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Defaults,time limits etc

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  • #1

    Defaults,time limits etc

    Hi
    Ok so I know that defaults come off your credit file after 6 years and debts become SB'd after 6 years of non payment or acknowledgement. I also know that CCJ's are difficult to enforce if there has been a 6 year gap however

    If you get defaulted and are in an arrangement for say 7 years then stop paying can the owner of the debt then seek enforcement via the courts?

    Thanks

    P.S I am on a mission to save other people on other forums from bad advice and I always thought that so long as the debt was not SB'd it could be enforced at any time

    With permission here is the link
    http://www.consumeractiongroup.co.uk...t-file-default

    As I assume it will get taken down soon ish I am going to save it so if anyone wants to see it they can
    Last edited by jon1965; 27th February 2013, 14:42:PM.
    Tags: None
    • 2 likes
  • #2
    Re: Defaults,time limits etc

    Ask his view on BMW Financial Services (GB) Ltd v Hart and then apply that to the Default on the credit file.

    Plainly applying Hart, the default on the credit file could be placed but the cause of action to sue may not have accrued at that stage, thus this idea that once 6 years has passed and the default has been removed then nothing further can happen is nonsense. The Court of Appeal Judgment makes that plainly clear.
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.
    • 3 likes

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    • #3
      Re: Defaults,time limits etc

      The most important thing is to look at the specific facts of the case, there is no one size fits all approach here to these issues.
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.
      • 2 likes

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      • #4
        Re: Defaults,time limits etc

        PT thank you, I have asked the question. No doubt as is usual someone will come and "tidy" the thread. I fear he has suffered a major blow to the head (and a 2nd one to his ego)

        As you say there is no one size fits all, as you know I would love someone to issue me with a SD then follow through but the chances of that now are unlikely.
        • 1 thank

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        • #5
          Re: Defaults,time limits etc

          The Default on the credit file is not the accrual of the cause of action. Thats the problem in my view. And that appears to be what he is arguing , that its when the Default appears that the cause of action accrues and the limitation clock starts ticking. It sadly is not the case and he is wrong, if that is truly his view.
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.
          • 2 likes

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          • #6
            Re: Defaults,time limits etc

            I have noticed this was replied to elsewhere in, shall we say, a much more graphic way! :okay:msl:msl:msl:
            • 1 thank

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            • #7
              Re: Defaults,time limits etc

              Originally posted by FlamingParrot View Post
              I have noticed this was replied to elsewhere in, shall we say, a much more graphic way! :okay:msl:msl:msl:
              I have no idea what you can possibly mean .................................lol
              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

              If you need to contact me please email me on Pt@roachpittis.co.uk .

              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

              You can also follow my blog on consumer credit here.
              • 3 likes

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              • #8
                Re: Defaults,time limits etc

                Naughty girl, you are not allowed there but yes it was very funny.

                I am now opening a book on how long those posts will stay up. I'll give 1000:1 that they stay up for good

                oops I forgot I am not supposed to gamble :rofl:
                • 2 likes

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                • #9
                  Re: Defaults,time limits etc

                  this has been discussed on here before also, very helpful to see the case PT mentioned because it sets the date for cause of action to coincide with the termination date.

                  As far as CCA agreements are concerned this would be after the DN had run its course, unless it was remedied.
                  Using the date of default as registered on the file is problematic because it may not be recorded at the same time the section 87 notice expires.
                  As we know the notice on a CRA records the time when the account enters the default condition, not the cause of action.
                  • 2 likes

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                  • #10
                    Re: Defaults,time limits etc

                    Of course if you have continued to pay reduced payments even after your agreement was terminated then my understanding is that the 6 years starts from when you stop paying .

                    What I don't like is the idea that on a fixed term agreement they could wait until the fixed term was up before terminating and then get another 6 years to chase you (that was an opinion I read from a post on that thread)
                    • 2 likes

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                    • #11
                      Re: Defaults,time limits etc

                      They could as long as they did not issue a DN and terminate the agreement before hand.

                      as far as CCA agreements are concerned I suppose a reliable indication would be once the creditor demanded full re-payment, as this could not occur until the agreement is correctly terminated.
                      • 2 likes

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                      • #12
                        Re: Defaults,time limits etc

                        That's one of the things I've noted on the forum Jon quotes above, over the past year or two, there's been a trend to ask debtors to check their credit files and if a debt does not show, they are often told they don't have to pay it because it would be SBd. I always argued against that idea because many people enter into arrangements to pay, make token payments or are on DMPs for years - the defaults would have dropped off but the debt wouldn't be SBd because payments were being made all the time. I've read posts from people who defaulted as far back as 98 or 2000 and who have been paying all these years. The defaults would be long gone but if they were to stop paying just because they no longer show on their credit file, they could face court action and they couldn't argue SBd as they are being led to believe by some people on there. :rant:
                        • 2 likes

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                        • #13
                          Re: Defaults,time limits etc

                          The judgement clarifies the situation in that it is not safe to assume a SB even if no payments or acknowledgments have not been made since the CRA + 6 years date.

                          Because the Section 87 notice and subsequent termination may have occurred some time later, and this would represent the COA
                          Last edited by gravytrain; 27th February 2013, 17:57:PM. Reason: clarity
                          • 1 thank

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                          • #14
                            Re: Defaults,time limits etc

                            Originally posted by gravytrain View Post
                            The judgement clarifies the situation in that it is not safe to assume a SB even if no payments or acknowledgments have not been made since the CRA date.

                            Because the Section 87 notice and subsequent termination may have occurred some time later, and this would represent the COA
                            There is no real correlation between the two dates, creditors record defaults when they feel like it, in spite of the OFT guidelines. The fact that both default removal and SBd (at least in England) are 6 years only makes it more confusing.
                            • 2 likes

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                            • #15
                              Re: Defaults,time limits etc

                              Originally posted by FlamingParrot View Post
                              There is no real correlation between the two dates, creditors record defaults when they feel like it, in spite of the OFT guidelines. The fact that both default removal and SBd (at least in England) are 6 years only makes it more confusing.
                              This is true contrary to often quoted opinion
                              Last edited by gravytrain; 27th February 2013, 18:16:PM.
                              • 1 thank

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