Adam This was a knee jerk reaction. I shouldn't have said it and I am sorry

I did say that if the rate was below 3.65 it would cover the Interest Only portion of the mortgage. If Adams rate is higher than 3.65 he will have to cover the excess even on an interest only mortgage. Thats why I asked what the current rate was. The FSA have said that lenders should allow changes to mortgages for customers in distress although I know that some lenders are very awkward about this. Some have stipulations regarding the equity amount eg if the loan to value of the mortgage is more than 70% they will not allow the change to Interest Only payments.

You really are a glass half full person ? Brilliant. 8-) Yes I have learnt something AND gained confidence in posting in general. 87 posts in 5 years with most of them being this past week!!

It is only the interest paid. What interest rate are you on? If less then 3.65% you will be covered for the interest portion of the mortgage. Have you spoken to your lender about changing to IO?

hello mcjohnson I was originally looking for advice on the default date. I have said several times that I have no argument about the car going. I didn't do anything intentional to keep the car, it just happened and I appreciate that it did. Like I said earlier I thought it was a fair cop when the car went yesterday. The default date makes a huge difference to me as I was discharged in Nov 2009. 6 years on my file brings me to 2015 before the BR goes. The default will last until 2017. I lost everything in the BR including my house. My house went because there was so much equity in it. I had previously worked really hard at overpaying it and it ended up being why I lost it. Renting has not been much fun and I really want to buy again as soon as I can. Those extra couple of years of the default being on my file will make a huge difference as I am not getting any younger!

Hi wannabe - No insurances as I was self employed at the time. Fairly sure it was regulated HP, but I will check that. Makes sense, I guess, that they could have reinstated the agreement after my call and payment. From what I've been reading this is not really typical BH behaviour. Maybe they had lost all my paperwork and data so when I phoned them I just reminded them. And they had to try and reinstate everything?

Presumed correctly. I asked for a couple of minutes to get my stuff out of the car. She went back and sat in the what ever they're called things that they drive cars onto. I called her when I was done, handed over keys and logbook. Like I said it was civilized. If it was done without a court order she must have thought I was a real mug. Yesterday I couldn't see my own posts and started another account so that I could check that my posts were posted. Today I can see them from catflap!! And I have learnt how to quote properly.

They will pay about £414.00 a month for you. I'm fairly sure that will be for the whole household, not per person. If it were per person you could end up in a situation where you were making over £600 a month over payments on your mortgage. Are there 3 people named on the mortgage?

The default notice is effectively issued whenever the lender considers the agreement to have broken down and if they left it for over three years I would be astonished. Me too. I just thought they either liked me or had lost all the paperwork! Bought April 2008 Agreement terminated in September 2009 Default on Experian March 2011 Car taken Yesterday Almost 3 years to the day.

Karma

Postggj I am 100% that I did not get anything from the court. And yes the car was in my driveway. Its quite a long driveway too. You have to walk past the bedroom and kitchen windows of my house to get to where the car sits. The woman just said I shouldn't be surprised as it had gone to court but she never even left me a card saying who she was. Feel like a bit stupid now coz I didn't even get her name or company. Though I do know where its being sold next week and it is an auction full of lenders cars so she was sent by BH.

