Different defaults for same debt.?

[becks]

Got a default notice in writing from a loan company in march 05.I entered a debt repayment program for a while after that and made a few payments then stopped paying again. The default for the loan shows on cra for a different amount dated april 06.13 months different. Is this allowed or should it be off my files by now?

[Never-In-Doubt]

Re: Different defaults for same debt.?

So long as you have a copy of both reports showing both dates then copy them and send to the cra's requesting removal due to first and original lapsing.

[Riz]

Re: Different defaults for same debt.?

I think becks might mean that the date of the default notice that was sent and the date of the default on the CRFs are 13 months apart? Not that they have 2 defaults on their reports?

[Never-In-Doubt]

Re: Different defaults for same debt.?

I think becks might mean that the date of the default notice that was sent and the date of the default on the CRFs are 13 months apart? Not that they have 2 defaults on their reports?

Oh sorry. The default on the credit file will be the first and original default then. So if they added a default on cra then issued a notice 13mth later, it'll be finished already. Best case scenario as a paper DN means nada. If it's the reverse then you can send the DN the cra's and argue their entry is incorrect and have it backdated.

Hope that helps cover all bases?

[Never-In-Doubt]

Re: Different defaults for same debt.?

Sorry just read post 1 properly. Ok, the original default date is march 2005 so all you do is copy it and send to the cra's and tell them to amend the entry in line with the default notice. If they refuse or bull shit you then you complain about both the cra's AND the lender for their DPA breaches by failing to adhere to s.87 & s.88 (CCA1974) and also various schedules within the DPA(1998)..

Don't worry, it's easy enough to sort out. You're arguing that the entry should have matched the actual default notice issued march 2005. Therefore + 6 years means by April 2011 the entry should have been extinguished but it remains, so remove it or facel libel action.

Best of luck

[becks]

Re: Different defaults for same debt.?

Thanks for replies. The only thing i was worried about were the payments in between these dates, would they be able to default these hence the later date? sorry not very clued up on this just want it off file.I have already asked cra to investigate. Waiting to hear back.

[Never-In-Doubt]

Re: Different defaults for same debt.?

Doesn't matter if you paid. They can issue 100 default NOTICES but the first and original DEFAULT (ie when you broke the terms and got sent a s.87 default notice) is the one you argue should be added to cra files.

[Riz]

Re: Different defaults for same debt.?

If after the first default notice you paid what was demanded and got your payments back up to date as per the credit agreement, then at a later date defaulted again, then they might have an argument for dating the default later.

Doesn't sound like that happened, so it's reasonable to expect any default on your credit files to be dated more or less the same date as the first default notice letter you were sent.

[becks]

Re: Different defaults for same debt.?

No i only paid for another couple of months. Which gets me on to my next question.My last payment to debt management company was oct 05 and never paid anymore. So as far as i am aware i am 2 months from statute barred. Would the cra contacting them about the default dates affect this?

[Never-In-Doubt]

Re: Different defaults for same debt.?

Yes wait until you're 100% it's SB first.

Just leave it lol. Don't risk it so close to SB date.

[becks]

Re: Different defaults for same debt.?

Oh bugger! Asked the cra to do it the other day!

[Never-In-Doubt]

Re: Different defaults for same debt.?

Argue cra's in january that way it'll deffo be SB. it's not worth them getting a ccj this late on, for 6 more years of hell just by rushing in when you may as well wait. I'd say January would be a good time to test the water.

The defsult, being so old, won't actually affect you that much to be honest. You'd probably get credit if that was your only blemish. If not, scrap that

[Never-In-Doubt]

Re: Different defaults for same debt.?

Oh bugger! Asked the cra to do it the other day!

Ooops.

Don't worry. Just leave them to it. Hopefully it won't trigger a chain reaction but whatever you do, don't reply to anything without posting here first as we'll word things in a way to preserve SB. Be careful and trust us - we're pretty darn good

[becks]

Re: Different defaults for same debt.?

I have other issues with this debt too. 3 yrs later a debt collector turned up at my door asking for £40pm as they now owned it. I stupidly agreed because i was scared and have paid them to this day.However there is no record of any of these payments on crf. i asked the cra to contact the original lender to add these on about 4 months ago and they refused so no idea whats going on!

[Never-In-Doubt]

Re: Different defaults for same debt.?

I have other issues with this debt too. 3 yrs later a debt collector turned up at my door asking for £40pm as they now owned it. I stupidly agreed because i was scared and have paid them to this day.However there is no record of any of these payments on crf. i asked the cra to contact the original lender to add these on about 4 months ago and they refused so no idea whats going on!

Eh?

Stop. Rewind. You said you'd not paid, now you're saying you have?

Youre kidding; right?