HFC have taken me to court

[santamonica]

How many default notices can one company send for the same debt?

 

I received one from HFC in 2002, I was a student at the time with no way to pay the arrears. I resigned myself to this thinking it wouldn't show on my credit file after 6 years anyway by which time I'd be qualified and in a better financial position. I had plans to get on the property ladder when this was off my credit file.

 

The problem is they sent me another default notice about 1 year ago and now they are threatening to send me another one. This means this debt is still going to be one my file for another 6 years.

 

They have also added charges and interest continually so the debt is now about 3k more now than it was last year.

[BankFodder]

It does sound very unfair to me. I don't know the answer offhand to your specific question. However it is clear that it has to stop. What are you doing about the charges? What all the figures? Do you have a thread going about this in the appropriate forum?

[santamonica]

Sent my DPA request today. Also asked for copies of all default notices they have sent me (3 in 4 years all for the same debt)

 

I know I've been charged £15 nearly every month since 2003 because I'm paying a reduced amount that they agreed to

 

Gill.

 

 

this site is so addictive but it's made me realise I don't have to worry every time the phone rings, I don't have to put up with threatening letters and phonecalls.

[santamonica]

Thanks for the reply.

 

Spoke to a debt specialist in the CAB and discovered they can only issue 1 default notice per debt so they are going to help with this. After the 1st one they can go to court, wondering why they haven't done this.

 

Sent away DPA request today.

 

Have started a thread in the appropriate forum today.

[jonni2bad]

I'm sure that the CAB advised this, but if you check your actual credit files you will find out if they issued one or not. Experian have a 30 day free trail which will save you £2, just be sure to cancel before the deadline or else it's about £5 per month.

 

For anyone else reading and interested...

 

Default notice

A default notice is a formal letter a lender sends you when you are so far behind in your payments that they have decided your relationship with them has broken down. This varies from lender to lender but generally happens when you are between three and six months in arrears. If you receive a default notice it might mean that the lender is planning to take legal action to recover the money, but you must be notified separately of this. A default notice will almost certainly mean that the account will be shown as defaulted on your credit report, which will make it difficult for you to get credit. This information is kept on your report for six years but the balance should be updated as you make repayments and after six years it is removed, whether or not you're fully paid up.

[santamonica]

Hi,

 

I got my credit file a couple of weeks ago and it shows a default from this company in 2004. They sent another one on Friday which if it goes on my credit file (and knowing HFC it will) will cancel out the one from 2004 which means it will be 6 years from now before it disappears.

The CAB say that the regardless of how many defaults they issue only the first one should show on my file i.e. the one from 2002, meaning it should be removed from my file in another 2 years.

[jonni2bad]

Good - that's certainly the way I understand it. I think it's highly likely that someone at your bank hasn't bothered to find out if one had been issued in the first place.

 

I'm claiming from the Halifax at the moment, which includes a default removal, and they asked ME to provide THEM with proof it had even been issued!!

 

Idiots.

[jonni2bad]

...this site is so addictive but it's made me realise I don't have to worry every time the phone rings, I don't have to put up with threatening letters and phonecalls.

 

Quite right too, nobody should.

[Chr1sty]

Hi

 

I have been reading your thread which gave me some answers I am seeking, but could someone help me with one other thing....my default is due to come off, but I am still under a payment arrangement, can they put on another default after this current default is removed?

 

Thanks

Chr1sty

[santamonica]

Got a reply from HFC which is a statement of my account.

They didn't send copies of default notices, should I reply asking for these again?

[jonni2bad]

Yes, refer to it specifically and state the deadline.

[santamonica]

Has anyone in Scotland taken a company to court for no credit agreement and refusing to remove a default??

 

I need to do this with HFC but don't have a clue what I need to do, what forms to fill out etc. I presume it's not a small claims action as no money is involved.

[santamonica]

I'm still trying to deal with these clowns. Today I received an intention to register a default if I don't pay the outstanding amount within 28 days. There is already a default registered with the CRA's from December 2004 for the same account.

Can they register another one meaning it will be 6 years from now before it drops off my credit file?

[jonni2bad]

No, only one default can be made against any debt. I think they either forgot the law (not unlikely) or they are just trying to intimidate you.

 

What precisely are you doing with this? - i.e. have you started a claim or are you just making payments to them etc?

[santamonica]

I'm waiting on info from them concerning the account, i.e. cca, statement, ppi payments and amount charged etc. I've stopped making payments as they have defaulted on my request.

[jonni2bad]

Did you send them a SAR?

 

If so, when?

[santamonica]

S.A.R. was sent 28 March.

[santamonica]

I let this one slip due to other things happening and never got round to dealing with it again.

