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Mrs.Wifey

Length of time to register default???

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Hi All,

 

I've been working for the past couple of years to clean up my other half's credit file, but there is one thing standing in the way. There is a default on his file by Hillesden Securities LTD (for Welcome Car Finance) that was placed in April 2005 for about £9,000. This leaves nearly 2 years before it drops off his file!! The problem (or hopefully solution) is, the debt itself was statute barred this past April and I have the paperwork to prove that the last payment or acknowledgement made was April 2003, thanks to a CCA request.

 

I didn't receive a default notice in the paperwork sent, but I'm guessing that Welcome defaulted him around August/September 2003 as according to his account files, letters stopped being sent around that time and I know that a removal company appeared to repossess the car shortly thereafter.

 

What I don't understand is where Hillesden Securities comes into this as far as the Default goes. Obviously, they were the DCA that bought the debt, but I didn't think that they could register a default nearly 2 years after the fact???

 

I'd really like to get this removed, because we're considering a mortgage soon and this is the only real huge black spot on his file. Do I even have a case?

 

Thanks!

Wifey

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Did You Ever Do An Sar On Welcome To See If They Ever Had A Default Notice

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Financial companies defaults can appear many months after the last payment was made......however you might find a few of the links in this post of help - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html#post1907382


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Hi again,

 

postggj: No, I never did a SAR. When I posted a while back re: my husband's welcome finance debt, the general consensus seemed to be not to bother with a SAR because the statute barred date was so close. When I sent a CCA, I got a whole packet of stuff, including the account data showing last payment taken from my husband's bank account.

 

42man: many months I can see but nearly 2 years? I'm thinking that Hillesden has falsified the default date when they bought the account, maybe?

Thanks for the links...I'm checking them out now.

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My Thinking Is Just That

When They Got The Account

 

I Would Send Welcome An Sar

If The Default Notice Is In There I Would Shove It In Dlc Face And Demand Some Comp

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My Thinking Is Just That

When They Got The Account

 

I Would Send Welcome An Sar

If The Default Notice Is In There I Would Shove It In Dlc Face And Demand Some Comp

 

Do I send Welcome a SAR or Hillesden, as they've bought the account?

Also, is proof of the default notice and dates the only chance I got? I was kinda hoping I could dispute the default in Experian and Equifax and see if they would make Hillesden maybe cough up the relevant information. I guess that's serious wishful thinking eh :rolleyes:

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Wishful Thinking With The Cra

 

The Only Way I Would Think Is Getting Hold Of A Copy Of The Default Notice With Out Tipping Them Off

 

I Feel Only An Sar Would Do That

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Yup if you report a notice of dispute through the CRAs all they will do is ask the company "Is the data correct?" and wait for a Yes or No.

 

They DON'T ever ask the creditor to back up their data.

 

What you need to do is a SAR on Welcome (might as well do it on Hillesden as well, couldn't hurt to have everything at hand).

 

What you need to be able to PROVE is that the account fell into default BEFORE it was bought by Hillesden.

 

Essentially, once a default notice has been served, any subsequent default notice from the creditor or a DCA that the creditor sells the debt onto is invalid.

 

Once Welcome send you the information it should contain a default notice. You then need to write a letter to Hillesden advising that they have served an invalid default notice on a debt that had already fallen into default.

 

They probably won't help but you still need to try, otherwise the Data Protection Comissioner won't help.

 

You then need to get a "Full and final" response from Hillesden on the matter, or wait for 8 weeks to pass from the date you wrote to them, and the Data Protection Comissioner will look at your query, see the original DN from Welcome, and write to Hillesden demanding they remove the data.

 

If 28 days pass from the time the Comissioner write to Hillesden without the DN being removed, they will then write to Experian, Equifax, and Call Credit, using their authority to get the data removed.

 

If however the first default notice served was by the DCA and not welcome, the date stands and isn't inaccurate.

 

UNLESS... action was taken outside of the credit agreement to enforce the debt or take hired goods that the debt was secured against, PRIOR to the DN on his cerdit report, in which case the DN is invalid anyway as the Creditor will have ended the agreement before the date his credit file suggests...

