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Moon phases


Should these missed payments have been a default?

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


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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.
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