Hi ArtisanUK Thank you for such a detailed reply. Equifax were at day 30 with no response except the automated one. When we first phoned the CS girl, she said the case didn’t exist. Earlier in the day I had updated their online service telling them that we had now found out that the situation may now be classed as libel as Equifax were continuing to hold, process and publish incorrect defamatory information. I copied and pasted emails that were sent to son from Lombard which in turn included Lombard’s screen conversations with Equifax discussing the situation in some detail. So they had no get out clause by saying they were not aware. When CS found the case, I asked for a manager and got someone who said he was a manager. He was actually very helpful. 2 day turnaround !! I have checked the Gazette and there is no BR listed so at least that’s something positive. But you are right! Bit naïve of me to think they couldn’t BR the wrong person after this mess. J Did none of those dolts even bother to think that he suddenly popped up on the electoral roll because he had just turned 18 and therefore could not possibly have been liable for debts allegedly incurred before then? This amazes me also. Unbelievable. As for Wescot I had already phoned them as they kindly gave the neighbor a contact number to pass to us. They didn’t identify themselves as Wescot verbally, she knew from the number which she called back as she was concerned. I had never even seen this woman before she knocked the door. At that time I didn’t realize that they were looking for son. I did write to them but haven’t heard anything back. Wescot communication yesterday was not addressed to anyone in particular, just a card but the solicitors letter was addressed to son. For that reason - that the problem may continue for years, whatever you do - I wonder if you could obtain some sort of injunction against any DCA or solicitors seeking repayment of a debt allegedly incurred by your son prior to [the date of his eighteenth birthday]. If you ask nicely enough, the local solicitor currently threatening court might help you pro bono. Yes I am worried now that even if the files are cleaned up to what they should be, that this won’t be the end of it. The sol is a friend but the problem in NI is that pro bono is not the norm at all. You have to apply for legal aide first, be turned down and then apply via the Law society. Although a judge can apparently request it for a case if he wants to. Just waiting to hear back from legal aide could take months. It is a very good idea tho and I will look further into it. I will look into hiring a solicitor (I know more than friend sol does about this) so a solicitor with some understanding of general data protection and credit law would be good. I am in the fortunate position of having very close family who will help financially if I ask. I wouldn’t ever ask for myself but its different for your babes. But yes an injunction of some sort is probably the best idea yet. Many thanks, you are a gem.

dx100uk I let them take the car as I had expected the car to be repossessed 2008/2009. I never expected to have it as long as I did. So when it went yesterday I just accepted it. Seemed fair enough to me morally as I hadn't paid it. I loved the car and will try to buy it back. BH registered a default in March 2011. When I saw it I realized that BH hadn't just forgotten me and that the car would be going, so I felt like I was on borrowed time and was expecting a knock. PaulW922 Thanks for all the information. Was I right then in my original assessment of the situation? That the default should be set at a date of no later than the BR date as with other debts? As all have advised I will get the info from BH first. Thanks dx100uk and PaulW, much appreciated, when I get the sar docs I hope you will be about for help then

Thank you raydetinu That sounds like the most straight forward way. I didn't know that. First time I have really looked at car finance or repossession. There seems to be quite a lot to it but with the amount of knowledge on this site I will get there. Thanks, very interesting. I will get my sar away as soon as the PO is open.

Neontetra is catflap.

Was going to pen a wee letter tonight reminding BH that they are unable to chase me for any shortfall along with my request for documents but I have just found out where the car is going to be sold next week so I might wait until I try and buy it back, price dependent, first. Also just remembered that I should have taken the tax disc as there is 10 months tax on it. Silly mare. I will just ask them for it if I don't get to buy it back.

Hi Postggj It is an HP agreement. I don't have the credit agreement but the default notice says that in Nov 09 there was £6351.90 total owed and £2914.40 paid. I paid at least £400 last year and have vague recollection of maybe 2 other payments before that, for perhaps a total of £350. Think I have been very lucky with this to date! Should probably get all info from BH - not at all sure which way to go with this default tho. I'll sarn them anyway and that will give me time to think about it.

As title. 9.40 the door was knocked. Dog went mad. Woman there to take my car. Believe it or not this is not the worst thing that has happened today ! http://www.consumeractiongroup.co.uk/forum/showthread.php?300814-Multiple-Defaults-on-Sons-Credit-File-Not-His Car bought in early 2008. Business failed and I was declared bankrupt November 2008. Kept car as on finance. Termination notice September 2009. Then nothing. Absolutely nothing. Same address, same phone numbers, mot done, taxed and insured. I didn't pay anything and BH didn't contact me. 2010 June I decided to phone them and ask for a settlement figure. Was given a figure which I thought was too high (way too high) so I asked them to reconsider the price taking into account that I was a discharged bankrupt and had entered any possible future shortfall from the car onto my bankruptcy. Black horse said they would reconsider and phone me back. I offered to pay them something & we agreed on a figure of £400 which I paid there and then. Again nothing. I noticed in March that they had entered a default with Experian and then today they turned up. It was very civilized. Realistically I have had use of the car for nearly two years and have paid very little. (In total I think just over half of it has been paid) What I really want to know is, do I have any reasonable chance of getting the default removed from the credit reference agencies as the default was registered 18 months after the contract was terminated. OR As I included the car in the bankruptcy do I ask them to back date the default to the 2008 bankruptcy date as is the case with all other debts? Anybody any ideas?

