Different defaults for same debt.?

[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!

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?

Well? Which is it?

[becks]

Re: Different defaults for same debt.?

Sorry i know it sounds ridiculous. Very confused. I have paid this firm 40pm since 08 but original lender wont acknowledge it. So now i dont know who i owe. If i am paying someone dodgy and they are not telling original lender or cra i dont know whether to stop paying or challenge it and risk my Sb.Does that make any sense?

[Never-In-Doubt]

Re: Different defaults for same debt.?

Forget SB. You're paying so the clock starts after you last paid, ie last month!!

[becks]

Re: Different defaults for same debt.?

Ok fair enough was a bit confused.

Anyway I have paid 40pm for approx 30 months on a 6600 debt to a dca but there is no adjustment of original default on credit files.

Company that defaulted me refuse to acknowledge the payments.Is that allowed?

So back to original question that if i can get the default date changed to the one i have in the letter march 05.Then this debt disappears from file and file is now clear.

What happens if i then stop paying?Can i be defaulted again?

[Riz]

Re: Different defaults for same debt.?

They can never default the account again, no matter what happens.

The only question here is who is now responsible for updating the credit reference files to show that the debt is being paid off.

As the debt is defaulted, you never see the normal monthly status codes applied again. i.e. 0's, 1's, 2's etc.....

Instead the status will stay each month at an 8 or D. The default balance also stays at the original value.

However, what should be adjusted is the current balance. That should be updated every so often to show the debt is reducing. There won't usually be a visible payment history associated with that, but if you look at credit reports over time then you should the balance going down.

So the first question here is whether they are doing that or not?

If they are not then you need to work out who is responsible for updating the credit files. That depends on whether the debt has been sold on or not, and who is recorded as the creditor on the current credit files.

Did you ever receive a letter saying that the debt had been sold or assigned? Do the debt collectors say they own the debt, or do they still say things like "their client"?

[becks]

Re: Different defaults for same debt.?

On my file it just has red numbers 1-5 from march 04 to nov 06 then its no 6 till apr 06 then in may there is a u then in june 06 there is a D.After that there is nothing it just says default balance and current balance are the same about £7k.The only creditor mentioned is the original.The dca just turned up at my door 1 night in nov 08 and i have paid a standing order of 40pm since. i Do get a statement from them once a year but cant find it.

[becks]

Re: Different defaults for same debt.?

Have received no other paperwork from dca as far as i know.

[Riz]

Re: Different defaults for same debt.?

In a nutshell, if the debt is still recorded as the original creditor then the duty to update is theirs.

If the debt collector is just sending the money on to them, then the original creditor has a duty to amend the record to show the balance decreasing.

If the debt has been sold to the debt collector, but the the credit reference agency entry has not been changed over to their name, then the original creditor should zero the owed balance on the report and mark the debt as sold.

So you need to work out which of those applies by finding out who legally holds the debt.

[becks]

Re: Different defaults for same debt.?

Ok thank you. How do i find that out? Do i contact who i am paying or original creditor. By phone or by letter? If i can prove that accont was defaulted in march 05 and last payment was oct 05(which i can) and ihaving been paying someone unreputable who is not doing as they are supposed to could that be construed as statute barred in october? Sorry if thats a dumb question because i dont know how it works.

For instance if i could get the history to disappear in november and stopped paying.How could they put anything negative on my file if they are resisting putting anything positive on it now?

Again sorry if thats a stupid idea.

[Riz]

Re: Different defaults for same debt.?

I would start with the original creditor to see whether they still own the debt. If they do, then all responsibility is theirs.