Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» Some Say Vaccines are Essential. Some Say They’re Evil.
by Society of the Spectacle Today at 6:21 pm

» TGBMS
by daveiron Today at 5:41 pm

» Barclay card address
by Snoop Yesterday at 9:01 pm

» sol excalibre with cookiemonster
by Society of the Spectacle Yesterday at 7:46 pm

» The Agenda
by Society of the Spectacle Yesterday at 2:41 pm

» Vodafone / Lowell - received DSAR
by waylander62 Sun Apr 21, 2019 11:04 pm

» Lowell threatening me Again !!
by barnwebb Sun Apr 21, 2019 8:21 pm

» Predictive programming and the music industry.
by Awoken2 Sun Apr 21, 2019 4:53 pm

» Wescot / PayPal - harassment?
by Mrblue2017 Sun Apr 21, 2019 9:42 am

» Try your new power
by handle Sat Apr 20, 2019 11:50 pm

» 5G AND it's implications | WOW it is scary and can't be allowed
by daveiron Sat Apr 20, 2019 1:04 pm

» Papal ring
by freeland Sat Apr 20, 2019 3:21 am

» Who is making the claim ?
by assassin Sat Apr 20, 2019 2:54 am

» court pack for energy companies
by jrb Sat Apr 20, 2019 12:20 am

» Paying A Joint Giro Slip
by jrb Fri Apr 19, 2019 4:41 pm

» Medicinal side effect issues
by Lopsum Fri Apr 19, 2019 9:48 am

» Home Building
by assassin Fri Apr 19, 2019 3:41 am

» Setting aside a CCJ
by Grimmy Thu Apr 18, 2019 6:07 pm

» Eighteen years in debt for house repossession. Advice?
by FOXP2 Thu Apr 18, 2019 4:26 pm

» County Court Money Claims Centre (CCMCC)
by waylander62 Thu Apr 18, 2019 2:44 pm

» Reality chat , every wednesday at 8pm (ish)
by Society of the Spectacle Wed Apr 17, 2019 7:42 pm

» Moriarty Law
by Mrblue2017 Wed Apr 17, 2019 4:09 pm

» Essex & Suffolk Water
by Sharpysparky Wed Apr 17, 2019 3:49 pm

» Flush out the sodium fluoride
by mitch Wed Apr 17, 2019 1:19 pm

» Lowell Success For My Wife
by Etiquette Tue Apr 16, 2019 8:23 pm

» Common Law Copyright and Trademark Notice
by Etiquette Tue Apr 16, 2019 7:36 pm

» PRAC FINANCIAL / BWLEGAL / PAYDAYUK
by daveiron Tue Apr 16, 2019 1:06 pm

» Cabot- is there a realistic chance to fight them?
by assassin Tue Apr 16, 2019 2:08 am

» TESCO CREDIT CARD & LOWELLS
by Ithesoul Mon Apr 15, 2019 9:56 pm

» Debt Collectors
by assassin Mon Apr 15, 2019 7:18 pm

» Conditional Discharge
by MrBullet Mon Apr 15, 2019 6:21 pm

» Cabot advice
by daveiron Mon Apr 15, 2019 3:25 pm

» PoE gets it right again
by daveiron Mon Apr 15, 2019 11:56 am

» Drydens Fairfax
by AHMAHM Sun Apr 14, 2019 4:40 pm

» Let Technology Work For You
by assassin Sun Apr 14, 2019 2:21 am

» Do the 3 Letters or New Approach Still Work? Advice Needed
by assassin Sun Apr 14, 2019 1:50 am

» Council Tax
by assassin Sun Apr 14, 2019 1:34 am

» Please Help!! Restons & Arrow Global - Court Papers!
by waylander62 Sat Apr 13, 2019 10:21 am

