HFC - default?

[gmm100]

This isn't strictly related to bank cahrges however I'm hopeful that somebody on here may be able to offer some advice on an apparent deafult? Please!

 

I've received a 'Default Notice - served under Section 87(1) of the Consumer Credit Act 1974' from a company called TBI Financial Services.

 

It seems as though this relates to a loan that I had with HFC Bank something like 10 years ago!

 

Does anybody know if they can do this, due to the length of time involved etc, especially without actually providing me with any information at all except for a request for a payment?!

 

If a default has been served, should I check my credit file? How long does it take to appear on experian or equifax and can I challenge this and get it removed?

 

I'm loathed to respond to them just yet in case that some how prejudices me, any thoughts, tips or suggestions would be gratefully received, sorry for all the questions!

[postggj]

is this default from a dca

if it is which one

 

dont worry you are on a winner on this one

 

sorry it is a dca

 

check your credit file

experian do it free for 30 days, then cancel

only do this if you have no outstanding debts hiding in your past

 

if you have a default

 

bingo

 

when did you last make payment on this account

[gmm100]

Hi, many thanks for your reply.

 

I've just tried experian but it's blocked me as I did this once before, they've given me a number to call during office hours, will have to call them tomorrow, don't know if I'll get a free go again.

 

I'm not sure but I think the last payment would've been around 10 years ago, maybe more, I think I cleared it though but I could be wrong, it is possible that I didn't.

 

DCA is T.B.I Financial Services Ltd in Reading.

[fedup74]

If last payment/acknowledgement was 10 years ago they're 'avin a larf. It is statute barred. Send them letter M in the letters library. GOOD LUCK:)

[postggj]

very true fed up

 

ime thinking if they have put a default on the caggers credit file

compensation

[postggj]

try equifax free trial

[gmm100]

Thank you both, excellent help.

 

I've found the letter and looks excellent. I need to check with experian tomorrow and see if they will let me back in to look at my file. Presumably I should hold fire on the letter until I know whether or not a default has been registered and then amend it accordingly or use one of the other letters in conjunction to get the default removed?

 

Thanks again for the quick replies and assistance, great work.

[gmm100]

I still haven't looked at my file to see if a new default appears however it has occured to me that a default was probably issued at the time of the original loan, how they can just decide to issue a new default??

 

I have now received a solicitor's letter (from exactly the same address as the DCA) threatening enforcement action and putting me on notice that they will seek a charging order over my property.

 

I will now send them letter 'm' and letter 'n' I think but should I also request confirmation that if they have indeed issued a new default notice that they confirm removal of this, the letters don't seem to actually mention that bit?

 

Thank you again in advance of any assistance!

[gmm100]

Letters m and n were duly sent and I have had a reply from the DCA's solicitors.

 

The solicitors (that have exactly the same address as the DCA) have acknowledged my letter and the points raised and have stated that they will refer my points back to their client.

 

They've also returned the £1 postal order stating that it should be made payable to the DCA and not them!? Am I right in thinking that they can't do that? If they're acting, they're acting, they can't just punt me back to the DCA, can they?

 

Any suggestions?

 

edit - I have just seen on some other threads mention of not signing requests for CCAs - why is this? I didn't know this and did sign mine, is that a bad thing?

 

Thank you in advance of anybody able to offer some guidance - please!

Edited December 21, 2008 by gmm100
edit - add comment

[gmm100]

Can anyone help me, please!

 

Also, should I be sending another letter (in addition to M and N as detailed above) regarding why they are processing my data and a complaint to OFT?

 

Please, someone!

[fedup74]

Hi gmm sorry you've been missed. The reason we say don't sign is because apparently it is really easy to copy your signature onto a credit agreement by using photobucket or computer technology. Stop worrying about the solicitor telling you to request agreement from the DCA if it is stat barred there is nothing they can do. They might threaten you with enforcement action and a charging order but a judge will laugh at them and probably award you costs. They won't be stupid enough to try and take this to court. You have done what you need to do -you have told them it is stat barred, if they choose to ignore your letter-tough. Stop worrying and have a great Christmas.

[gmm100]

Thank you!

