Letter from Hillesden / DLC RE: Old HSBC Debt....

[gembex]

This is how it reads...

 

Dear Miss H

 

Further to your previous correspondance regarding the above account we can confirm and advise the following:

 

1. The original lender has been unable to provide a copy of the documentation you have requested under the consumer credit act 1974

 

2. We will not continue with any proceedings on the above account at this stage, however should any documentation become available we will notify you accordingly.

 

3. Although we are unable to enforce the agreement at this time, the default will reman on your credit file until the debt has been satisfied.

 

Yours Sincerely

 

Data Controller

 

Firstly I am aware this debt hasn't gone away, but up until now have they legally been justified in taking £10 - £120 per month from me in payment without the original documation? Is there a claim that can be made there or is that wishful thinking?

 

Secondly I know this debt will always exist but doesn't a default drop off a credit file after 6 years?

 

Thirdly I'm not 'forgetting' about this debt, we're just very hard up right now but this really helps.

 

Any advice from the pro's?

 

Thanksin advance,

 

Gem

[ashmk]

1. Not much chance of a refund im afraid.

2. Yes it will drop off never to return 6 years after last payment or acknowlagement made (phone calls don't count)

3. If it was past 6 years I would forget about it and so would most other caggers. Theres nothing wrong with that!

[firstship]

Gembex..............Hi.............Hold on to the letter and make a copy as well.......important letter from your point of view.........as ashmk states no chance of getting any monies already paid back from HSBC and it will drop of your credit file after 6 years............was it a loan/credit card if so was PPI involved????? from the tone of the letter I assume it is one or the other.when did you last make a payment or acknowledge the debt????????????.................good luck..........FS

[gembex]

It was a loan

 

I just made a £10 payment last month

 

They keep refreshing the default!!!

[DonkeyB]

Well, they can update the default, but not change the original date on it. It will disappear six years after that original date. If they are changing the original default date, that is wrong and you potentially would have a claim against them.

[Bazooka Boo]

I am of the opinion that as they cannot prove there was ever any relationship between you and them, that they are in breach of the DPA themselves by continuing to process your data, so I would send them a S10 notice telling them to stop, and to also reign in these credit ref agencies also for allowing them to continue to process your data.

[Master Chief]

Well, they can update the default, but not change the original date on it. It will disappear six years after that original date. If they are changing the original default date, that is wrong and you potentially would have a claim against them.

 

[gembex]

What do I do if they change the original date? Nov 2005

 

I was under the impression I could get this removed (last bad thing on file)

 

What's a DPA / S10

 

I feel they have been handed money they are not entitled to as they bought the debt from MCS.

 

 

What do I do when they realise on 27th that ive stopped the S/O!

 

Ta xxx

[Bazooka Boo]

DPA is the Data Protection Act, s10 is a notice telling them that under that part of the act they must stop processing your information.

http://www.consumeractiongroup.co.uk/forum/showthread.php?254802-No-CCA-Processing-your-data-Get-them-a-huge-fine

 

http://www.consumeractiongroup.co.uk/forum/content.php?411-Legal-notice-issued-under-Section-10-of-the-Data-Protection-Act-1980