Time limit for a default to be issued

[courosedeb]

Hi
My son had a mobile phone on contract. Unfortunately, he lost his job and needed to cancel the contract (over 6 years ago). He called and cancelled and received a figure to settle the account, which he paid over the phone. Following this, we moved house twice in a short period of time. About 3 years later, he received a letter from a company chasing a debt related to the phone contract. It transpired that they had added costs to the bill after giving him a settlement figure. He had been unaware of this due to us moving and the phone company not having our new address. He ended up with a default on his credit file but the account was not defaulted until 2 years following his last payment to the account. He continues to be chased for this debt. The main point however of my question to yourselves is, should the default be dated from 6 months after the last payment or can a company wait and do it anytime??? If they had done it when the account had actually gone into "default", then it's time limit of 6 years would almost be up. However, because of their delay, he is now stuck with waiting an extra 2 years. Hope I have explained this OK but please let me know if you need any further info.
Any help with this will be greatly appreciated.

[Never-In-Doubt]

Re: Time limit for a default to be issued

Hi & Welcome

ok first, send a SAR to the mobile company and try and get the historic notes etc from the time. Template - http://www.all-about-debt.co.uk/inde...vanced-request

* edit the request to suit your situation.

then you'd check the info & find evidence of the "agreement". If there are no notes, and whilst you're awaiting the SAR call the mobile provider and explain what you explained above - forget the default, I mean argue that you agreed an amount to settle and then years later you were chased for the same debt. Get THEM to resolve it. Then you argue that there should be no default as this was settled 6+ years ago.

Thats how to deal with this. Keep us updated. We'll guide you along. Last resort, you can utilise the Ombudsman.

[courosedeb]

Re: Time limit for a default to be issued

Many thanks for your speedy reply. That sounds like a good plan! I have looked at the SAR template but am not sure what the instructions mean about sending a cheque or postal order??? (Does he need to make it out to the company in question) and when you say he does not have to sign, do you mean not to sign at all or sign just by typing his name and not an actual written signature. Can you explain for me? Also, if it turns out they were right to add extra charges to close account, how will he stand on the timing of the default issue (just out of interest). Sorry to ask stupid questions but not used to dealing with all this

[Never-In-Doubt]

Re: Time limit for a default to be issued

In this instance he is fine signing normally and he needs to send a £10 cheque.

in fact hold fire till tmw and I'll write you a template. Can you clarify the mobile network please and also who did he settle with, the network direct or a debt collector?

[Never-In-Doubt]

Re: Time limit for a default to be issued

As for the default; the oft state it should be registered within 6 months of the account going into default. This was clearly 6 months after he stopped paying.

Dont worry about that right now. I presume he's not paid the second amount that he's being chased for has he? Who is now chasing him, ie which DCA?

[courosedeb]

Re: Time limit for a default to be issued

Hi, The provider was Three and he settled with them direct. He has not paid anything since that settlement. Not sure what DCA are chasing him....will ask him and get back to you tmw. Thanks again

[Never-In-Doubt]

Re: Time limit for a default to be issued

Can you clarify when he phoned and settled, the amount paid and the amount currently bring chased for. Then I'll sort you a letter to send 3's CEO

[Undercover Elsa]

Re: Time limit for a default to be issued

In any event the charges added over 6 years ago would now be Statute Barred wouldn't they, so unrecoverable?

[nanna58]

Re: Time limit for a default to be issued

How are you hope everything is fine.