Default Removal – Ford V HFC

[pford]

Sent this letter to them on the 7 August

 

Dear Sir or Madam

Account number - ***************

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against a joint account in my and my wife's name.

Further to this neither I nor my wife have a recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 Cheque in payment of the statutory fee, Cheque Number 000660.

 

2. You must supply me with a signed true and certified copy of the original default notice

 

3. Any deed of assignment if the debt was sold on

 

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

 

 

 

Got this reply from them today what a load of S**** default registered on both mine and the wife’s credit file was 31/10/2005

 

Re: Joint Account Number: *************

 

Thank you for your recent communication regarding the above account Number.

 

Firstly I apologise for the delayed response. This is a result of having to retrieve your details from our archives department.

 

Please find enclosed a copy of your legal agreement and an ‘example’ copy of the Notice to Default Letter, as of the 15 May 2003. May I take this time to advice that as the Notice to Default Letter is an automated process, I am unable to provide a certified copy of the original, as you have requested.

 

I can also confirm that HFC Bank Ltd did not transfer the ownership of the above account to any debt agencies.

 

I have requested our correspondence department to send a copy statement for your account, as you have requested, this normally takes 7-10 working days. As there is no charge for your copy statements for this account, I have returned your £1.00 cheque.

 

Should you have any further queries, please contact our customer service department on 0870 010 0453, who will be pleased to help.

 

and this is a copy their automated default notice

 

 

Dear Mr

 

Account Number:

 

This letter is to advise you of our intention to file a notice that you have defaulted on your contractual obligations to make repayments under your credit agreement with us (a notice of default) with one or more Credit Reference Agencies in 60 days from the date of this letter. The filing of such a notice of default can be avoided by the payment of at least 50% of your contractual payment of £0.10 within 1 month from the date of this letter and regularly every month thereafter. Failure to make such payment, or any subsequent payments, will result in notice of default being filed with one or more Credit Reference Agencies.

 

Please note that if you have an existing arrangement with HFC Bank Ltd to make lower or less frequent payments than that detailed above we WILL file a notice of default as above.

 

However, if you are able to increase your payment to at least 50% of your contractual repayment and pay on a monthly basis as detailed above we will not file a notice of default.

 

If you already have an arrangement with HFC Bank Ltd to make higher payments than 50% of your contractual repayment, it is essential that you continue to make these higher payments on a monthly basis, to avoid a notice of default being filed in the future.

 

Credit Reference Agencies are organisations, licensed under the Consumer Credit Act 1974, which hold information about individuals, which is of relevance to and is used by lenders in making credit decisions. Having a notice of default registered at the Credit Reference Agencies may affect your ability to obtain credit in the future.

 

 

Gave them a ring about getting it removed got put through to 3 different departments last one kept going on about we are allowed to under the FSA to keep it on your files.

 

Any ideas on what the next step should be.

[pford]

thanks to SB for the template altered it slightly to read from both me and the wife sent one copy of the Formal notice to desist from processing or disclosing personal subject data and one copy of the Statutory Notice pursuant to Sections 10 and 12 one from me and one from the wife.

 

sent recorded delivery yesterday

[andrew1]

Can you tell us which Template of surlybonds you used, it helps to follow your story. Cheers

 

Edit: Sorry, think I found it http://www.consumeractiongroup.co.uk/forum/legalities/24962-about-experian-about-information.html

[pford]

it was this one here just winding the cca up a bit in that thread just to see if they would admit they are making it up as they go along

[un1boy]

I sent my one 2 weeks ago and HSBC have cashed the cheque, but not written to me. I only gave them 2 weeks to comply and I am under the impression that if they dont supply within 2 weeks you dont make anymore payments - any ideas how you go about not making the payments? Just call the DCA or have to go to court?!

[pford]

my understanding of a CCA request is, If 12 working days have passed it is in default. Then after another 30 days the debt becomes unenforceable. As this loan is allready settled with them I am trying to find out why they placed the default on my account some 2 years later after they say they defaulted it.

 

Very good thread on it here

[pford]

Quick update had my first response to SB template letter today didn't say a lot at all.