 

Now I don't have any choice they've taken me to court

 

I received the court papers a couple of weeks ago and sent them back requesting a time to pay. I received the letter this morning telling me that HFC have rejected this and a hearing date has been set

 

So a couple of questions;

1. this account is in joint names but my OH doesn't know it's got this far (he knows it's in serious arrears), does he have to go to the hearing or can I go by myself

2. do you think at this stage they'd take a payment as final settlement and if so for how much. The original loan was for £8050 which ended up being £16,000 approx with interest and insurance. I'm unsure of the balance still owing, the credit reference agancies says £7616 but the court papers say £8665.

3. They also say in the court papers that they defaulted this account in November 2007 but it was defaulted in December 2004 according to the CRA's. Can they now default from the court date?

 

Any help would be very welcome as I'm worried sick over this, we thought we were finally sorting ourselves out and now this.

[santamonica]

I received the court papers a couple of weeks ago and sent them back requesting a time to pay. I received the letter this morning telling me that HFC have rejected this and a hearing date has been set

 

So a couple of questions;

1. this account is in joint names but my OH doesn't know it's got this far (he knows it's in serious arrears), does he have to go to the hearing or can I go by myself

2. do you think at this stage they'd take a payment as final settlement and if so for how much. The original loan was for £8050 which ended up being £16,000 approx with interest and insurance. I'm unsure of the balance still owing, the credit reference agancies says £7616 but the court papers say £8665.

3. They also say in the court papers that they defaulted this account in November 2007 but it was defaulted in December 2004 according to the CRA's. Can they now default from the court date?

 

I sent a SAR request last march and finally received everything in December but never got round to doing anything due to other things going on. To be honest I just want to get this sorted and get HFC out of my life.

 

Any help would be very welcome as I'm worried sick over this, we thought we were finally sorting ourselves out and now this.

[pt2537]

Hi There,

 

can i ask, did you file any form of defence or did you just admit that you owed the money?

 

have you requested the credit agreement yet? have they supplied it yet?

 

can i ask what their particulars of claim were?

 

sorry for all the questions

 

Regards

 

Paul

[santamonica]

Hi Paul,

 

I admitted I owed the money. I've had the credit agreement but it isn't signed or dated by either myself or HFC though we do have a copy of the account set up which is signed.

Their particulars of claim were

'on or around 08 August 2000 the parties entered into a loan agreement...the defenders have failed to make payment in terms of the provisions of the agreement. They allowed arrears to accrue on their account. On or about 19 November 2007 the pursuers served a default notice on the defenders in terms of section 87(1) of the consumer credit act 1974 (I never received this, the account had already been defaulted in 2004). The defenders have failed to comply with the terms of the said notice. Accordingly the loan agreement has been terminated. As at 29 November 2007 there was a balance due for payment by the defenders to the pursuers under the said agreement in the sum of £8665 (£7616 with CRA). The said sum remains due for payment. in terms of the said agreement interest is due at the rate of 12.35% from 29 November 2007. The defenders have been called upon to make payment . They refuse or delay to do so'.

It comes from Patten & Prentice solicitors.

 

You can ask as many questions as you want , I just want to get this sorted

[santamonica]

Hi,

 

Myself anf my OH have a loan with HFC which was started in 2000 and includes PPI. This was sold to us despite them being told I was unemployed and we didn't need it. We fell into arrears and when we tried to cancel the PPI to have lower monthly payments we were told we would have to take out a new loan which we didn't do. We eventually defualted and were taken to court last year where a monthly payment was agreed which we have been paying. I don't have any of the original docs regarding the insurance and not sure how to get these.

Could we make a claim for PPI even though we are still paying the loan back?

 

Thanks

[dx100uk]

yes ofcourse you can

 

you need to SAR HFC.

 

dx

[santamonica]

Hi,

 

Looking for advice concerning claiming ppi from HFC.

 

We had a loan with them in 2000 which included ppi at a cost of £2248 + £1388 interest. We should have finished paying it in 2005 but because of arrears, charges, court action etc we're still paying it off now and probably will be for the next 3 or 4 years.

 

After reading everything concerning mis-selling I'm pretty sure we have a claim because we were told we couldn't get the loan if we didn't take the insurance. When we started to fall into arrears and tried to cancel the ppi to reduce our payments we were told the only way to do this was to restructure the loan over a longer period but we would still need to take insurance to be accepted.

 

I have a copy of the loan agreement which shows the total for the loan and the insurance. I also have an annual statement which says ppi isn't included

 

My question is would we be able to start a claim as I presume the insurance was cancelled by them when we fell behind with payments. Is it too late to claim because the loan was started so long ago?

 

Thanks xx

[ims21]

No time limit on mis-sold ppi claims. Go get 'em

 

ims