Another quick question while I'm working on all this:

I had a default notice from HFC, and If I remember correctly it stated they would terminate the agreement if the arrears was not paid in 14 days.

However I never did pay the arrears, I just started paying the monthly amount for a few more months, when upon I disputed the debt and stopped paying altogether. I then recieved a new default notice.

Would any of the above have any impact on this case?

(P.S. I've sent another SAR to them to verify everything as they never complied with the first one)

If he acknowledged, but didn't submit a defense, he should be able to get it set aside as the default judgement is deemed irregular.

Just had a letter from Red, they are going to review my credit file and decide a course of action. Then they threaten CCJ or Bankruptcy action. Lots of mays ifs and perhaps. So I take it its another threat gram?

I'm only claiming what I've paid in to HFC with 8% interest, and any interest added to the loan as a result of the PPI correct?

-Lokur

He should check his credit file to see if a default has been filed.

Also does he intend to repay his debt?

Another letter from Lowell.

Despite having written to me with a reply to my prove it letter, they have yet to hear from me. If I dont contact them in 7 days they will re-asses the status and may send it to one of their external collection agencies for collection.

Should I inform Lowell that there is a dispute with the original creditor?

All i've communicated to them so far is a Prove it letter,

which I think was a mistake as they became a lot more aggressive

following the receipt of statements showing that I had paid some moneys in after default making it Not statute barred.

I'm still compiling all the stuff for a PPI reclaim against HFC.

-L

While I'm no expert, but I believe if you acknowledged, and defended all but forgot to send in your defence. They will issue you a CCJ without any further chance to defend.

However I think you can get it set aside as it's an irregular judgement, if you have acknowledged but not defended.

Someone else should be able to give you more specifics though.

Had another letter today.

They are disappointed that after writing to me I've made no attempt to pay or arrange a payment plan. They urge me to get in contact immediately otherwise they may issue court proceedings.

Fairly short letter with just a few lines.

Ok, I'll take a look at some of the successful reclaim threads to find the correct letters, and tools to calculate reclaiming amounts.

One thing that I haven't mentioned, was that I had a loan with HFC of about £1,000 which had a PPI included that was consolidated into this new loan when it was taken out. So there could be additional PPI costs to reclaim.

-L

Do I aim my reclaims at HFC?

No, I sent them a Prove It letter, which prompted the Statements and also a credit agreement. I'll scan up the agreement and post it tomorrow.

My main worry is the wording in that letter make it sound like 7 days, and County Court.

I've spoken to a family member who have some money, and they are willing to help some, so I'm wondering if it's worth making an offer?

Converted to PDF.

I'll scan up the statements and the letter tonight, and post it tomorrow morning.

I called HFC just now and the person I spoke to could find no record of any SAR on my account.

Should I resend?

The standard letters I've had in the past from Lowell, is full of Mays, Ifs and Buts. However this one was strictly: Pay in 7 days or we reserve the right to issue court proceedings against you without further notice.

-Lokur

Should I respond to this letter, as the way it was written strongly implies they will take it to court as soon as the 7 days are up to avoid the SB happening in December.

If I write something along the lines of:

Dear

Thank you for sending through the statements. To verify that I owe this debt, I've sent a subject access requirement to HFC bank which they have 40 days to respond to. I tactfully request that the 7 day deadline mentioned on your letter be extended so that HFC have a chance to comply with the SAR and that I can review all the information received.

Kind regards,

I can't afford this going to CCJ, as I've just cleared the default this debt caused in the first place. Me and the wife is planning to buy a house to raise our kid, and a CCJ will ruin those plans.

Just had the statement true from Lowell along with a letter.

The letter states that Lowell and HFC see no reason this debt shouldn't be paid and that they reserve the right to issue court proceedings within 7 days without further notice.

The statement show that the last payment on account was December 2008.

I'll scan the statement and the agreement up.

I think technically they can't assign the debt to Lowell due to the dispute, but I'm not sure how strong a defence that really is?

-Lokur

The default was issued over 6 years ago,

but I made payments after the default notice,

after i lost my job I couldn't pay,

it was defaulted and

after a while I got a new job and started paying.

I stopped paying again as a result of finding out there was a PPI insurance on the loan

that I hadn't asked for, didn't want, and hadn't received any Terms and conditions for.

I Disputed the debt and demanded that it was taken off before I would pay anything.

I have not heard a word from HFC since re this debt untill it was sold to Lowell.

The default is definitely cleared from my credit file now.

-Lokur

I went over my old HSBC statements, and

in November 2008 I made a payment to HFC on the loan,

then HSBC recalled the payment due to not enough money in the account.

This happened again in December and January when i cancelled the Direct Debit.

Would the statute barring be from January 2009 or from the last real payment?

-Lokur

Yes I did, the person in question said they where struggling to find all the documents as they had been archived and that they would be with me shortly.

They have not cashed the cheque either.

@DX quick question, if HFC charges my HSBC account the payment, and then HSBC retracts the payment as there is no coverage (By direct debit) does that count as a payment towards statute barred limitations?

-Lokur

No response to SAR, and no statements arrived yet.

I've had a signed agreement through.

I've no idea what is taking so long...can't be that hard to print off some statements from their computer system?

-Lokur

I've just had a letter from Lowell with a signed agreement, and a letter stating that all the statements are to follow in a separate cover.

I'll scan these up as soon as they arrive.

Still no statements from HFC. I had a letter from Red stating they where taking me to court. I sent a letter back asking them to prove the debt, I've had a letter back stating my account is on hold till they can prove it.

So I should just ignore Lowells till HFC responds to my SAR?

It says I have 21 days to respond to their offer, should I send them a letter or just ignore for now? I've read on here they have been quite trigger happy with court issues, I'd rather it not go to court.

I was under the impression the default was just 5 years,

but I could be wrong and that it would come off end of this year 2014.

However,

I've not had any answer to my SAR at HFC.

My cheque for £10 has not been cashed either.

However I just had a letter from Lowell, offering the following:

Full and final, with 25% discount.

Or Pay £60 a month till it's paid off.

I've yet to discuss this debt with Lowell in any way,

while waiting the outcome of my SAR.

Lokur