Equifax was an online complaint so we called them and they have escalated sons case. That was two days ago and today they have confirmed by email that they have fixed this. The file is in the post so we will just have to wait and see if its been done properly. Information has come from the third party that he was made bankrupt last year by one of the companies. He was told by post (so the lenders did know how to contact him). Now we need to find out, firstly, if it is true, as third party is confused a lot of the time and secondly the DCA's make up court lookalike letters to scare people so maybe its that. I would find it hard to believe that any company could bankrupt the wrong person ?? Am also going to check CCJ's just in case. NI we don't always have CCJ's registered on credit files immediately. Seems that as soon as son went on the electoral roll that all the companies decided to set their DCA's on son. We have had at least one phone call from Westcot to a neighbor asking for information about who lived here. There has been a lot of post from DCA's but I have just returned it as I didn't realize that it was son they think they are looking for. Why would I? Just got my post and obviously the DCA's have decided to carry on chasing son even though they all know now that he is not the person they are looking for. All got proof from me by post and all have been contacted by Equifax & Experian. But still today I have a nice little post card from Wescot who would like us to call Dani and a letter from a local solicitor threatening court. Lovely : ) What a shower of incompetent *****.

Does this help anyone? Its a "press release" from Swift offering an extra 1% commission to intermediaries. http://docs.google.com/viewer?a=v&q=cache:zNohyTAxexkJ:www.swift.co.uk/_campaigns/pressreleases/Spectacular_Summer_Spree_Jun_07.pdf+loan+introducer+uk+%2B+swift&hl=en&gl=uk&pid=bl&srcid=ADGEESjR_Bprl_-3T2xmOwy4aecGYKYz3szSGoiFGKbq-kxRbjOT-FER5CIHrV8usEnl6Zuz1mSFU4NeMGTGyuUR81t86aP3JHo6Q4j7rcm07AsGvXFT0u-JYpujysQc9mn0nFYla4Ci&sig=AHIEtbRuoS6f0D_VwtF23RRW8qEG-M6YbQ

The 28 days Equifax have to investigate are up today and they have not even replied. Do they not understand how serious this is? Silly question.

Hi postggj That would be good!! I really must find the time and get a proper read at that. Seems to me that this should be a very straight forward case, however the lenders barr two just arn't in any hurry to fix this. Thanks for your input.

Thanks for the move silverfox. OK so today another trace company has writen and confirmed that they have requested to Equifax that the searches they recorded should be removed. The company is TNC legal sevices and they say they have paid attention to the relevant requirements of the Consumer Credit Act 1974 and 2006. The letter we recieved also complies with CSA trace guidelines Section 5. They also state that their client, an insulation company did not provide them with a date of birth. Strange then that they recorded one on sons file. Haven't heard from any of the other companys who have defaulted or reported adverse data. Just how long do they need? All letters were sent recorded delivery and all have arrived. Equifax themselves haven't even come back yet. They reckon 28 days which they didn't state as working days so I am taking it that they have to reply by this Friday. Orginial complaint sent via their online system on the 25th March. Am looking forward to Equifax response. Hopeful that they will just scrap the whole report. I am going to keep up dating this as it is a good way for me to keep track of events.

postggj Thanks for that, I have just found some detail on a case Woodchester v Swaine here http://www.consumeractiongroup.co.uk/forum/showthread.php?297476-Woodchester-v-Swain Is that what you were refering to? I will try and get a good read through it later today. Thank you

Thanks silverfox. They offered costs to date for postage & photocopying. We are just ignoring that offer as its pathetic. Most of what he has been turned down for credit wise is basic banking and a mobile. When he went to uni the first year he was declined a shared flat. We have written to the letting agent asking them to put in writing the reasons why. At the time he was told credit score and asked to pay several months rent as a deposit instead, which he couldn't do so he stayed here and just travels in now. None of them do anything quickly do they?