Hi Guys,

Dont want to post any specifics. But in a nutshell. A certain high street bank has been recording a DEFAULT marker on my credit profile incorrectly for 5 years for an amount just over 10k.

This has denied me all forms of credit.

I am not a greedy person but want to ensure I am fairly compensated. The FOS sound like they are having kittens calculating something like this.

So in your opinion, what would be 'fair'?

Thanks

Only in two cases are they allowed to process this information.

1) They have legally purchased the debt and are executing their rights as a Data Controller. They can however only process the details of the ORIGINAL default and cannot make a new one.

2) You have given them express permission permitting them authority to report to the CRA's on your account conduct and have specifically given them rights to record your payment history.

The latter is extremely unlikely!

What happened in my case was HSBC were recording a default. They sold the debt. Now the DCA records the SAME information however with their name.

You should challange their authority to process this information in your name.

Thanks Pinky. But what I am worried about is what if they decide that they will remove the 1 default and place 2 defaults for each account back up.

I guess I need absolute clarification that the accounts have been combined, or do I?

Im not sure!

bump

Hi,

I had a loan & current account with HSBC taken out in 2003.

The loan defaulted as I could not keep payments up on it. The reason for this was I lost my job and the PPI did not cover me as I was a contractor at the time.

The loan & current account defaulted. The current account default is made up partially of unlawful penalty charges.

The account was then eventually sold to Phoenix Recoveries and Fredricksons International I am presently making monthly payments to.

The account balance seems to have been combined, however I am unsure at which stage.

I was missold the PPI and successfully managed to get a refund on the PPI amount, however as usual they did not admit fault, merely upheld my complaint and duly refunded the PPI amount to the loan/current account balance.

Whilst the loan was with HSBC my credit report recorded that I had a default for the loan and a seperate one for the current account.

Now Fredricksons are recording only one default for the combined amount.

Essentially what I want is to get this default removed. I presently have a case with the FOS as I believe I should not have a default as the PPI was mis-sold and had it not been mis-sold I would not have defaulted.

However, do I have any other angles that could be explored. I have seen mentioned in other threads the fact about combined accounts making a new account and as I had not agreed to it making it unenforceable.

I have already SAR'd HSBC and have all the information. The CCA is enforceable.

Any help/thoughts appreciated.

Hi Guys,

I ammended the letter that was sent and send it to my local MP. I was extremely surprised to firstly get a response and not only that but the actual response seems to have got to the right people!

Here is a copy of the reply:

Dear Mr YHS4260

 

Thank you for your email of 29 July about unfair debt collection practices.

 

I appreciate your concern about unscrupulous and unlawful practices by debt collection agencies, and I share your concern about the affect such practices can have on vulnerable people.

 

I have therefore written on your behalf to Peter Mandelson, the Business Secretary, asking for a response to your concern that debt collection agencies are poorly regulated. I have also written on your behalf to the Chief Executive of the Office of Fair Trading, with a request that he respond to your concern that it is not doing its job.

 

I will contact you as soon as I receive the replies, but in the meantime, I hope you will not hesitate to contact me if you would like to discuss this, or any other matter, further.

 

Yours sincerely

 

 

Rt Hon. Michael Wills

MP for North Swindon

This one?

 

Dispatches: A letter to my MP

Thanks! Mod can lock/delete this thread now.

Hi Guys,

For the love of me I cannot find the original post. Sorry OP! But the other day someone suggested writing to your local MP in reference to unfair debt collection practices in relation to the recent Channel 4 documentary dispatches.

I ammended the letter that was sent and send it to my local MP. I was extremely surprised to firstly get a response and not only that but the actual response seems to have got to the right people!

Here is a copy of the reply:

Dear Mr YHS4260

 

Thank you for your email of 29 July about unfair debt collection practices.

 

I appreciate your concern about unscrupulous and unlawful practices by debt collection agencies, and I share your concern about the affect such practices can have on vulnerable people.

 

I have therefore written on your behalf to Peter Mandelson, the Business Secretary, asking for a response to your concern that debt collection agencies are poorly regulated. I have also written on your behalf to the Chief Executive of the Office of Fair Trading, with a request that he respond to your concern that it is not doing its job.

 

I will contact you as soon as I receive the replies, but in the meantime, I hope you will not hesitate to contact me if you would like to discuss this, or any other matter, further.

 

Yours sincerely

 

 

Rt Hon. Michael Wills

MP for North Swindon

Upon completing the form:

Bad Referrer - Access Denied The form attempting to use FormMail resides at National Debt Support Centre, which is not allowed to access this cgi script. If you are attempting to configure FormMail to run with this form, you need to add the following to @referers, explained in detail in the README file.

Add 'moorcroftdebt.com' to your @referers array.

FormMail V1.92 © 1995 - 2002 Matt Wright

A Free Product of Matt's Script Archive, Inc.

