Default notice due to exp in 3months

[kdh]

Hi,
Just did credit report shows a default from lowell the 6years is up in 3months was willing to start paying/offer settlement but now wondering if best to wait till it is cleared from my report? I am almost 100% that original debt had ccj but no way of checking this. Also what %wise is an acceptable settlment offer to people like lowell.
debt is just over 5000

Many thanks
Kieron

[NWHC]

Re: Default notice due to exp in 3months

I think you need to get to the bottom of this
You say the default will fall off in 3 months

If this is for a regulated debt then I would usually expect the default to be placed before a CCJ and the CCJ would be recorded on your credit file however to see if there a ccj from within the last 6 years check Trust online , It costs about £4 I think

Just so you can get more taylored opinion
What is the debt for?
When did you last make a payment OR written acknowledgement of the debt

If it is a CCA regulated debt , when was the account opened and have you ever made a request under s77-79

The reason I am asking is that if there is no ccj then many debt purchaser seem to be issuing claims just as the 6 years are approaching so
if they are writing to you then maybe send a S77-79 request off, if not maybe leave well alone unless they do write to you at which point send a S77-79 request off as that will slow them down (hopefully enough for SB to take effect)

- - - Updated - - -

Oh BTW how much is the debt for-roughyly
£100
£1000
£10000

Just a rough bracket will do say between 5 and 10K , over 10K

[charitynjw]

Re: Default notice due to exp in 3months

I think you need to get to the bottom of this
You say the default will fall off in 3 months

If this is for a regulated debt then I would usually expect the default to be placed before a CCJ and the CCJ would be recorded on your credit file however to see if there a ccj from within the last 6 years check Trust online , It costs about £4 I think

Just so you can get more taylored opinion
What is the debt for?
When did you last make a payment OR written acknowledgement of the debt

If it is a CCA regulated debt , when was the account opened and have you ever made a request under s77-79

The reason I am asking is that if there is no ccj then many debt purchaser seem to be issuing claims just as the 6 years are approaching so
if they are writing to you then maybe send a S77-79 request off, if not maybe leave well alone unless they do write to you at which point send a S77-79 request off as that will slow them down (hopefully enough for SB to take effect)

- - - Updated - - -

Oh BTW how much is the debt for-roughyly
£100
£1000
£10000

Just a rough bracket will do say between 5 and 10K , over 10K

Imho, the best option.
It might already be SB, as a CRA entry is not necessarily a true indicator of date of cause of action accrued.
I wouldn't poke the sleeping tiger, though!

[kdh]

Re: Default notice due to exp in 3months

Hi debt is for 5200 credit card debt.
was sure i had ccj against me for all my old debts from my youth, but as you point out should not have a default after a ccj usually. Default was in 6/2010. I do recieve the odd letter/txt off lowell asking me to contact them. To my knowledge have not contacted them since stopped paying in 2009/10.
If i do contact them with a request would this not stop the sb? Unsure as to what a s77-79 is or a CRA

Many thanks for the swift response

[charitynjw]

Re: Default notice due to exp in 3months

ss77-79 = http://legalbeagles.info/forums/show...y-of-Agreement

CRA = Credit Reference Agency

[kdh]

Re: Default notice due to exp in 3months

Ok so you think I should wait it out and see if they threat to take me to ccj will i get notice before they do? If i was to offer a setlement what % would you advise as have heard many different figures.
last thing i want is a ccj on my credit file as most have dropped of and waiting another 6 years would be devastating.

Thanks
k

[charitynjw]

Re: Default notice due to exp in 3months

Ok so you think I should wait it out and see if they threat to take me to ccj will i get notice before they do? If i was to offer a setlement what % would you advise as have heard many different figures.
last thing i want is a ccj on my credit file as most have dropped of and waiting another 6 years would be devastating.

Thanks
k

If it's on the cusp of being SB, why on earth would you want to acknowledge the alleged debt now?

[kdh]

Re: Default notice due to exp in 3months

Because im worried about getting a ccj lumped on me. Do they have to inform me before appling for a ccj against me? Would prefer not to contact them but have tead allot about companies ccj you at last minute when you think it is going to a Sb Situation. I am not clued up at all about things like this apolagies

[charitynjw]

Re: Default notice due to exp in 3months

To get a CCJ, they have to make a court claim, which so far, according to you, they have not.

If it were me, I'd concentrate on finding where I am re SB (Bank statements, any express acknowledgement of the alleged debt in the last 6 years or so, etc.)

[kdh]

Re: Default notice due to exp in 3months

I imagine was before the default was placed on my account have not to my knowledge spoke wrote or payed anything. Is it best to wait till my default goes then hit them with the ss77-79 which would show last point of contact? Is the ss77-79 an acknowledgment of debt?

[kdh]

Re: Default notice due to exp in 3months

Last letter i got was dated 29feb as follows.
mr xxxxxxx
we are really keen to hear from you about former barclays account.
as im sure you are aware you have an obligation to repay your debt. This outstanding debt may be damaging your credit rating and limiting chances of getti g any credit. Any payments you make could improve the situation.
get intouch rember we can only help the situation.
i found this letter strange as usaully expect threats ect this is what made me look into it.

[NWHC]

Re: Default notice due to exp in 3months

a s77-79 request will not acknowledge the debt especially of you use the template in the library. It is purely a request for information .

If they want to get a CCj they should send a letter before action which is the point you hit them with a S77-79 request

Any offer of payment will usually be classed as acknowledging the debt.

From reading the above I would suspect they are not sure what sort of account it is , Overdraft or Credit card

Are you 100% sure that it is a credit card , don't just take your credit reports word for it

[kdh]

Re: Default notice due to exp in 3months

Hi
yes it is a credit card, was with morgan stanley then they merged/were took over by barclaycard have had no other debts apart from credit cards.
So if they do not even know that they may not have enough information to chase the debt legally??
Ok will keep eye out for a letter before action letter guessing this will be threatening me with a ccj?

Thanks

[nemesis45]

Re: Default notice due to exp in 3months

Last letter i got was dated 29feb as follows.
mr xxxxxxx
we are really keen to hear from you about former barclays account.
as im sure you are aware you have an obligation to repay your debt. This outstanding debt may be damaging your credit rating and limiting chances of getti g any credit. Any payments you make could improve the situation.
get intouch rember we can only help the situation.
i found this letter strange as usaully expect threats ect this is what made me look into it.

Send the CCA request now, it is not an acknowledgment of liability and may well shed some light on what they have to hand in the way of paper work.

BTW if this is a credit card account it's section 78 CCA 1974.

nem

[NWHC]

Re: Default notice due to exp in 3months

I must disagree with Nemesis45 and agree with Charitynjw

If they are not contacting you do not poke them

However if they are then yes do send it