Default date complaint

[Lola girl]

Hi all

i am wanting to put in a complaint regarding late default dates, all debts ceased payments at the same time and 3 lenders defaulted in sept/oct 18. 2 in March 19 and 1 in June 19.
I know it doesn’t seem much difference but I ‘need’ to take a mortgage later this year and so am wanting to complain and see if I can get the later ones moved earlier by a few months.

My issue is - is there a way to word a letter of complaint without re setting the statute bar clock??
could anyone suggest wording or template?
could I even ask a solicitor to write on my behalf?
The 3 debts have been sold on so I would be writing to the original creditor only.

Thanks

Lola

[Still Waving]

Hi.

It seems that the general guidance is that a default should be recorded after an account has been in arrears for at least three, and up to six months. See here (section 4) -
https://secureservercdn.net/160.153....n-2a-final.pdf

You haven't specified the dates of your last payments. This is an important piece of information, from which the rest follows. Up to six months after the final payment, the defaults are probably inline with the guidance.

Some hints on what you can do if a default looks wrong here -
https://www.experian.co.uk/consumer/.../defaults.html

Be aware, though, that you are probably resetting the SB clock for any accounts where you dispute the default date.

In your situation (which I recall from a previous thread - (why don't you keep this related stuff to one thread??)) it seems you need to decide on your priorities. Resetting the SB clock on some accounts may be worth it if it cleans up your credit report and helps with your mortgage situation.

[Lola girl]

Hi.

It seems that the general guidance is that a default should be recorded after an account has been in arrears for at least three, and up to six months. See here (section 4) -
https://secureservercdn.net/160.153....n-2a-final.pdf

You haven't specified the dates of your last payments. This is an important piece of information, from which the rest follows. Up to six months after the final payment, the defaults are probably inline with the guidance.

Some hints on what you can do if a default looks wrong here -
https://www.experian.co.uk/consumer/.../defaults.html

Be aware, though, that you are probably resetting the SB clock for any accounts where you dispute the default date.

In your situation (which I recall from a previous thread - (why don't you keep this related stuff to one thread??)) it seems you need to decide on your priorities. Resetting the SB clock on some accounts may be worth it if it cleans up your credit report and helps with your mortgage situation.

Thanks for this…

The last ‘full’ payment to this was august 2018 so was in arrears from that point.

To be honest they don’t really chase me as Link are well aware that the credit agreement they sent to me is completely illegible! It took them 2 years to reply to my CCA request then they randomly sent an illegible doc.

I was wondering if I should send a SAR to Debenhams to see if theirs is clearer and that Link may be able to remedy what they have at some future point and if not pop in a complaint directly to Debenhams regarding the default date and see if they will amend.

with regard to the other two March defaults, I have received a letter of claim for one so if they follow it up with a court claim then I believe that resets the clock anyway so I may as well fire one off to M&S if that happens. Will have a think on about the other one.

lola

[Still Waving]

with regard to the other two March defaults, I have received a letter of claim for one so if they follow it up with a court claim then I believe that resets the clock anyway so I may as well fire one off to M&S if that happens. Will have a think on about the other one.

lola

You do need to respond to a formal Letter Before Action (the one with 4/5 page reply form). Courts expect both parties to participate in the Pre-Action Protocol.

Some helpful info here on how to reply to a LBA - https://debtcamel.co.uk/letter-before-claim-ccj/

Note the part which says "Important: if there is any chance at all that your debt is close to being statute barred, you must NOT tick Box A and be careful on the Reply Form to refer to “the alleged debt” not “the debt”. Otherwise you may be acknowledging the debt."

[Lola girl]

You do need to respond to a formal Letter Before Action (the one with 4/5 page reply form). Courts expect both parties to participate in the Pre-Action Protocol.

Some helpful info here on how to reply to a LBA - https://debtcamel.co.uk/letter-before-claim-ccj/

Note the part which says "Important: if there is any chance at all that your debt is close to being statute barred, you must NOT tick Box A and be careful on the Reply Form to refer to “the alleged debt” not “the debt”. Otherwise you may be acknowledging the debt."

Advice from JCS was not to respond to this so I’ve gone with that

[Dottir]

Advice from JCS was not to respond to this so I’ve gone with that

I think that is just wrong. If you don’t reply the odds of you getting a claim increase significantly. If you have a strong defence they may well not go to court but if they do and lose there are multiple potential consequences.

I mean it is legal advice and I’m not a solicitor but I think it goes against widespread advice.

[Lola girl]

I think that is just wrong. If you don’t reply the odds of you getting a claim increase significantly. If you have a strong defence they may well not go to court but if they do and lose there are multiple potential consequences.

I mean it is legal advice and I’m not a solicitor but I think it goes against widespread advice.

As JCS will be dealing with the claim I am happy to go with what they advise - particularly as they have access to all the documentation and circumstances rather than just basic info posted on the forum.

Of note they handled a previous claim for me too following the same advice.
To be honest regardless of if the debt collectors are aware of my intentions I would guess that on an 8 grand claim they are going to proceed regardless.

[Dottir]

I do not know the details of the case but if this is the M&S one that Niddy says is UE then maybe if they knew that they wouldn't do anything. I do not know why it was UE but it is a long time now since it was sold on so the odds of them getting the rest of the documents are, I would have thought, relatively slim. As the Letter of Claim was received in January it is probably too late to do anything- have you received the claim form yet?

Whatever happens I wish you good luck

[Lola girl]

I do not know the details of the case but if this is the M&S one that Niddy says is UE then maybe if they knew that they wouldn't do anything. I do not know why it was UE but it is a long time now since it was sold on so the odds of them getting the rest of the documents are, I would have thought, relatively slim. As the Letter of Claim was received in January it is probably too late to do anything- have you received the claim form yet?

Whatever happens I wish you good luck

Yes it is that one, was unenforceable back then and have been sent the same docs in the recent SAR I have done so pretty sure that’s all they have and all they will supply to the debt collector too.

I haven’t received it yet but expecting anytime now. I did consider sending a SWID actually but like you say probably a bit late now.

Thanks anyway…will update my diary once I have any progress with it

[Dottir]

Yes it is that one, was unenforceable back then and have been sent the same docs in the recent SAR I have done so pretty sure that’s all they have and all they will supply to the debt collector too.

I haven’t received it yet but expecting anytime now. I did consider sending a SWID actually but like you say probably a bit late now.

Thanks anyway…will update my diary once I have any progress with it

well if it were me, I would have used the forms to say I was defending it all and said there was an outstanding S78 request . However you say you have had legal advice so not much I can say.

[Night Monkey]

well if it were me, I would have used the forms to say I was defending it all and said there was an outstanding S78 request . However you say you have had legal advice so not much I can say.

JCS gave me the same advice some time ago when fending off PRA, and more recently after receiving a different Letter of Claim. What I did in latter instance I'm not planning to add to my diary until any legal action plays out, but all we can do is listen to opinions, review the options and take what we view to be the best action in the circumstances.