 

I hope this all makes sense, good luck!!

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Thanks! That was really informative. I guess a SAR is in order definitely if I want to get this removed. I read around though, and I read on one of the threads that a lot of times, default notices weren't in the SAR's and that they weren't required to supply them?

 

I know for a fact that my husband's ex was visited re: the car in autumn 2003, so I'm hoping there's a record of that somewhere.

 

So, what do I do if the SAR is decidedly lacking in information? Am I stuck?

 

Thanks

Wifey

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Hi, I'm sorry to resurrect this after a month, but I had another question. The SAR's have been sent off to both Hillesden and Welcome so now it's just the waiting game.

 

I have read in a couple different places that the Original Creditor CANNOT sell the debt/instruct 3rd party collection activity or take court action without first issuing a Default Notice. Could someone confirm or clarify this for me?

 

And to fine tune it just a bit, I'm fairly certain that a car cannot just be reposessed after 1/3 has been paid on it, they have to be granted a court order first. Would this fall in the realm of 'court action' and would a default notice have to be issued before the car could be repo'd?

 

Thanks in advance :)

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Ok, I really really need some advice now! I've received responses from both Hillesden and Welcome Finance in regards to the Subject Access Request.

 

Welcome sent just a statement showing when the debt was 'settled' with them. I assume this means when it was sold on, which was April 2005. It doesn't list who it was sold to, and they said that was all they had in regards to the account.

 

Hillesden appears to have acquired the account in October 2006?? That is where they're information starts, showing what addresses they tried to collect at, who they spoke to on the phone, etc. There is no default notice from either place and there seems to be a year and a half gap from when Welcome 'settled' the debt and when collection activity started from Hillesden. There is hardly any information otherwise, just his loan agreement and whatnot.

 

The default on hubby's credit record was registered April 2005, when he, in fact, defaulted 2 years prior to that date. I don't understand why there's such a huge time gap in everything, from when he actually defaulted to when the default was registered to when collection activity commenced? And these pitifully inadequate SARs have shed no light on the subject whatsoever.

 

I would like to know else can be done? We would really like to have this default removed as it's blatantly inaccurate with the dates.

 

One more thing: I don't have the statement from Welcome directly in front of me as it's been left in the car, but I seem to remember that the date the account was 'settled' was a couple of days prior to when the default was registered on hubby's credit report. Isn't it supposed to be the other way around?

 

 

 

Thanks so much!

 

Wifey

 

P.s. Hillesden sent a screen shot of some woman's account who lives in Glasgow for some strange reason :confused:

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P.s. Hillesden sent a screen shot of some woman's account who lives in Glasgow for some strange reason

 

send that to the info commisioner, another nail in welcomes long overdue coffin


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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The only thing I can think of regards the default is that the time lapse is probably when your account was doing the roiunds, but yes it should have been default by the OC befiore they sold it on, so write to the CRA's and outline what you have said before and that you want the default removed


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thanks so much for replying! :) I don't get on the computer at the weekends or I would've responded sooner.

 

I retrieved the statement sent by Welcome and unfortunately it shows that the date the account was written off was the exact same date of the default that's showing on hubby's credit report.

 

Because he received so little in the way of a SAR from both Welcome and Hillesden, I don't exactly know where to proceed with this. I don't even know WHO registered the default first--whether it was Welcome and then Hillesden re-registered it or Hillesden was the first to register the default or WHAT. And I don't have any idea as to how to find out! There's no deed of assignment, no default notice, not even a computer printout showing when default notice was sent. Would sending SARs to the CRAs show any of this, i.e. who registered the default originally?

 

Thanks again for the help.

 

Wifey

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OK re-read your posts and it would seem that welcome lodged the default when they sold/passed it to hillesden

 

write to the cra's and state that this defualt is incorrect and that the debt was statued barred from april 09 and that it is not possible for a default to be lodged that runs for another 2 years on a stat barred debt and you want it removed


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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