 

I'll check my credit file mid-Jan and see if anything's on there from them, fingers crossed there won't be, if there is, I'll be back! Thanks again

[BankFodder]

I think that you need to get full details of the alleged debt. If you are completely correct that it is time-barred then I would suggest that you commence a legal action to have the default removed. It is quite outrageous that you can be defaulted a second time for the same debt and 10 yrs later.

I expect that a judge would not be pleased about it.

Also, if it is time-barred then I think also that the judge should be told that these solicitors have been threatening you with a legal action. This would be an altogether misleading thing to do. It would be unlawful under the Consumer Protection from Unfair Trading Regs and also I am quite sure that it would be a professional breach.

 

Don't hang around on this one. From what you say, I would expect that you will have no difficulty having the default removed and also to draw a little blood.

[gmm100]

Update! I wrote to TBI (debt collection agency) at the time of this requesting that they cease action and that they do not issue a default on my credit file. I did no more about it - stupidly.

 

I have just discovered that the debt (sold on them by HFC) does appear on my credit file, it states started 17/01/2005, defaulted 31/07/2007 and updated 23/11/2008 - it appears on my credit file as a default. This is definitely a new default issued against a debt that had already been registered as a default some years previous.

 

Any advice on next steps gratefully received! Especially as my car credit (3 years ago) was declined and I could only get accepted at a rate equal to £40/mth higher, that i have been paying ever since.

 

Thanks in advance of any guidance offered.

[dx100uk]

if your last payment was 10yrs ago

question the cra as to WHY it is still showing then!

 

it should be well statute barred!! and not showing.

 

 

dx

[gmm100]

Right, just come off the phone with them and they have agreed that the default shouldn't be on there and said it was an error! They have said that they will remove it this week.

 

I asked about compensation and they said that I would have to write in - has anyone got any sample letters including calculating how much you should request?

 

Thank you!

[dx100uk]

with who?

 

dx

[gmm100]

The DCA - they agreed it shouldn't be on there, no mention of why they didn't take it off when I requested by recorded delivery (Dec 08) under limitation act or why they failed to deliver on the SAR request.

[dx100uk]

the fact of the matter is here that the CRA's should not of been processing the info as its SB'ed

a 'default' does not reset the SB clock!

 

IMHO its the CRA that have wronged you, not the DCA.

 

go ask them for compensation

 

think its on their website too.

 

dx

[gmm100]

Not sure that that the CRA would have known as the name is different from the original and the date supplied by the DCA is incorrect (and therefore not statute barred). Pretty sure it is the DCA to blame, especially as they had opportunity to correct their *mistake* 2 years ago?

 

From what I'm reading, it seems to me as though they do this in full knowledge and get away with it most of the time so view it as a risk worth taking. Disgraceful really.

[dx100uk]

hang on barking up trees before we can .

 

the debt is not sb'ed is it?

 

you said 10yrs now its 2005 it started.

 

so i dont think we can complain about two defaults on the same debt.

 

or have a got this wrong.?

 

dx

[gmm100]

Original debt and original default 1998 with HFC.

 

It then appears as though the DCA bought the debt and updated the credit file in 2005, issued a new default (for the original 1998 defaulted debt) in 2007.

[dx100uk]

god this is hard the way it being explained............

 

you had a loan taken out with HFC in 1998

you defaulted on it, [poss one of more missed payments resulting in a 'default' - more on this later]

this went dormant.

 

TFI brought the debt

it gets renamed under their name

they 'inherit' the old default [it gets renamed to them as well even though it is old]

 

then they issued a 'default notice'

 

was there a point in time when the A/C was not on your CRA?

 

was there a point when the same debt was listed twice under two names and two accounts?

 

or how about scanning up the CRA file?

 

dx

[gmm100]

Ok, generically.

 

An expired and statute-barred debt is re-registered as a default by a different company. They have promised to remove the default and agree that it was incorrect.

 

How do I go about claiming compensation?

[dx100uk]

so it was not on your cra for xx period

then it got put up under a new a/c under a new oc

tbh: i really think its a cra issue

 

they really should be checking the data before putting a/c's on

 

i'll investigate the compensation

or try our search

 

dx