My debt free diary

[Roger]

The danger is by reporting this you might be deemed to be acknowledging the debt and hence restarting the Statue Bar Clock!

[Still Waving]

The danger is by reporting this you might be deemed to be acknowledging the debt and hence restarting the Statue Bar Clock!

Yes, you wouldn't want to be saying " there are double entries for MY debt".

[Roger]

So I have just signed up to a free trial of experian credit report and is it normal for my 2 defaults to be registered as 4 defaults. the original company have placed one on my account and hoist have placed one on aswell both the same date. Is this normal?

My apologise for not picking this up!
Look you need to save a copy of that Experian Credit Report showing the Original Company AND Hoist both on the same date!
I explain its evidence that there is a possible discrepancy between the Original Company records And Hoist claim of date of Assignment.
Sic Hoist claim assignment on A Date and yet Original Company evidence that they are still the Owners! On such differences Cases can be lost!!

So don't rock the Boat just make certain you have the evidence Noted/Copied and filed away! If this continues so much the better for YOU!

[Still Waving]

Roger Clearly having duplicated defaults (original and Hoist) is wrong.

I may be mistaken, but I was under the impression that when a new owner of a debt registers on the CRA, they are obliged to use the same default date as that of the original creditor?

[Roger]

Roger Clearly having duplicated defaults (original and Hoist) is wrong.

I may be mistaken, but I was under the impression that when a new owner of a debt registers on the CRA, they are obliged to use the same default date as that of the original creditor?

Yes but in some Cases there have been some discrepancies in Assignment dates between original and Hoist. This would explain why both are reporting the same Debt! This duplicate reporting MIGHT be evidence of Assignment issues! Anything like this is always worth noting and saving!
What you don't want to do is restart the Statute Bar clock! by as you point out admitting MY debt!

[Mrreese6018]

so today I received notification that this debt has been removed from my credit File(Clear Score), it is a week or so earlier than expected Do I still have to wait a month before the Debt is statute-barred, or is it the default date on my credit report which is technically 8 months after my last payment.

[Roger]

so today I received notification that this debt has been removed from my credit File(Clear Score), it is a week or so earlier than expected Do I still have to wait a month before the Debt is statute-barred, or is it the default date on my credit report which is technically 8 months after my last payment.

Well if its a valid Default Notice! The Case Law says the Statute Bar from the Date by which the account should be remedied! 6 Years (England Or 5 years Scotland) plus 1 month.

[Mrreese6018]

Well if its a valid Default Notice! The Case Law says the Statute Bar from the Date by which the account should be remedied! 6 Years (England Or 5 years Scotland) plus 1 month.

How come one month and not just six years from the default date? I'm gutted I will have more time to sweat than originally anticipated

[Still Waving]

How come one month and not just six years from the default date? I'm gutted I will have more time to sweat than originally anticipated

It's what's in the legislation. What's another month in the bigger picture?

[Mrreese6018]

Very true,

[Roger]

The Assumption being that the Default Notice was later than your last payments , and was valid! Hence the Statute Bar (5/6 years) starts from that Default Notice last Date to remedy the Account! PLUS 1 month.
Any Communication , txt, phone call, email etc.. later that could be interpreted as Acknowledging the Debt would have restarted the Statute Bar.
Its details like this that make a good maintained Diary so important for yourself and AAD!
The best response is SILENCE and sitting on your hands! I err on the side of caution with Statue Bar assumptions!

[Mrreese6018]

The Assumption being that the Default Notice was later than your last payments , and was valid! Hence the Statute Bar (5/6 years) starts from that Default Notice last Date to remedy the Account! PLUS 1 month.
Any Communication , txt, phone call, email etc.. later that could be interpreted as Acknowledging the Debt would have restarted the Statute Bar.
Its details like this that make a good maintained Diary so important for yourself and AAD!
The best response is SILENCE and sitting on your hands! I err on the side of caution with Statue Bar assumptions!

I'm really confused because if the default has been recorded on your credit file that means that you have defaulted which would be past the time frame that you have had to remedy the issue, if you have remedied the issue and you haven't defaulted and it wouldn't be recorded.

So what is the point of the default entry on your credit report if you have to add 30 days to each of them? (Apart from warning future lenders)

[Roger]

I'm really confused because if the default has been recorded on your credit file that means that you have defaulted which would be past the time frame that you have had to remedy the issue, if you have remedied the issue and you haven't defaulted and it wouldn't be recorded.

So what is the point of the default entry on your credit report if you have to add 30 days to each of them? (Apart from warning future lenders)

The Credit Reports aren't the same as CCA! Its confusing because certain Lenders delay sending the Default Notice! Sometimes they send more than one!
Once a default has been recorded on your Credit Report its stays for 6 years before dropping off.

BUT your Statute Bar will be calculated on the Current Legal basis .
Recent CASE Law used the Default Notice to determine the start of the Statute Bar - which is what is being pointed out here!

This is precisely why the Diary format is so important because it assists You and AAD to understand Debts from a current Legal perspective.
Good Diaries make for good Decisions!!

[Mrreese6018]

The Credit Reports aren't the same as CCA! Its confusing because certain Lenders delay sending the Default Notice! Sometimes they send more than one!
Once a default has been recorded on your Credit Report its stays for 6 years before dropping off.

BUT your Statute Bar will be calculated on the Current Legal basis .
Recent CASE Law used the Default Notice to determine the start of the Statute Bar - which is what is being pointed out here!

This is precisely why the Diary format is so important because it assists You and AAD to understand Debts from a current Legal perspective.
Good Diaries make for good Decisions!!

thanks my head is still battered(doest take alot) so from my understanding the default date on your credit report doesn't include the period you have to remedy the breach ?

[Mrreese6018]

Am i missing any vital information on my diary ?