rest of this has been pointless to be honest. 

[dx100uk]

posts are not only made in relation to your situation

they are made to inform future readers finding and reading your thread because the title is like their situation but which might be diff to yours.

 

glad to help, 

a defaulted account is totally removed from your credit file on the defaults 6th birthday.

that doesn't mean the debt itself is not still owed as payment/acknowledgement might have been made after the defaulted date

so the debt situation is thus not necessarily resolved, hence the warnings/explanations.

 

dx

[mssmorris]

Thanks for all your help. There hasn't been payment/acknowledgement and I am going to let one run down but will deal with the other two as suggested. 

 

Cheers again

 

S

[London1971]

1 hour ago, dx100uk said:

logically again

if you dont tell them where you live now

you'll never know

and be in an even worse position to set it aside as its not SB'd then is it..

 

dx

 

I had 3 CCJ's from thinking it was a great idea not to inform my creditors of my current address. All of them could have been easily defended if I'd known. Be warned!