Defaults by lender and now by Sigma Red

[Shafted-again]

Hi,
I was defaulted in 2008 by two banks. In 2009 , they sold the debts on to a DCA who have now defaulted me again in 2009. Obviously, I assumed the defaults had gone after 6 yrs, but now I have to wait until next year. Can I be defaulted twice?

[MIKE770]

Re: Defaults by lender and now by Sigma Red

give more details etc

[ncf355]

Re: Defaults by lender and now by Sigma Red

If the Default actually happened in 2008, NO, they cannot restart it just because they feel like it

It lasts 6 years from the date of Default, which is determined by the ICO as the point at which the relationship broke down between you and the bank, this could be:

1) When they actually issued a Default notice under Section 87 of he consumer credit act 1974 (or often a Section 76 notice in the case of overdrafts)

2) A minimum of 3 months and a maximum of 6 months after you failed to make contractual payments (so as an example, if you had a £3k overdraft and it was over £4k consistently for 3 - 6 months)

[Shafted-again]

Re: Defaults by lender and now by Sigma Red

If the Default actually happened in 2008, NO, they cannot restart it just because they feel like it

It lasts 6 years from the date of Default, which is determined by the ICO as the point at which the relationship broke down between you and the bank, this could be:

1) When they actually issued a Default notice under Section 87 of he consumer credit act 1974 (or often a Section 76 notice in the case of overdrafts)

2) A minimum of 3 months and a maximum of 6 months after you failed to make contractual payments (so as an example, if you had a £3k overdraft and it was over £4k consistently for 3 - 6 months)

OK, so I was defaulted sometime in 2008 by the OC. They would have had to do that I assume before they could sell the debt on? If so, then 1 yr later Sigma Red cannot then default me? So, in that case, the debt is now statute barred? I have had no contact with any of the above since 2007.

By Sigma defaulting me again in 2009, this now effectively started the 6 yrs over again? What can I do to rectify this? I have never received a default from Sigma BTW ( although they could just type one out if necessary)
If I speak to any of the above, does the 6 yrs start all over again from when I contacted them? I have no paperwork from the OC to show the default.

I have no idea who the OC is. ( There were a few at the time) I stopped paying in August 2007.

[ncf355]

Re: Defaults by lender and now by Sigma Red

Hi,

In any communication, put across the top:

I DO NOT RECOGNISE ANY DEBT TO YOU OR A RELATED THIRD PARTY

You need to write with the following:




I DO NOT RECOGNISE ANY DEBT TO YOU OR A RELATED THIRD PARTY

Dear Sir/Madam,

Account number: XXXXXXXXXXXXXXXXXXXXXXXXX

I have recently viewed my credit files in which I note a default placed by yourselves in relation to the above.

This entry is incorrect, as the Default actually took place in 2008 and as such I require and demand that you take immediate steps to remove this invalid and damaging entry, as a Default has a maximum life of 6 years, which has now passed.

Please note that failure to rectify this entry will result in further action via the ICO or courts.

Yours faithfully,


DO NOT SIGN, USE AN ELECTRONIC SIGNATURE SUCH AS A WORD DOCUMENT FONT

[Shafted-again]

Re: Defaults by lender and now by Sigma Red

Hi,

In any communication, put across the top:

I DO NOT RECOGNISE ANY DEBT TO YOU OR A RELATED THIRD PARTY

You need to write with the following:




I DO NOT RECOGNISE ANY DEBT TO YOU OR A RELATED THIRD PARTY

Dear Sir/Madam,

Account number: XXXXXXXXXXXXXXXXXXXXXXXXX

I have recently perused my credit files in which I note a default placed by yourselves in relation to the above.

This entry is incorrect, as the Default actually took place in 2008 and as such I re

re?? Does this start the 6 yrs again though or not because of the above statement? I always thought that any communication started it off again

[ncf355]

Re: Defaults by lender and now by Sigma Red

No, you are stating clearly that you do not admit the debt, at the top of the page as shown

Also, ou are confusing statute barred and defaults - the default can only be for 6 years, regardless of how many times a debt is sold, or whatever else they do with it

The 6 year statute barred is only reset if you :

A) Pay anything toward the debt

B) Admit the debt in writing

[Shafted-again]

Re: Defaults by lender and now by Sigma Red

Thanks for your help

[ncf355]

Re: Defaults by lender and now by Sigma Red

No probs, make sure you come back here with their reply as I would imagine they'll come up with some BS in response as an excuse for not changing it!



In the meantime, if you could find the exact date it defaulted, that would be good

[Shafted-again]

Re: Defaults by lender and now by Sigma Red

I assume the only way to find out is by asking Sigma which OC they are referring to and then contact them? Although if they closed the account, they are unlikely to send me copies are they?

Sigma did issue a summons in early 2013 but I defended it and it was dropped. In the POC they say that I had not complied with the Notice of default served by the OC

The also issued a summons for another around the same time. This was for a mobile contract. No default was issued by the phone Co but Sigma issued one. I defended the claim and it was dropped.

[ncf355]

Re: Defaults by lender and now by Sigma Red

Do they not clearly identify the OC via the balance or the original acount number?

[ncf355]

Re: Defaults by lender and now by Sigma Red

Just to be Crystal on this - DONT call them, make sure all comms are in writing only!

:beagle:

[sloane82]

Re: Defaults by lender and now by Sigma Red

Hi how did the Default occur?.