Default/Barred By Statute Help please.

[vango]

I'm hoping someone can shed some light on my situation or at least point me in the right direction to help me sort this out,,, long story short..

2009 marriage breaks down shortly after entering into a DMP with, i believe, a company called payplan. that was working fine until Oct'11 when i lost my job and was unable to make any further payments.

2 years ago this Forum successfully helped me defeat a Court threat from Cabot/Mortimer Clarke due to lack of CCA.

A short while ago i finally dragged my head out of the sand and got an Experian report... now heres the confusing bit...

My report is clear with the exception of a default registered by Cabot but with a default date of early 2013 (this is a different one to the cca request) so I'm confused a because the default on that account would have been way before that but also would the barred period of 6 years not have started with the last payment to the DMP? therefore not quite being 6 years ago so why are is there nothing else showing?

Any advice would be gratefully received...

[vango]

Re: Default/Barred By Statute Help please.

Anyone?????

[Amethyst]

Re: Default/Barred By Statute Help please.

Hi Vango

Does the Cabot default show as being defaulted in 2013 and due to come off the file in 2019 ? Sometimes a change of owner of a debt makes it look like a new default when it is in fact a continuation of another debt. I think on Noddle you can view the date a default is due to come off your file.

Other than that do you recall what the original debt was, and whether it defaulted before you involved Payplan ? Do previous records show as AR or A for arrangement etc ? Sometimes a debt is renegotiated and smaller payments made, without it having defaulted - which can extend the period before the cause of action. But, in those circumstances it should be the last payment date ( or first missed payment ) that is the start of the 6 years for limitations.

Possibly worth looking deeper into that entry on the credit file with your own records / the original creditor / payplan ( a SAR might help) before doing anything with Cabot, as if it were 2011, you would still no be statute barred on it and don't want to poke them until the 6 years are up... so depending on the month it's probably safer to leave it for a few months.

[Debt Camel]

Re: Default/Barred By Statute Help please.

A debt is deleted from your credit record 6 years after the default date that a creditor added to that debt.

This has NOTHING to do with whether the debt is statute barred. If you made DMP payments until October 2011, then your debts won't be statute barred until at least November 2017. Those debts that have disappeared from your file are unlikely to be statute barred.

[vango]

Re: Default/Barred By Statute Help please.

Ahhh thank you for the reply... i can't see anywhere on Noddle about the date its due off. Looking on experian its passed from Apex to Cabot a little while ago... but for some reason it appears that records show there were payments being made that would back up the inaccurate default date. Perhaps i would be better to let sleeping dogs lie for another few months.

- - - Updated - - -

A debt is deleted from your credit record 6 years after the default date that a creditor added to that debt.

This has NOTHING to do with whether the debt is statute barred. If you made DMP payments until October 2011, then your debts won't be statute barred until at least November 2017. Those debts that have disappeared from your file are unlikely to be statute barred.

Thank you... that makes a lot of sense, and probably clears up half of my quandary.