Date of default hitting 6 years. What do I do now?

[Denise11111]

Hopefully, someone can help me....

several years ago I went through a bad break up and ended up with 2 different debts with Lowell due to my ex.

Instead of arguing the debts I put my head in the sand and ignored them. 

 

The first debt is for £2,983 and the 2nd one is for £636.

Lowell have stopped sending me letters about the big debt, but they still send me "threatening" letters about the small debt.

Both debts have a default date in 2014, which means they will have crossed over the 6 year limit this year and should go off my credit file as I have not communicated with them? 

 

I am worried Lowell (OR the actual company they bought the debt from?) will go legal before the 6 years have passed (in particular with the big debt), but I have not informed the actual companies of my new address.

 

My questions are:

1. What if they send the court letter to an old address and I don't receive it?

The "chase letters" have gone to my new address - does that mean I will get the CCJ to the new address, or is it not Lowell doing the CCJ *is it the original company?

What happens if they send the court order to an old address and I never receive it - what's the worst that can happen? 

 

2. What is the likelihood that they go legal? 

 

3. Will the debt just go off my credit report naturally when the 6 years are up or do I need to do something? 

 

Thank you!! 

[London1971]

Please , immediately write a letter to each one informing them of your correct address. I mean today if you can. 

Do you know when the last payment to each account was made?

[Denise11111]

Hi, thanks for answering.  Im worried if I write to them now, they can put a new default date from todays date (as I have not had contact with them since 2014 - last payment was done in 2014 -  they have to remove the debt after 6 years dont they if no contact since then? 

[London1971]

No powers to do that. In fact a DCA doesn't really have very much power at all.

 

6 years since the default date then it's statute barred.  But you still need to inform them of your address otherwise they can send you a claim form and you won't know about it and therefore won't be able to defend it.

 

 

[Denise11111]

Hi again, is the debt statue barred from the date it went into default, or from the date I took out the "loan". 

[London1971]

The date it defaulted plus 14 days, unless a payment was made after the default date, then it would be 6 years from the last payment.  Do you have the actual default date?

[dx100uk]

the most important thing here is to write to all your debt owners on any debt that let's say you last used or paid something on in the last 7 yrs to be sure of no backdoor CCJ's. 

 

once the defaulted date the original creditor registered in the summary of a debt on your credit file reaches its 6th birthday, the whole account is automatically removed, you don't have to request that to happen.

 

however, if the defaulted date that a dca has on their possible duplicate credit file entry differs from the one registered by the OC, you must complaint, that's not on.

 

once a debt falls off it cannot return, but, that doesn't mean the debt might not be still owed depending upon last use/payment date.

it also doesn't prevent a backdoor CCJ/litigation from showing, but that would be in the public records/judgement section of your file.

 

bottom line is never run from debt, always ensure a debt owner has you correct address in writing if its ever changed from the original address or you never updated the original creditor of a move prior to sale.

 

just because a debt owner contacts you at your present address does not mean they are legally aware, it's just a phishing attempt to see if you respond, should you not and you have moved, not informing them, odds on a debt buyer will go for a backdoor CCJ.

 

the fact that a debt might be statute barred is no protection again a backdoor CCJ, as the whole system is automictic, no human checks anything.