Is default date accurate? Statute Barred?

[Claireb5]

I have debts which are all due to be statute barred in the next few months. I have received a letter before claim for one due to drop off my credit file next month or so. Can I rely on the default date from my credit file (Credit Karma) as being accurate? I think they’ll start the court claim a few days before it’s statute barred but want to know the exact date it would be SB.

[echat11]

If they've Defaulted the account correctly, yes. Although we have come across anomalies.
Terms and Conditions tend to state that the account will be Defaulted after three missed payments.
What you could do is send a Subject Access Request to the original creditor. They will provide all
the data they hold on the account.

https://legalbeagles.info/library/gu...ccess-request/

[Claireb5]

Thank you for replying. They gave me until late January to reply saying they said they would issue a claim if I didn’t get in touch. I’m not sure if that was an official letter before claim. Should I wait until they issue a claim before sending a SAR to the original creditor?

[echat11]

Thank you for replying. They gave me until late January to reply saying they said they would issue a claim if I didn’t get in touch. I’m not sure if that was an official letter before claim. Should I wait until they issue a claim before sending a SAR to the original creditor?

No, send the SAR, there is no 'benefit' in waiting. A SAR is just a request for information and has no 'bearing' on anything else.

[Claireb5]

Okay I will do that straight away! Thanks again

[Claireb5]

I received the SAR information and it seems that although the default date was February 2019, it seems that for a short while (3 payments) I had made £1 token payments and the last one recorded seems to be March 2019. I had then stopped due to such dire financial circumstances. There is a NOSIA document that was sent a few months ago to me (one of those late ones where they are getting paperwork in order retrospectively) this shows the last payment was March 2019 for £1. There’s a transaction report that they’ve sent too but it doesn’t have an account number on. This one shows a payment of £1 in May 2019 which would mean the account isn’t quite statute barred yet. I’m not sure if it’s accurate because they sent me info and transaction reports on 4 different accounts all mixed together. There does seem to be a contract that i had electronically signed. The default notice is present and one NOSIA from 2019 and another sent a few months ago retrospectively that shouldn’t have been sent in 2019. Two NOSIA in total.

They had offered me an 80% discount off the £3500 debt in 2021. I wonder if I should ask whether they’d accept this now? I don’t seem to have a defence but if this became a CCJ it would destroy me. That would take the poor credit history to 12 years in total if they get a CCJ.

[Claireb5]

That should read * should have been sent in 2019

[echat11]

What you need to do, is some sorting.

Be clear on the information you have and what it tells you.

Find the information on the relevant account. You should have an agreement, Default Notice and Notice of Assignment for that account.

Then you need to check that the documents they have sent are compliant. Recheck the Default dates. You've done well so far.

You can consider settling the debt with 'Without Prejudice' offers letters. But finding anomalies will help you on decision making.

[Claireb5]

Thank you for this! I've spent all night organising all the documents.

I have:

-Contract consists of - Pre-contract credit information, 3 page Credit Card agreement with my name and address and I have ticked a box to sign (dated 3 Aug 2017). General credit card conditions form added on the end of the agreement (this whole document is 25 pages in total).

-Default Sum Notice dated 9 Jan 2019.

-Breathing Space for 30 days accepted - letter dated 1 Feb 2019.

-Default notice dated 14th Feb 2019.

-Notice of Sum in arrears dated 9 March 2019.

-An 'important update on account' letter which explains that the debt was transferred to Intrum - dated 12 March 2021.

-Notice of Sum in arrears dated 28 Oct 2024.

-Transaction report print out showing payments from me of £1 on 8th March 2019, 8 April 2019 and 7 May 2019 (this 'transaction print out' doesn't have my account number on but I can match it to this account due to the dates).


I have no idea if these documents are all compliant - I wouldn't know what to look for.

Best wishes

[echat11]

Start with the Credit Agreement, look for anomalies.

https://lawzone.legal/when-is-a-cred...unenforceable/

[malwina]

How I can removed my default ?

[echat11]

How I can removed my default ?

Start a new thread.

[Claireb5]

I’ve checked the credit agreement and it seems comprehensive and well put together. The only potential defence is that there are less £1 token payments than their statement shows. I was making £1 token payments across three different accounts so I don’t know how they were allocated. Potentially that could mean that it’s statute barred already.

[Claireb5]

If I send their letter before claim reply form back as “I need more Information” is this acknowledging the debt in writing? Also will this delay the process to allow it to be statute barred next month? Many thanks

[Claireb5]

Lastly, should I potentially call and ask them to consider honouring an 80% discount they offered me in 2022?