what is classed as acknowledgment (default)

[skintnsad]

Hi everyone

Just a quick question/query I have for you wise ones.
In regards to defualts on credit files.

I have 1 stinky default on my record thats been dogging me for almost 6 years now. The reason for the default is irrelevant to my question, so I wont go into that unless asked.

Now i understand that after 6 years from defualt date, that the default will in effect be removed from my file. Providing no acknowledgment has been made within the 6 years - correct?

The confusing bit is the acknowledgment. Is this reffering to my acknowledgment (making payment or contacting the lender in anyway)
Or is this the lenders acknowledgment (sending me letters or trying to contact me)

In my case I have never contacted or made payment to the lender in the years since being defaulted. But the lender has often contacted me via mail.

I hope you understand what my quesion is.

Basically is acknowledgment a 2 way thing? By them writing to me within 6 years from defualt, does this mean the default wont go away from my file? Or does it go away regardless after 6 years?

[MrsD]

Re: what is classed as acknowledgment (default)

Welcome to AAD

Acknowledgement means just that, admitting the debt in writing or paying towards the balance. If you are sure you haven't acknowledged in any of these ways, then it will drop off your record after 6 years. It usually doesn't drop off on the day, so I'd give it a month after you last paid then check your record.

Just be sure of your dates.

[skintnsad]

Re: what is classed as acknowledgment (default)

thanks for quick reply..

So the fact that they have written to me (i havnt replied) doesnt count as acknowledgement.

Pretty much what I wanted to hear.

[MrsD]

Re: what is classed as acknowledgment (default)

they can waste as many stamps as they wish

doesn't count

[Never-In-Doubt]

Re: what is classed as acknowledgment (default)

Nah you're getting confused - acknowledging a debt affects Statute Barred NOT default entries. Basically, 6 years from the date of default and it'll go - whether you pay, don't pay or whatever - 6 years is the maximum time regardless of anything else.

One default per account lifecycle means once defaulted that's it - wait 6 years and then it'll go forever and should never reappear

[skintnsad]

Re: what is classed as acknowledgment (default)

Thanks, to both of you

[Never-In-Doubt]

Re: what is classed as acknowledgment (default)

thanks for quick reply..

So the fact that they have written to me (i havnt replied) doesnt count as acknowledgement.

Pretty much what I wanted to hear.

Well that depends if you are trying to achieve Statute Barred which is what it sounds like, if so you need to have avoided paying and/or acknowledging the debt in writing (i.e. I write with reference to my debt blah blah blah) - if you literally request info/cca etc then that does NOT acknowledge anything as our templates all refer to these as "alleged account" and not "my account/my debt" etc etc

make sense?

[skintnsad]

Re: what is classed as acknowledgment (default)

Well that depends if you are trying to achieve Statute Barred which is what it sounds like, if so you need to have avoided paying and/or acknowledging the debt in writing (i.e. I write with reference to my debt blah blah blah) - if you literally request info/cca etc then that does NOT acknowledge anything as our templates all refer to these as "alleged account" and not "my account/my debt" etc etc

make sense?

Legal Jargon doesnt make sense to me at the best of times - but with the forums help, im getting there!

Thanks again

[Never-In-Doubt]

Re: what is classed as acknowledgment (default)

Legal Jargon doesnt make sense to me at the best of times - but with the forums help, im getting there!

Thanks again

Ok, non legal version. (Statute Barred)

If you do not acknowledge or pay into a debt for 6 years then it becomes statute barred which means the lender/dca cannot enforce the debt which means, to you, that you can stick two fingers up to them knowing they can never take you to court to pay it back.

Better?

Full Legal Version ---> Limitation Act 1980

[skintnsad]

Re: what is classed as acknowledgment (default)

Spot on my friend - thank you again

enjoy your Sunday (i am now)

[CleverClogs (RIP)]

Re: what is classed as acknowledgment (default)

Ok, non legal version. (Statute Barred)

If you do not acknowledge or pay into a debt for 6 years then it becomes statute barred which means the lender/dca cannot enforce the debt which means, to you, that you can stick two fingers up to them knowing they can never take you to court to pay it back.

They can still ask for payment, but the Guidelines from the Office of Faffing and Twaddling state that it is "unfair" to continue to press for payment on an alleged debt that the creditor knows is SB. Alas, the OFT has never been known to refrain from faffing and twaddling for long enough even to tell the directors of a rogue company to stand on the naughty step for having ignored this.

A lie sometimes used by debt collectors is to pretend that an acknowledgement of a Statute Barred debt or a payment made towards it - even if that has been procured by stealth or deception - has the effect of reviving the debt or making it enforcible once more. This is utter nonsense, as that is expressly prevented by section 29(7) - link - of the Limitation Act 1980.

Another lie is that a telephone conversation can be used as proof of an acknowledgement of the alleged debt. This is also nonsense, as it must be in writing and signed by the alleged debtor or their agent/representative - section 30 - link.

Finally, in Scotland, the limitation period is five years, as defined by section 6 (link) and Schedule 1 (link) of the Prescription and Limitation (Scotland) Act 1973.

[chz80]

Re: what is classed as acknowledgment (default)

thanks for quick reply..

So the fact that they have written to me (i havnt replied) doesnt count as acknowledgement.

Pretty much what I wanted to hear.

I'm trying to get a default removed on a SB debt, and Lloyds TSB's reasoning why it's a valid debt is because they wrote to me within the limitation period When I asked them where it allows for this in the Limitations Act, the customer service rep said he couldn't tell me, but their stance is clear - they wrote to me so tough, and if I wanted to take it further then go to the FOS. I asked why he couldn't just check this with his Legal team, but he said they wouldn't escalate this any further & it was their final response.

It's amazing how these people are dealing with quite complex complaints, but they do not have an understanding of legislation etc.

[CleverClogs (RIP)]

Re: what is classed as acknowledgment (default)

I'm trying to get a default removed on a SB debt, and Lloyds TSB's reasoning why it's a valid debt is because they wrote to me within the limitation period When I asked them where it allows for this in the Limitations Act, the customer service rep said he couldn't tell me, but their stance is clear - they wrote to me so tough, and if I wanted to take it further then go to the FOS. I asked why he couldn't just check this with his Legal team, but he said they wouldn't escalate this any further & it was their final response.

[SXGuy]

Re: what is classed as acknowledgment (default)

Thats utter bollox, they can write to you all through the 6 years, it means nothing.

[Diasflac]

Re: what is classed as acknowledgment (default)

Doesn't the default drop off the credit file whether you acknowledge it or not? its 6 years from issue, even if you paid £10 after 3 years, it's still defaulted. Correct me if I'm wrong but unless there's an AP it will go either way?