This is an attempt to use the moorcroft sendmail/formmail cgi app on moorcroftdebt.com and the interim link is Bad Referrer - Access Denied.

Something fishy going on here!

Sent today. Does this mean they cannot resell it if its acknowledged?

Hi,

I received a letter from Red which concerns a debt over 9 years old.

This has been passed from pillar to post around various DCA's.

To my amazement, I contacted them and informed them this was statute barred.

Without even explaining why, the guy on the phone said 'Thats fine, you'll have a letter in the post tomorrow confirming this from us'.

Thanks!!! Just seems a bit easy! I have sent a letter just incase anyway.

I contacted the ICO. They acknowledged my communication however have still not written to me. Thus so far, no nothing has happened.

I even contacted HFO back regarding the matter. They called me and asked for payment, go figure!

bump

Hi,

Yes the text is from Mercers! How would I begin to fight this in a court?

Thanks

Gary

Hi,

Hoping for some assistance with this one.

On 28/07/2004 Barclaycard recorded a DEFAULT from a credit card account which appears on my credit report for an amount of £878.

I have sent a SAR to Barclaycard which specifically requests for a copy of a copy of the default.

The copy provided is an electronic print off of the text that was contained in the letter, and not a copy of the original.

I have noticed multiple discrepency's

1) The amount is different than that recorded on my credit report. It is lower.

2) The date is 5 months earlier than specified on the copy of the default. Therefore the date does not match.

Can anyone advise me on what legal implications this has. I think its invalid for 3 reasons

1) Incorrect amount.

2) Incorrect date.

3) Invalid copy.

Thanks

yhs4260

Hi,

This is a quick message to update this thread. I decided to complain to the FOS and included all correspondence.

The FOS looked into my complaint and after 3 months Halifax decided to remove the default in its entiry from all cra's.

I won. Woohoo!

Thanks to everyone for there help and in particular car2403 for the example letters.

Hi,

This is a quick message to update this thread. I decided to complain to the FOS and included all correspondence.

The FOS looked into my complaint and after 3 months Halifax decided to remove the default in its entiry.

I won. Woohoo!

Thanks to everyone for there help.

angry_cat whilst car2403's comments may seem to you as throwing cold water over the argument, it may be a wise idea to listen to his words. Whilst not trying to blow smoke up his tailpipe I can catagorically say that his advice is very often trustworthy and a reflection of personal experience in these matters.

I too wish you the best of success in your endeavours.

thanks. i have been following most HFO threads actually I am aware of there dirty tactics which is why I am treading carefully!

They just do not respond to me anymore, and I want to get them to remove the default they put on my credit file.

I want to begin court action for this, but need a lot of help in regards to the paperwork!

bump. anyone point me in the right direction. thanks.

To cut my original thread short (http://www.consumeractiongroup.co.uk/forum/legal-issues/138511-barclaycard-cca-valid.html)

VS BARCLAYCARD

I SAR'd BC. BC Supplied an ineligible copy of a CCA. I have sent two complaint to BC for charges + interest refund. Both complaints ignored.

As BC are ignoring me I wish to submit a court claim form, but dont know where to begin, anyone have any helpful pointers please.

VS HFO SERVICES

I have CCA's, SAR'd HFO. Completely ignored requests and didnt supply information. HFO are presently recording a DEFAULT on my credit record.

The CCA supplied by BC is inelligible and unenforceable. I wish to have this DEFAULT removed from my credit profile as there is no enforceable CCA to enfore it by.

Suggestions please on what litigation I can seek to remedy this?

Thank you in advance

Ok here is my plan of action. I have written one final letter to Barclaycard asking them to ackowledge and resolve my complaint. I will be sending this by Special Delivery on Monday 23rd for Delivery on Tuesday 24th.

I intend on giving Barclaycard until 7th July to acknowledge my complaint.

Should Barclaycard continue to fail to respond I intend on beginning court action.

My intentions are to:

1. Recover Penalty Charges + Interest

2. As a consequence have the default ruled as void. Woodchester Lease CASE.

Now in preperation for court action, I would be very grateful for help in terms of preparing the court papers. Also any flaws in my plan!

Any pointers to start please?!

G

Dipply75 I share your thoughts, its bang out of order that we have to pay to discover problems with the data they record about us. Its a sad state of affairs

Hi Dipply75,

I had a similar issue with my credit profile. A linked association with no information except a date. In my case the link came from an Application, it was never an account that actually opened however that was deemed enough to create an association. The reason there was no information on it was because the CRA wipes data about the 'search' after 12 months. Although this may have changed since 2001 (When it occured for me).

I would send off a letter of disassociation to them. As for the fact that it has cost your OH more money as a result... I am guessing that they would argue that it is his duty to verify the information on his profile is accurate?

Good luck.

G

FOS Acknowledgement received 19/6.