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  • Challenging a default date

    Apologies if this has been asked before. Nationwide have already confirmed that the debt is unenforceable (debt 12 in my diary)https://all-about-debt.co.uk/forum/d...opper-ue-diary.

    My credit file record for this shows a 6 marker for Jun/Jul/Aug/Sep/Oct, eventually defaulting in November. Should they not have defaulted the account earlier? Is it worth asking them to change this?

  • #2
    It within 6 months is the norms for many mine did
    Last edited by The Tech Clerk; 20th May 2020, 16:12.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      I've just found an earlier version of my file and found the history as below. I had two separate loans and the other has completely dropped off my file so im assuming they defaulted this one at the right time.

      I'm also curious as to the status 4 appearing twice. realistically this should've defaulted in November 13??

      Jun 13 Status 1
      July 13 Status 2
      Aug 13 Status 3
      Sep 13 Status 4
      Oct 13 Status 4
      Nov 13 Status 5
      Dec 13 Status 6
      jan 14 Status 6
      Feb 14 Status 6
      Mar 14 Status 6
      Apr 14 Status 6
      May 14 Status 6
      Jun 14 Status AP
      Jul 14 Status AP
      Aug 14 Status AP
      Sep 14 Status AP
      Oct 14 Status D
      Nov 14 -----

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      • #4
        It is off your file now, when was the default notice received? I really wouldn't rock the boat. Look I really do love a good scrap, I am currently wiping the floor with my partners neighbours who want to roll over on a leasehold issue BUT sometimes the pragmatic approach is the best move. As all my debts approached and past their SB date, I kept very very quiet and only responded when I had to- one was when Cabot UK bought some debts and started harassing me so I sent CCA requests, they couldn't comply so they closed the account. In some ways I wish they would have issued a claim so I could have called in the Cavalry ( Diana Mayhew and Jo) and wiped the floor with them but it was better to avoid court because , in my own words, Judges can be funny Buggers - if I go down for life for speeding you know they have read this page
        Last edited by Warwick65; 20th May 2020, 21:26.

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        • #5
          The default was recorded in October 2014, but should’ve been much earlier. This one is still on my file. Everything else drops off next month. Better still nationwide have confirmed its unenforceable, so it’s got to be worth the request right?

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          • #6
            I suppose my thoughts were to only go ahead if you are sure that all accounts with NW are statute barred. As I am sure you understand, Limitations are not governed by a date on a credit file but by a mix of various things such as last payment, last acknowledgement or expiration of a S87 DN.

            In my opinion it also depends just how important getting that default off your file is.

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            • #7
              just go with it as recorded it goes off in October, e4 + months of fighting it and what the same outcome? many of us have been there but outcome stayed and now off finally even after proving errors by one month > many a time I thought I was right to be knocked down with un known facts

              Note:- in the dirty money game corporations rule and as they pay tax on gains the government will not do anything, heard of tax on tax on tax ??? and most MPs etc end up on boards of corporations
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #8
                thanks for the advice on this one, I think given the time left to run v the effort required, ill just let this one ride.
                Given the current circumstances I cant imagine ill be making a mortgage application this year anymore.

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                • #9
                  Originally posted by cowbopper View Post
                  I've just found an earlier version of my file and found the history as below. I had two separate loans and the other has completely dropped off my file so im assuming they defaulted this one at the right time.

                  I'm also curious as to the status 4 appearing twice. realistically this should've defaulted in November 13??

                  Jun 13 Status 1
                  July 13 Status 2
                  Aug 13 Status 3
                  Sep 13 Status 4
                  Oct 13 Status 4
                  Nov 13 Status 5
                  Dec 13 Status 6
                  jan 14 Status 6
                  Feb 14 Status 6
                  Mar 14 Status 6
                  Apr 14 Status 6
                  May 14 Status 6
                  Jun 14 Status AP
                  Jul 14 Status AP
                  Aug 14 Status AP
                  Sep 14 Status AP
                  Oct 14 Status D
                  Nov 14 -----
                  This is perfectly fine. You have no argument so let it ride - you run the risk of all sorts of hassle by bringing up a fight with a few months to go.

                  Bottom line is they must default you within a reasonable period, but within 6 months. However if you were in dialogue or in a DMP etc then all that changes.

                  In your case you first missed a payment in June 13, you should have been defaulted by December 2013 at the latest - if you'd not paid anymore and / or not entered a DMP.

                  It seems you done something around the turn of the year into 2014 which affected them finalising the default - so instead they left a further 6 payment markers, status 6 being +6 payments late. So like your first ever missed payment, they can add 6 of these due to the change you made. This must have been a DMP as it shows up slightly later so it looks like you were doing the DMP around the turn of the year but it took until June 14 for the first payment.

                  Of course if none of the above assumptions are accurate and let's say you just vanished and ignored them after your first missed payment then they should have defaulted you no later than Aug / Sep 2013 and have delayed things by a year; in breach of their guidelines.

                  Back to my first point, as you've so little time to go it'd be prudent to ignore this and await it to drop off.
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