Quick one

by Mobo Sun Jul 09, 2023 10:21 am

Does the sb clock start from when the OC or debt buyers sends the default notice, OC is of my credit file but buyer states default is January 2017

Thanks

by **daveiron** Sun Jul 09, 2023 10:51 am

Presuming you have not paid or admitted the debt to the DP .
the clock starts from the time given on the default notice from the OC.

The default notice gives you a time to pay by. (maybe 3-4 weeks) its the end of that period that the clock starts.

It looks like yours is now SB

by flyingfish Sun Jul 09, 2023 10:56 am

Mobo wrote:Does the sb clock start from when the OC or debt buyers sends the default notice, OC is of my credit file but buyer states default is January 2017

Thanks

If it's an alleged debt that would fall under the CCA, the the SB clock starts on expiry of the period allowed in the Default Notice. The logic being that this is the earliest point at which proceedings could have been raised. Only one Default Notice has any meaning, and this would normally be from the OC. Selling the debt does not reset or stop the clock.

I would just add that if they have pissed around and unreasonably delayed issuing a Default Notice then you might be able to argue for an earlier start. I don't know if that's been tried, or successful.

by Mobo Sun Jul 09, 2023 11:05 am

Paid nothing and always asked for them to back up their claim never have

by Mobo Sun Jul 09, 2023 1:47 pm

This is my credits file it's DP not OC

by waylander62 Sun Jul 09, 2023 2:12 pm

then it would be statute barred

but dont expect them to give up, check the balance on assignment and compare it to what they alleged you owe.

by flyingfish Sun Jul 09, 2023 3:22 pm

What was the date of the actual Default Notice? And how long given to comply?

by Mobo Sun Jul 09, 2023 7:40 pm

Not sure but trying to find it will update asap thanks

by **Mrblue2015** Mon Jul 10, 2023 8:00 am

As per Waylander62, don't expect them to give up, but the alleged debt is now no longer legally enforceable. Don't lose that all-important default notice / keep it for a very long time.

by Mobo Mon Jul 10, 2023 8:01 am

Will do

thanks

by Mobo Mon Jul 10, 2023 8:06 am

Will do

thanks

Just had a look at credit file again and think I have confused my self it has a start date and a default date, Have I missed something?

Why does it shave a start date?

by **daveiron** Mon Jul 10, 2023 8:37 am

The important one is the default notice. Do have that from the OC ?
Personally i would ignore the credit report if its from a credit reference agency
(never looked at mine)

If you dont have it ,a DSAR to the OC is needed.
If the default date that you first posted is correct ,31/7/18
its not yet SB so you need to prepare accordingly.

by Mobo Mon Jul 10, 2023 8:39 am

Have requested it many time got duck all.back, but will asking again to day and send it recorded and if no reply ICO

by waylander62 Mon Jul 10, 2023 12:37 pm

this is getting confusing, i thought that the buyer had replaced the OC on the credit report as far back as 2017 ?

lets get some clarification on this

i) when did this account first start roughly

ii) when was the account sold to the debt buyer roughly

iii) the original default notice is the all important document in all of this

by Mobo Mon Jul 10, 2023 12:44 pm

I have notes dp popped up 2017 that's them welcoming me, but having problems finding on pc all scanned copys, it was for a credit card but the company is now of my credit file.
I have asked the OC for a SARS REQUEST but nothing did nothing.

Did tell ICO they did duck but they never did a thing.

I don't get this also one date says start and the other says default.

I have just send a new tracked SARS REQUEST to the OC.

I didn't send last one tracked so my word against theirs and ICO backed them
What a surprise lol

Dp started in Jan 2017 sending letters.
I try and send you a pm of some of the file

by Mobo Mon Jul 10, 2023 1:07 pm

Can't see how to pm

But please see here hope it makes it a little bit more sense

Mobo removed photo

by waylander62 Mon Jul 10, 2023 1:10 pm

do you have anything of your own ? any paperwork at all ?

from OC or debt buyer ?

first letter from buyer would be a notice of assignment saying they have bought it and

by Mobo Mon Jul 10, 2023 1:11 pm

I'm trying not find but HDD is ducked and most things are missing

by Mobo Mon Jul 10, 2023 1:13 pm

Would it be wise to restart the process? And then I will have what I need or bad idea

by waylander62 Mon Jul 10, 2023 1:13 pm

sorry but never ever used a credit file for information nor have i ever requested one

by Mobo Mon Jul 10, 2023 1:14 pm

No sorry i mean send they noticed to the dp

by waylander62 Mon Jul 10, 2023 1:21 pm

not really because they likely wont send any documents anyway

always makes it very difficult when there are no documents to refer to.

again you have said buyer started sending letters in 2017, but the question is as the buyer or as an agent ?

if buyer then it is statute barred

but to be honest this is all pure guesswork as there is no definitive answer to any of the questions.

by Mobo Mon Jul 10, 2023 1:23 pm

waylander62 wrote:not really because they likely wont send any documents anyway

always makes it very difficult when there are no documents to refer to.

again you have said buyer started sending letters in 2017, but the question is as the buyer or as an agent ?

if buyer then it is statute barred

but to be honest this is all pure guesswork as there is no definitive answer to any of the questions.

I understand I had the the agents try a few times but then cabby got involved and said they had brought the alleged debt,

Anyway thanks very much for your time and help

by waylander62 Mon Jul 10, 2023 1:30 pm

ok when did cabby buy the debt ?

its no problem but is frustrating, as my first post i do believe this to be statute barred but cant be 100%

by Mobo Mon Jul 10, 2023 1:32 pm

waylander62 wrote:ok when did cabby buy the debt ?

its no problem but is frustrating, as my first post i do believe this to be statute barred but cant be 100%

2017

It's had to get any info from them they want my passport to I'd me I haven't got one, and have an open complaint with ico

This time I sent recorded and email it with copys but I get standard crap saying we need to verify your ID

I have just open recorded a SARS REQUEST OC

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