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

[postggj]

ill check back tomorow night and if i have time i will draft a quick witness statement for you to consider

[bstoke1978]

Brilliant!Thanks everyone!I stopped paying them in December 2009 as the account was in query (and Black Horse had defaulted by not supplying mewith a copy of my agreement no default was ever entered on my file. There was another default notice in Jan 2004 Hillesden then defaulted my account from Jan 10 but purchased the debt in June 2010...? They had said they purchased the debt in default and are entitled to to process the default for 6 years. Its like getting caught for speeding on 2003 and then putting points on yourlicense in 2010 with no notice.Really frustrated with thier attitude! is there any good reference points that I can use for the judge as its being held at a local smallclaims court and not sure how au fait they are with the legalities of the default system.Cheers!

[alfwithhair]

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

 

ali x

 

ico

[bstoke1978]

Ok,Interesting, I have checked my other default notice which was registered on the 20th Jan 2004 and Hillseden have stated that the default occured on the 18th Jan 2010 hencestill believing the default can be used (or this is what Imagine) funny how they would of defaulted it 2 days before it was due to come off! But they have forgotten the 2 leap yearsin 2004 and 2008 so therefore the Default would of dropped off the same day I had defaulted to so as such would of had to issue a new default.I have also spoken to Black Horse they have stated the debt was written off in their system in April 2010 so then and only then would of processed my data to the likes of Experian etcbut never did.So I would imagine that they would of needed to issue a new default notice from April or even Jan as the old one has expired! I can find nothing in my notes from my DPA that states a defaulton the 18th Jan, but its clearly marked from a screen shot that they debt was written off in Apri.Also I have still not had any copies of the debt assignment just a flimsy "debt sale agreement" that has no relevence to my account, I have asked many times for copies under the law and propertiesact but nothing.My view is that if 2 people defaulted on the same day and one's details were processed inline with the ICO guidelines (within 6 months) and the other was processed like mine was, this creates a significant difference and an unfair relationship between the 2 debtors over the 12 year period.Views anyone....?Thanks for everyones help so farCheers

[cerberusalert]

Was the original default ever entered on your credit file?

[bstoke1978]

No default was ever entered onto my file, I have confirmed this with Black Horse although I would like to get a backdated credit report (if there is such a thing)!

[bstoke1978]

Ok, checked my DPA dump and found internal notes from Black Horse stating that they had to issue another defualt notice in 2004 (the one above) as the one from 2003 had expired...?This was issued for 6 months and I had not rectified the issue either?Also in April 2004 I had a termination notice so surely this would of triggered the defualt as well....?The counter claim said that I defualted in 31st Jan 2010 (no default served) the paper work from Hillesden states the 18th Jan 2010 and no where does it state this on the Black Horse Records!No default ever received an the 18th would of been 6 years to the day that the default was raised in 2004 (20th Jan 2004).So i think im building a good case as more stuff keeps coming out of the woodwork!Any further help woudl be greatly appriciated!

[citizenB]

You could ask them by way of CPR18 what law/regulation they are relying on when they say they can continue reporting for a further 6 years from the time they took over the account !

[citizenB]

No default was ever entered onto my file, I have confirmed this with Black Horse although I would like to get a backdated credit report (if there is such a thing)!

 

You can actually send a Subject Access request to the Credit reference agencies. That might offer up the information you require. Sadly it takes 40 days for them to produce and will cost you £10.00.

 

Have you sent subject access requests to the original creditor and the DCA ?

[bstoke1978]

Hi CitizenB,

 

Thanks for taking the time to reply ill definitly do the CPR rule as I am still waiting for the deed of ownership of the debt to respond to their counterclaim

for the full amount of the debt. Can I do this under CPR18 also as I need this to defend myself as they have not proved that they own the debt.

 

Can CPR be done as its already been allocated to track?

 

Thanks