 

 

Dear Sir & Madam

 

I write to acknowledge safe receipt of your latter dated 29th August 2006 together with enclosures. Given the issues raised in your correspondence I have referred this to the appropriate managers within HFC Bank Limited and anticipate that you will hear from them once they have been able to consider the various matters raised by you.

 

Yours Faithfully

 

 

 

 

 

C R Rivers

Company Secretary & Solicitor, HFC Bank Limited

& Senior Legal Adviser, HSBC Holdings plc

 

makes a change was even hand signed not like the bank charge letters LOL

[jo5ephedward5]

seems like they are taking it seriously for a change...hope you get some good news soon!

[aardvark the lecturer]

I think a lot of us will be watching this one with interest....

 

Keep at it pford, we're all behind you.

[pford]

Quick update no reply from HFC on SB template letter looks like it going to have to be a N1 claim

[aardvark the lecturer]

That seems to be the way they're all going at the moment...

[pford]

been on the phone with them totaody they got till end of week to reply to this wasn't even on the system?

[aardvark the lecturer]

Hi there left hand, allow me to introduce you to right hand..........

[pford]

quick update now lets C what HFC bank have to say

 

Thank you for your email, which we received on 19 September 2006.

 

In view of your comments about HFC Bank PLC (C2), I am writing to them for you. This is because I cannot amend your report without their consent. I will let you know what they say as soon as they reply.

 

While I investigate your comments, I am adding the following statement to the entry you have queried.

 

"THE ACCURACY OF THIS DATA HAS BEEN DISPUTED BY THE INDIVIDUAL CONCERNED AND WE HAVE NOW CONTACTED THE SUBSCRIBER. CARE SHOULD THEREFORE BE TAKEN WHEN USING THIS ITEM OF DATA TO ASSESS THE CREDITWORTHINESS OF THE INDIVIDUAL CONCERNED."

 

Your report will change in the next seven days.

 

Kind regards

 

 

 

Consumer Services Officer

CreditExpert

[dayglo]

is this a settled account?

[pford]

yes it is HFC gave me another loan to settle it at 0%

 

two letters i got of them late 2005 over this acount

 

WITHOUT PREJUDICE

Account Number:***********

Current Balance £

 

Thank you for your considerable effort to maitain payments to your account. At Household Bank we apprediate customers who do their best to honour their commitments.

 

Would you like to take the oportuntiy of bring your account up to date, whilst at the same time possibly reducing your existing commitments to us, by rewriting your existing account at 0%A.P.R?

 

gave them a ring they knocked £2000 of what i owed them now paying it back at £40 a month 0%A.P.R

 

 

WITHOUT PREJUDICE

 

Account Nummber:*********

 

We refer to our recent without predudice offer to help bring your account up to date, to which we have received no response.

 

Due to the seroius arrears situation on your account, we must now advise that failure to bring your account up to date within 10 Days of the above date will result in your account no longer active on our files, the following steps may be taken as a consequence:-

 

1) Legal action will be taken to obtain a County Court Judgement to recover the balance in full;

 

2) If legal action becomes necessary, Costs incurred by this will be added to your balance;

 

3) your account will be passed to debt collection agency and you be liable for their costs (these costs are higher when an agent visits your home).

 

Please contact our Collections Department in Biringham on 0870 010 8559 to discuss arrangments for payment in order to avoid the potenrial further action set out above.

[dayglo]

i assume you responded positively to the first letter?

[pford]

yep got a new loan with them now paying what i owe them of at £40 a month at 0% APR but they put a default on the old loan.

[pford]

just filling in the n1 claim form now what do you put in as Brief details of claim and does this look all right for the particulars of claim

 

 

The Claimant had a contract with the defendant since 29th July 1997 in which it was agreed that the disclosure of personal data in relation to the contract would extend only to such times as the conclusion of the contract.

 

The contract was terminated on the 20th December 2005.

