DLC - Hillesden Legal Action - They wont remove default from my account (court action in-flight) advice please

[bstoke1978]

Hi,I had an account with Black Horse back in 2009, I DPA'd them last year and they had sent me 2 default notices one in 2003 and one in 2004. The debt was sold to DLC/Hillesden in the middle of 2010 and they are still processing the default on my account and they have stated they will do for the next 6 years.I have asked them to provide me with a copy of the default notice that they have sent me but what they have produced is a copy of the default notice from 2004. This expired in Jan 2010, what DLC are saying is that the 18th Jan 2010 I was in defualt with Black Horse so are continuing with processing my data (even though the defualt expired 2 days later).I have taken court action now to ask them to remove the defaut of which they have decided to defend (of which I am confused about to be honest as this seems indefensible)So my question is if Black Horse have issued me 2 defaults on the same account can they do this as I thought you could only default an account once.If so which default notice stands does the 2nd one superceed the 1st defaultAnd can the DCA extend a default that has lapsed and even though they bought the debt 6 months after the default has lapsed?Any help would be much appriciated, as I am about to have my day in court with these jokers! Cheers

[rebel11]

Hi bs

 

Hopefully the guys can advise shortly.

[ashmk]

I had 2 defaults on a Barclaycard debt once. I contacted the CRA and told them and they removed the second one. It took a few weeks but they got it done in the end.

[ashmk]

And as far as I know the first default should be put on at some point in the near future from when you started to miss payments.

 

That then is the only default that should ever be added in regard to that debt.

 

Contact the CRA (credit reference agency) and tell them. They will get the information corrected.

[alternative-answer]

I would be interested to hear how you get D L & Collections have done the same to me and I would like to know how to challenge them?

[Bazooka Boo]

Well if they have done this then they are in breach of the DPA, and you MUST make a formal complaint to the credit agency (CRA) in question, if they fail to remove this from your file (CRF) then you will have grounds to sue them for defamation, as well as the fools who have put this incorrect data on your CRF.

 

If the CRA does not remove the incorrect data immediately then make a formal complaint to the ICO.

 

This is the ICO's take on adding default markers to your CRF.

http://www.ico.gov.uk/~/media/documents/library/Data_Protection/Detailed_specialist_guides/DEFAULT_TGN_VERSION_V3%20%20DOC.ashx

 

Here is how to make your complaint to them http://www.ico.gov.uk/complaints/data_protection.aspx

 

And here is what you will need to know to take these fools to court http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

 

You should also make formal complaints to the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

Your local MP http://www.writetothem.com/

 

Ignore the above, I have just re-read your thread again and see that you have already taken legal action.

[bstoke1978]

Hi,

 

I have an ongoing issue with Hillesden to remove a default on my account, I have instructed court action to remove.

 

The issue is that Hillesden is stating that a default notice never expires, Black Horse issued these defaults in 2003 and 2004 but they never attached them to my credit file. Hillesden purchased the debt in 2010 and used the 2003 default to default my account from 2010 for 6 years!

 

So if someone could help as all that seems to govern the defaults is the ICO and these are guidelines.

The ICO recommended that I should state "fairness" in the court case due to the defaults would of expired if the guidelines were followed.

 

So im a bit stuck and after advice!

 

I have copies of the agreement in photobucket but wont let me put a link in or upload the documents

either

 

Cheers

[bstoke1978]

Still stuck on this one...............any help would be apprciated

 

Hillesden are qouting that a default notice never expires I have spoke to ICO and they only have "guidelines" i.e defualt should be register within 6 months.

 

The issue is that I was paying until Black Horse defaulted by not supplying me with a copy of my CCA and I have also a complaint with the FSA but this was out of their

juristiction so was forwarded to the FLA. Black Horse sold this debt while in query and after doing a DPA the notes state the debt should of never been sold as it was being

investigated.

 

So im a bit stuck......court in a month!

 

 

Thanks

[dx100uk]

an a/c cannot be defaulted twice

end off!

 

dx

[bstoke1978]

Cheers!

 

Do you know where I can find out where it states this as I have been searching for ages and want something I can show the judge as Hillesden are very

much prove it!

 

they have also issued a counterclaim for the full amount of the debt!

 

Cheers

[postggj]

Hillisden are talking out of there a&^e

 

do you have the original default notice from black horse

[cerberusalert]

Two threads merged.

[bstoke1978]

Hi,

 

I have all of the paperwork but cant upload as I have not posted 20 posts yet...!

 

If anyone can help around where I can find the info to back all of this up, as I know what everyone is saying is true but need to present it to the judge

This was Hillesdens' solictors that were spouting this! "tell me where it says that default notice has an expiry date" and "we could issue a default notice

everyday if we wanted" were his exact words in the usual attitude.

 

Also they have not updated my credit file monthly last time it was updated was 2010 every month has a D against the payment history!

And unfortunetly the ICO seem to want to sit on the fence and not offer up any real information on processing defualts etc!

[alfwithhair]

The ‘sale’ or assignment of debts on defaulted accounts

 

52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

 

53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed.

 

The purchase should not affect how long the record is kept. It should be removed six years after the default.

[postggj]

When did you put the claim in

 

have you done a witness statement

 

have you claimed damages on the default notice

 

has a trial been set or allocation questionaire returned

[cerberusalert]

If you put them in a zip file or as a pdf you can upload them by going 'Go Advanced' > 'manage Attachments', but make sure you remove all identifiers.

[bstoke1978]

Hi Postggj

 

Compensation claim on the N1, court is in a month, counterclaim from Hillesden for the full amount.

 

I have offered a without prejudice out of court settlement to settle the debt and remove the default, they accepted the offer but

still wont remove the defualt so I removed the offer this was pre proceedings.

[dx100uk]

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[postggj]

what monetary value are you asking in the way of compensation for the flawed default on your credit file

 

HAVE YOU RETURNED THE COURT BUNDLE YET BACK TO THE COURT

[bstoke1978]

I dont have adobe PDF creator ill scan and email it to myself at work tomorrow and dont have a ZIP creator either which is unfortunate!

[bstoke1978]

I had the N1 and the counter claim, I issued a defence to the counter claim but no court bundle I asked for £1k as compensation.

[postggj]

Are you using kp (RUSSIAN is bad) v woolich as the bench mark for the compensation

[alibobsy]

alf is that from the consumer credit act or ico guidence? just wondering

 

Ali x

[bstoke1978]

Hi,

 

Thanks for the assistance everyone, I managed to find a free uploader and have blanked out the data but left the amounts in along with dates. The agreement was taken out on the 09/04/02.

 

I refernced Kaphoor vs Woolwich as the loss of credit.

 

Cheers

blackhorse2003defaultpg2.pdf

blackhorseagmt.pdf

blackhorse2003defaultpg1.pdf

[postggj]

dlc/hillesden are well and truly stuffed

 

you have a valid default notice from2003

 

thats when it starts and finishes july 2009

 

dlc have no legal reason to continue the default

 

stick to your guns on this

 

the default ended prior to the sale to hillesden

 

 

when was the last payment made to black horse