default notice

[30loom]

please can someone advise me in 2005 i defaulted on a catalogue this went on to my credit file in 2006 and stayed there until it was removed after six years in december 20012, i recently checked my credit file and found another default on my account for the same debt but by a different debt collection agency. I have had no contact about the debt i have received no letters i didn't know it had been sold to a different agency, i just wanted to know if this is legal can the same debt keep getting re-registered by different agencies, i have tried very hard in the last six years to keep my file clean and i'm very upset they're allowed to do this (if of course they are)
thank you for any replies received

[pt2537]

Re: default notice

The simple answer is no it is not.

They are not entitled to do this. You can get this entry removed using the data protection act, and can seek damages under s13 DPA 1998 if you really wanted to take that as far as that

[30loom]

Re: default notice

thank you for your reply i did ring my local c.a.b office but got nowhere not very helpful at all.

[pt2537]

Re: default notice

Yeah CAB arent really geared up for this kind of thing unfortunately.

[PlanB]

Re: default notice

in 2005 i defaulted on a catalogue this went on to my credit file in 2006 and stayed there until it was removed after six years in december 20012, i recently checked my credit file and found another default on my account for the same debt but by a different debt collection agency. I have had no contact about the debt i have received no letters i didn't know it had been sold to a different agency

Out of interest who has bought your debt and when, and have you moved address since you first opened the account? If there is a balance outstanding you may find you get chased even if it's statute barred (which will depend on when you last paid or acknowledged the debt), so post on here if you get any contact from the new owner to see if we can help

[30loom]

Re: default notice

hello,
mckenzie hall bought the debt which i didn't even know about i've had no letters off them so i don't know when they bought it, i've never acknowledged the debt just let it stay on my file from 2006 to 2012.

[pt2537]

Re: default notice

hello,
mckenzie hall bought the debt which i didn't even know about i've had no letters off them so i don't know when they bought it, i've never acknowledged the debt just let it stay on my file from 2006 to 2012.

Have you made any payments towards this debt between 2006 and today?

[30loom]

Re: default notice

no not a penny

[FlamingParrot]

Re: default notice

Have you made any payments towards this debt between 2006 and today?

no not a penny

In this case, it must be Statute Barred. :grin: :bounce:

thank you for your reply i did ring my local c.a.b office but got nowhere not very helpful at all.

When it comes to debt, they tend not to be much use for anything other than asking you to set up repayment plans. They would probably even ask you to set one up even when the debt is Statute Barred! :scared: :rant:

mckenzie hall bought the debt which i didn't even know about i've had no letters off them so i don't know when they bought it, i've never acknowledged the debt just let it stay on my file from 2006 to 2012.

They are well known for buying Statute Barred debts!

[pt2537]

Re: default notice

Is this the only default on your credit file?


Can i ask, have you applied for any credit lately, have you been declined?

[30loom]

Re: default notice

the man at the c.a.b office also said that if i'd never paid this debt then they can keep chasing me for the money

[30loom]

Re: default notice

Is this the only default on your credit file?


Can i ask, have you applied for any credit lately, have you been declined?



yes this is the only default on my file. No i've not applied for any credit lately

[pt2537]

Re: default notice

the man at the c.a.b office also said that if i'd never paid this debt then they can keep chasing me for the money

bull$hit

They are Consumer Credit Licence holders, as such they are required to adhere to the OFT guidance. The OFT views such conduct , once it is confirmed limitation has expired, is unreasonable and unfair.

So, once it is barred, then they cannot recover the monies and persistent attempts to do so can constitute harrassment.

[FlamingParrot]

Re: default notice

the man at the c.a.b office also said that if i'd never paid this debt then they can keep chasing me for the money

They can, but, as per OFT guidance, once you tell them the debt is SBd and you won't be paying it, they should stop chasing you. See this thread Cel started with regards to SBd debts: http://www.legalbeagles.info/forums/...statute+barred

The CAB are not the best place to get debt advice, I recall reading their debt advice guide, where, in over 40 pages, I could find no mention of the words "Statute Barred". :rant: :rant:

Their stock solution is to ask you to fill in a long form detailing every debt, outlay, income, expense, etc. and then set up a repayment plan, or refer you to one of the official DMP providers like Stepchange.

[PlanB]

Re: default notice

They are Consumer Credit Licence holders, as such they are required to adhere to the OFT guidance. The OFT views such conduct , once it is confirmed limitation has expired, is unreasonable and unfair.

It wouldn't be the first time that the OFT has criticized MacKenzie Hall for being unreasonable and unfair so they may not hold a consumer credit licence for ever if they continue to chase SB debts

http://www.oft.gov.uk/news-and-updates/press/2009/44-09