 

During this period the defendant filed a default against the claimant on the 31st November 2005 without issuing a default notice as laid down in the Consumer Credit Act 1974, Sections 87(1) and 88

 

At no time did the Claimant grant permission, either expressly or implied, for the defendant to abritrarily extend that permission to store, process or disclose any personal data beyond the cessation date of the contract. It is the Claimant's contention that the defendant's perceived right to abritrarily choose to extend the length of that contract without the Claimant's knowledge or agreement would be unlawful and unenforceable under the provisions of the Unfair Terms in Consumer Contracts Regulations (1999).

 

The defendant has failed to provide the Claimant with any evidence to prove agreement to such terms in perpetuity, and it is therefore the Claimant's contention that the defendant is in breach of both the contract itself and the Data Protection Act 1998, by the defendant's continued disclosure of personal data.

 

The claimant has tried to reach an amicable solution with the defendant without involving the court with no success. Therefore, the Claimant is also claiming costs of £200 due to research, costs, time taken and effort in bringing the case to court."

[pford]

Further update on this just been in touch with union I am in. forget they help with legal issues :grin:

[aardvark the lecturer]

I have a similar deal with my company but it's limited to how much advise you can have, so I'm saving it up in case a court appearance looks likely!

 

Good Luck!

[pford]

Right had my phone call off the union solicitors what a waste of fecking time. Tried to tell me that they had a legal right to do it for the next 6 years, owe what law would that be then. Well it’s in the CCA, Hang on a min will look it up, is it? I’ve all ready read that think you will find it isn’t. Owe your right it isn’t but it’s the same as a CCJ isn’t it. No that’s law. Well i don’t know anything then.

Plus sent this to HFC in one last chance before court claim gets issued

Dear Sir

Re: Formal notice to desist from processing or disclosing personal subject data

We wrote to you on 29th August 2006 with a formal notice to desist from processing our personal data with immediate effect and stop sharing our data with any third parties including, but not restricted to, Equifax plc, Experian Ltd and Callcredit plc. The letter was received and signed for on 30th August 2006.

By statute, you had twenty-one days in which to either comply with our Notice, or give written notice stating your reasons and why you consider the Notice unjustified. To date you have not responded in any way to this Formal Notice to desist from processing or disclosing personal subject data.

Please note. Unless we receive a satisfactory response to this letter within 5 days. We will, without further notice, take the matter to court requesting enforcement action to comply with the notice in your possession.

 

To avoid such action please:

1. cease to continue storing, processing or communicating our data;

2. remove all such data from automated process systems, as per the provisions of Part II, Section 12 (1) of the Data Protection Act, namely:

(1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct.

 

Of particular note is the Acts own term "his creditworthiness";

 

3. Cease to disclose any data to any third party including, but not restricted to, Equifax plc, Experian Ltd and Callcredit plc; and

 

4. Instruct Equifax plc, Experian Ltd and Callcredit plc to remove all data pertaining to your records on us, to the extent that no data entry in relation to HFC Bank plc will exist on our credit files.

 

To clarify the reasons for our request, as detailed in our earlier letter.

1. The continued processing of our data, including sharing of information is causing us substantial distress and hardship

2. You have failed to supply us with a true copy of any default notice

3. As the account is closed and the contract between us terminated you no longer have our consent to process our data in any way, including the sharing of data with third parties including credit reference agencies

[aardvark the lecturer]

Right had my phone call off the union solicitors what a waste of fecking time. Tried to tell me that they had a legal right to do it for the next 6 years, owe what law would that be then. Well it’s in the CCA, Hang on a min will look it up, is it? I’ve all ready read that think you will find it isn’t. Owe your right it isn’t but it’s the same as a CCJ isn’t it. No that’s law. Well i don’t know anything then.

 

Now you know why it was free advice,

they could never get away with charging a fee for a service that poor.

 

Never mind mate, and good luck

[Tobes]

It's still part of a contract though - just 'cause it's free doesn't measn, as it's a formal service, that it should be anything but professional and proper...Why not complain?

[pford]

Just checked my Credit file came across this in it the B******s.

 

 

05/10/2006 Searched by:HFC BANK LIMITEDApplication type:Unrecorded Enquir