» Lowell Court order
by waylander62 Sat Apr 13, 2019 10:13 am

» Settlement
by Mrblue2017 Sat Apr 13, 2019 7:02 am

» Utilities & Pre Pay meters
by LionsShare Fri Apr 12, 2019 5:03 pm

» Looking for advice and/or reassurrance!
by Mrblue2017 Fri Apr 12, 2019 3:40 pm

» justinian deception
by daveiron Fri Apr 12, 2019 3:34 pm

» Speeding Fines in France sent to my UK address.
by daveiron Fri Apr 12, 2019 2:58 pm

» Need ALOT of Help - Lots of Questions - Battling 4-5 companies at once
by Etiquette Fri Apr 12, 2019 8:13 am

» Merligen investments Ltd: Moriarty law
by paymydues2 Thu Apr 11, 2019 3:44 pm

» Entry of unilateral Notice - B133
by LionsShare Wed Apr 10, 2019 9:20 pm

Moon phases


Should these missed payments have been a default?

Go down

Should these missed payments have been a default? Empty Should these missed payments have been a default?

Post by Mckeown90 on Fri Mar 08, 2019 7:35 pm

Hoping someone can help me understand the next steps I should take.

I had a lot of debt about 6 years ago resulting in many defaults. Most of these are now statute barred, however I have noticed that one catalogue never actually placed a default on my account ...instead they have continuously added late payments every month for the last 6 years. I am now in a position where this is impacting my credit score significantly as it always appears that I haven't gone longer than one month without a payment problem. What should I do next? Should the catalogue have placed a default on my account years ago which would either look like an old debt or may even be statute barred? Should I look to pay and settle or would this not benefit my credit score? It seems like a mistake and cannot see it ever being removed from my account.

I have not made a payment in about 6 years and I have not acknowledged the debt.

Some advise would be good! If I could get this one removed I would finally be able to get a mortgage and move on with my life

Mckeown90
Newb
Newb

Posts : 1
Join date : 2019-03-08

Back to top Go down

Should these missed payments have been a default? Empty Re: Should these missed payments have been a default?

Post by daveiron on Sat Mar 09, 2019 11:31 am

I have had a dig around and the best I can find is the link ;https://www.legislation.gov.uk/ukpga/1980/58/part/I/crossheading/actions-founded-on-simple-contract

So if you are certain about the date of last payment it may well be SB .
daveiron
daveiron
Admin
Admin

Posts : 1583
Join date : 2017-01-17

Back to top Go down

Should these missed payments have been a default? Empty Re: Should these missed payments have been a default?

Post by Kestrel on Sat Mar 09, 2019 5:33 pm


Kestrel
Very helpful
Very helpful

Posts : 292
Join date : 2017-08-27

Back to top Go down

Should these missed payments have been a default? Empty Re: Should these missed payments have been a default?

Post by assassin on Sun Mar 10, 2019 2:11 am

They should have placed a default on the account from the first default date and this is usually done within three months of this date as you may have sent payments and they haven't been received, or some other error has been made such as a bank transfer hasn't gone through. Basically, they use two consecutive missed payments as a guide and this shows you have missed two consecutive payments and a discrepency within the system is discounted such as a payment failing to appear by post for example.

If they have failed to add a default to your file and sent you the appropriate correspondence then they have no proof of anything and cannot charge interest from a non defaulted date as they have no date of default to start from and this would be fraud.

If the alleged debt was sold on then the debt buyer has to use the same date of default as the original creditor and if they have no default date when they buy the alleged debt then they must apply to the courts to have the original date of default reinstated and not the date they apply for the default and this is set in law and cannot be changed.

If your alleged debt is statute barred, or nearing statute barred then ignore it and wait until it is statute barred and then you can write to the credit reference agencies and have it removed as statute barred.
assassin
assassin
Admin
Admin

Posts : 1821
Join date : 2017-01-28
Location : Wherever I Lay My Head

Back to top Go down

Should these missed payments have been a default? Empty Re: Should these missed payments have been a default?

Post by Sponsored content


Sponsored content


Back to top Go down

Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum