Defaults I believe are wrong dates all from the DCA

[Steven Elliott]

Hello everyone

I`m a new member here so i would like to say hello to everybody on the fourm iv been reading it over the past 5 days , its very interesting that's for sure

Firstly a little of background info on the accounts in question.

I opened a few credit cards and i had my mobile phone contract and current account with my bank opened around 2006-7 mark on all of these accounts by my memory ,but its not that great lol!

I moved from the address in which the accounts was opened and i dint tell the credit companys i was paying payments for around 1 year or so on the accounts, then i was unable to pay the bills on the accounts.

I then just dint think about it and then moved again so they dint contact me.

I checked my credit report and i have many debts from lowells and mac hall and MKPD

They all range from the smallest of £48 , for an O2 bill , and range up to the highest of £2711

Iv also been given an CCJ for an amount of £2149 on the date of 16/06/09 some two years after i moved out of the property so it was just defaulted.

The problem i have is that i believe the default dates the DCA have put on my credit report are alot longer then the 6 months after my last payment to any of these accounts,

Mind you i dont have any paper work for any of these accounts so i dont know when the last payments was to the OC , and if and when a DN was issued to me because i was not at the address.

So the question im asking is , how do i found out my last payment date so i can find out how long till its SB and how do i found out if i was issued a DN and which date so i can get the DCA to correct there entry on the CRA.

I need to do it with out starting that 6 year clock again!!

As im trying to get my credit in order for a mortgage app in 2016

I hope you guys can assist me


Thanks Steven

[ncf355]

Re: Defaults I believe are wrong dates all from the DCA

Hi,

going on your dates (approx 2007 + 1 year of payments = approx 2008) you would obviously have a while to go before the defaults would drop off, even if done with the 6 months marker (say approx July 2014 at the VERY earliest, assuming last payments made Jan 2008).

If you want to get confirmation of the dates without re setting the statute clock, try a letter similar to the following, inserting the details of each account/bank where appropriate (this will cost you £10 per account) :



YOUR NAME AND ADDRESS

BANK NAME AND ADDRESS


REQUEST UNDER SECTION 7, DATA PROTECTION ACT 1998

ACCOUNT NUMBER AND DESCRIPTION (E.G: MBNA MASTERCARD ACCOUNT xxxxxxxxxxxxxxxx)
PLEASE NOTE: I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR RELATED THIRD PARTY

Dear Sir/Madam,

I wish to request the following data for the above account:

- A complete and detailed list of all transactions alleged to have been carried out on the account

- A copy of the original alleged agreement

- A copy of the original terms and conditions, together with any amended terms and conditions and the dates upon which they took force

- A copy of any internal notes related to the alleged account

-A copy of any and all communications made between us in relation the alleged account

I enclose a cheque for the maximum required fee of £10 and remind you of your duty to supply the required information within 40 days.

Yours faithfully,



X



____________________




This way , you should gain the info required for you to make a true assessment of wehen th default should have been lodged.

[Steven Elliott]

Re: Defaults I believe are wrong dates all from the DCA

Thanks for your reply, would they also give me the default date of the account , as i think i read somewhere its a maximum of 6 months of the last payment but they can also do it anywhere after 14 days ? . so it would be in my interested to find out the date of the default , how would i word that on this letter you have provided me and thanks for that by the way.

Thanks Steven

[ncf355]

Re: Defaults I believe are wrong dates all from the DCA

Hi,

to get the Default date you really need to look up your credit report

Try Noddle.co.uk

[labman]

Re: Defaults I believe are wrong dates all from the DCA

My understanding following BMW vs Hart is that the SB clock only starts ticking once the account is terminated.

This key judgment in the Court of Appeal defined when the cause of action accrues. When an account is in default, all that is owed are the arrears on the debt. It is only on termination that the whole sum becomes due, so that is now determined as the cause of action which starts the SB clock ticking.

It is still an issue which is widely misunderstood, possibly because people are unaware of the judgment in the Court of Appeal. Arguably it only applies to HP agreements, but that is not my understanding, as the judgment talks specifically about the creditor ...... "could only make a claim when the agreement was terminated." The conclusion being the creditor cannot reclaim all sums while the agreement is live (as only default sums are due).

Hope this sort of makes sense.

[Steven Elliott]

Re: Defaults I believe are wrong dates all from the DCA

So its not SB from the last payment date then no more ? with this BMW Vs Hart you have quoted ?

Also my default dates are wrong from the DCA on Noddle thats why i need the correct default dates.

[pt2537]

Re: Defaults I believe are wrong dates all from the DCA

BMW v Hart needs careful consideration. It is NOT a one size fits all case. In Hart much turned on the terms of the contract itself. So before we jump to conclusion that the world has ended we should check to make sure.

Plus I dont believe Hart was a regulated agreement

[ncf355]

Re: Defaults I believe are wrong dates all from the DCA

Need to bear in mind as well that OP's main focus here is the Defaults - he can cross the SB bridge if they decide to take it that far

[ncf355]

Re: Defaults I believe are wrong dates all from the DCA

Steven -

another point of focus is you say you have a CCJ from 06/09 - this obviously wont drop off until 06/05, unless you are in a position to pay it off and get the creditor to mark it as settled with the court?

Unless PT or others could offer advice as to the chance of getting a CCJ that is 4 years old set aside due to paperwork issues etc (seems unlikely at this stage?)

[Celestine]

Re: Defaults I believe are wrong dates all from the DCA

I can't see someone setting aside a CCJ they've known existed for four years. I've heard of people returning from abroad, learning they have a CCJ and overturning because they genuinely didn't know of its existence. But this wouldn't seem the case here.

[MIKE770]

Re: Defaults I believe are wrong dates all from the DCA

I can't see someone setting aside a CCJ they've known existed for four years. I've heard of people returning from abroad, learning they have a CCJ and overturning because they genuinely didn't know of its existence. But this wouldn't seem the case here.

Oh! but in the normal day life/situation one does learn from time ( be it 1-2-3-4-5-6-7-8-9 years), that one could do something about it at the time, as we do now if we stumble upon forums on the net, even years ago ) no home computers etc) then the ordinary man in the street only gained knowledge from another person if an event arose on the debt subject at such a later date, we must not get complacant just because we use a forum site, as not all people have computers, and to be honest these DCA/debt purchasers are abusing simple court proceedures by issuing claims then not following court proceedure hence Stayed Claims, which they hope will be unstayed and the defendants lack of knowledge comes into play in a lot of cases, and some solicitors, do flaunt the regulations, even SRA guidelines state solicitors must follow court orders, and we know some do not supply the evidence.

[ncf355]

Re: Defaults I believe are wrong dates all from the DCA

Yes,

they always seem quite keen on getting a CCJ by Default via an old address and that miraculously discovering the new address via electroal roll/credit search when they want to enforce the CCJ

Though in this case they dont appear to have attempted to enforce the CCJ?

[Guest]

Re: Defaults I believe are wrong dates all from the DCA

BMW v Hart needs careful consideration. It is NOT a one size fits all case. In Hart much turned on the terms of the contract itself. So before we jump to conclusion that the world has ended we should check to make sure.

Plus I dont believe Hart was a regulated agreement

The fact that the above case was not regulated is not relevant, the point clarified was that the start of the SB date could not occur until the creditor was entitled to claim all sums due under the agreement.

This cannot occur until a consumer credit agreement has been terminated, this is not a point that can be argued sadly as it is self evident,
The contract in BMW stated that the agreement was terminated, there is much expert commentary on this case and all of it agrees that this applies to regulated agreements, to be frank there is no logical reason why it should not, as regulated agreements are primarily contracts.

When a payment is missed on an agreement it starts the SB period for an action on reclaiming that payment, not all sums due under the agreement.

This cannot be reclaimed until a compliant DN has been served (or in an unregulated agreement the repudiation of the agreement has been accepted)and the agreement has been terminated, if this isn't the case, none of the judgments regarding DN none compliance would have been possible.

BMW Vs hart did not create this legal reasoning , it just illustrated it, this has always been the case.

[Nibbler]

Re: Defaults I believe are wrong dates all from the DCA

BMW v Hart needs careful consideration. It is NOT a one size fits all case. In Hart much turned on the terms of the contract itself. So before we jump to conclusion that the world has ended we should check to make sure.

Plus I dont believe Hart was a regulated agreement

Correct. And no DCA/creditor has used that successfully (or at all?) and won in the nearly year since this supposed 'boon' to the finance/DCA industry happened. Speaks volumes on it's own, despite what Peter may think.

[labman]

Re: Defaults I believe are wrong dates all from the DCA

BMW v Hart needs careful consideration. It is NOT a one size fits all case. In Hart much turned on the terms of the contract itself. So before we jump to conclusion that the world has ended we should check to make sure.

Plus I dont believe Hart was a regulated agreement

I agree pt, that's why I put the proviso about it potentially only applying to certain agreements. It is something, from the commentary I read, that is still being battled out by the the likes of you, and other solicitors. However, it has certainly changed the outlook with regard to defaults, and it is only right, IMO, that it should be mentioned here.

I don't think (note think, I don't know) that there is definitive proof that one size is going to, or not going to fit all yet. I may be wrong. Correct me if I've misunderstood (quite possible lol!), but there is every chance that SB could be defined as starting from the date of termination. It's going to be an interesting one to keep an eye on - it certainly plays a significant role for some of my charity's clients, so any input from you and others is very much welcomed from my point of view.

Meanwhile I keep a close eye on any educated commentary I can find. :beagle: