gavandcarly & HFC issues, now find i have a CCJ i knew nothing about

[gavandcarly]

Hi everyone,

 

I would be so grateful if you could help.

 

I have a debt with HFC and they have put a default on my credit file due to a bank error in transferring over my direct debit from one bank to another.

 

I never received a default notice.

 

I therefore went down the route in contacting HFC and stated that they should remove the default due to me never received a default notice letter.

 

The have in return emailed me a copy of the default notice letter.

 

My question is, how do I know if this is the true original default notice?

 

Surely HFC have a default notice template?

 

They could of just used the template and entered my details and put the date as when they are originally stating the default was issued?

 

Can someone please tell me how I can tell if this is a true copy of the original default notice and how I should proceed,

 

I will be so so grateful if you could help me.

 

Thanks

[Gaston Grimsdyke]

A default on your credit file is totally different to a default notice. It just means you have failed to make the required payments and it is not dependent on a default notice having been issued.

[AndyOrch]

Hi Gav

 

Was this the one single missed payment, I assume they never issued a Notice to Default? If a DN had been issued you would have had 14 days to rectify the payment anyway? Was it your bank (independent to HFC) making payment to HFC?

 

Regards

 

Andy

[dx100uk]

i bet its just a late payment marker....

 

on a side note

they'll charge £12

and i'd SAR HFC too

i bet there are loads of unknown charges & PPI

 

get reclaiming if so.

 

 

dx

[gavandcarly]

Basically I bought a laptop for pc world, and to pay it off the loan was through HFC.

 

I changed bank accounts and the direct debit for HFC for some reason did not get transferred to my new bank account, therefore I missed a few payments.

 

I did not know that the payments were not being made.

 

I have recently been in contact with HFC and they have told me that there is a default on my credit fil because of this.

 

This is when I asked them to send me a copy of the default notice giving me 28 days to resolve the balance, as had never received this.

 

They have emailed me a copy, but my question is surely they could of just typed one up and put in an old date?

 

How can I make sure that this is a true copy of the original that they supposedly sent out to me?

 

Thanks guys

[citizenB]

Ok, If I understand correctly, you purchased a laptop and the finance was arranged via HFC. You asked one bank to transfer a direct debit to another bank and somehow something went wrong and payments werent being made.. yes ?

 

On missing the first payment, I would have thought HFC should have written to you.. a reminder. On the 2nd missed payment, I would have thought a sterner letter. On the 3rd you should most certainly have received a Default Notice, this would have given you 14 days to remedy the situation, after which if you hadnt .. then and only then .. would they have recorded a "default marker" on your credit file.

 

I think you need to send a Subject Access Request to HFC. This will cost you £10.00 but you need to see all the information they have on you in respect of your financial dealings with them. Specifically you require a copy of their communication log, where it should be noted that they sent you any letters advising that no payment had been received and also that a Default Notice had been issued.

 

They have 40 days in which to comply with the SAR.

 

I think you also need to write to both your old and current bank and find out how/why this direct debit didnt get transferred over with any others. I rather suspect that it was for you to check that all DDs were transferred and being paid as they should.

[gavandcarly]

Hi CitizenB,

 

I deifnately didnt recieve any letter from HFC or a default notice, however thet are saying that they did send them to me.

 

On my lloyds tsb internet banking it was showing that all my direct debits had been transferred across therefore I just assumed that everything had been done and was all ok.

 

My only worry is, that I believe that HFC never did send me the default notice letter or any letter prior to that.

 

HFC have sent me what is supposedly a copy of the default notice, however I believe that they have simply just typed that up yesterday and put in an old date, because they can not find the original notice as they never sent one.

 

How can I tell if it is the original or not?

[citizenB]

Gav, the ONLY way you will find out IF they did actually send one is to do as I suggested and send a Subject Access Request. They should record all daily activity on the account on a communication log and it should show up on there.

 

As advised in the earlier post, I would also write to your current banker and find out why.. if the DD was showing as transferred, it wasnt paid ?

[AndyOrch]

If you missed a " few " two I assume, I fail to see whether the DN is true or not matters, you defaulted.Work the dates out on the DN, do they coincide with 2 months from when payment was last made? Its not the DN thats your problem here its the fact that HFC did not advise missed payment or supply " Notice to Default " or any Arrears Notice to warn you what would happen should you miss another.I would simply make the payments up and then write to the CRA,s as satisfied and insist that HFC confirm this.

 

Regards

 

Andy

[gavandcarly]

How do I do the subject access request? I have never had to do anything like that before, so not sure where to start really.

 

After looking at my statement with them I believe that I owe roughly £437, however they are stating that I owe £705 because of late payments, default notice charge, and they passed my account on the a debt collection agency in which they say I must pay those fees as well.

 

They have given me a offer of £400 however they state that it will show on my credit file as partial settlement and the default will remain in place.

 

I emailed them back stating I am not happy with it showing on my credit file as partial settlement, and I want the default removing.

 

But they wont do it......

[dx100uk]

partial settlement is as bad as a CCJ in many creditors eyes

 

you need to get the SAR sorted

 

i bet hfc have levied other charges and PPI

 

i doubt it was a default but merely a late payment marker or two

they dont have to send any letters as such.

 

but remember anyhow, even if they did send a DN, they only have to show logs that it was sent

not that it actually arrived, as its an automated process.

 

 

all these 'extra' charges are UNLAWFUL and a penalty

they can be reclaimed

 

if this outs the a/c back in the black, it wont matter if you missed a payment, as s uch.

 

if it was THEIR charges that got you the markers

if you reclaim they MUST remove the markers.

 

dx

[dx100uk]

if you hold on the unlined sar it twlls you what to do

 

you print off the letter

change it a bit

never sign it

 

then get a £10 PO

and post that off to the data compliance manager at hfc.

 

the AD is in the stickies of the HFC forum

where i think this thread should be really too.

 

dx

[gavandcarly]

perfect, thank you.

 

Is there anyway to do it via email as I live in Dubai now?

 

Also is there any other way of paying the £10 as I cant buy postal orders out here?

[gavandcarly]

Hi Guys,

 

Ok so my husband has a very very poor credit ratingl, he has lots of default late payments etc from before we met.

 

I am trying to sort out everything and get all his payments up to date.

 

He has a loan with HFC in which he has missed payments resulting to a default.

 

I have contacted them and they said that the outstanding balance is £705, however will will offer £400 to settle the balance however it will show as partial settlement on his credit rating.

 

I contacted them back stating that i am only happy to pay the amount if it can show on his credit rating at full and final.

 

They have stated the only way that they will have it show as full and final is if we pay £558.

 

I am unsure as what to do, should i just accept the £400 offer as his credit it rating is so bad anyway so even if he has another partial settlement it wont matter too much.

 

Or should I accept the £558 offer for it to show as full and final? Will it make any difference on his credit rating if i accept this offer?

 

Please help guys, i need to reply to them today.

 

Thanks.

[kurvaface]

Is it possible they are offering the discount and bartering because the account is unenforcable?

 

Do you have a valid cca? Are there any unlawful charges on the account?

[kurvaface]

Any business that says "we need a decision today" does so because they will be trying to meet some internal target to earn a commission. What on earth would be wrong with making a decision tomorrow morning, or next week or even next month for that matter? After all you're discussing important issues. "Make a decision now"...my ar*e! This is the true mark of a cowboy!

[kurvaface]

Are you speaking to them on the phone? Don't. What they tell you on the phone are lies. Only speak to them on the phone if you are recording the call!

[gavandcarly]

Yep I have a valid CCA, there are no unlawful charges on the account.

 

They haven't said I must respond today, its just that this issue has been going on for so long I want to get it resolved today.

 

My husbands credit rating is really really bad as it is so I dont know whether to just accept the partial settlement offer for £400 or accept the full and final offer for £558?

 

What I basically need to know is if I pay the £558 for the full and final, will it actual help improve his credit rating, or because it is already so bad with defaults and late payments I may as well just settle the account by paying the £400 for a partial settlement?

 

Please help.

[gavandcarly]

I am speaking to them over email, I emailed the CEO and she passed the email on the the head of collections, therefore I have been emailing back and forth with the head of collections as I have moved to Dubai.

[kurvaface]

Before you agree to a settlement you must be clear about 1 fact - DCA's a re thoroughly disreputable and dishonest.

 

Ensure you ask for all credit reporting data to be cleared and any data, other than any that must statutorily be held, is destroyed.

 

Ensure that the remainder of the debt will not be sold / passed on for further collection.

 

Offer a lower settlement as it is as much in their interest to get money off you now than to chase you for it.

 

Ensure that any wording / language used in their settlement offer does not allow for any wriggle room.

[gavandcarly]

They aren't a debt collection agency, they are a bank called HFC which is part of HSBC.

 

I have been emailing back and forth to try and get them to lower the settlement but they wont budge and have simply said that this is their final offer and if I am unhappy with it then they have provided me with the details of the financial ombudsmen.

 

They want me to pay the £558 in one payment but there is no way that I can do that so I am going to make them let me pay it in 4 payments.

 

Shall I go for the partial settlement of £400 or the full and final settlement of £558?

[kurvaface]

I wouldn't call them a bank! That's being generous....loan sharks really in the business of collection...

 

The HFC (or Household) bank is a funny sort of animal- it has a few branches, but it doesn't have current accounts. HFC bank specialises specifically in lending, and does so through other companies you're more likely to have heard of. So if you have a GM Card, Freeserve card or a Marbles Card, HFC are the people behind it. If you have a credit agreement for a fridge-freezer or computer from Courts, Curry's PC World or Halfords, HFC are the people behind it. They also own Hamilton Direct Bank, which is one of those direct loan companies you can call up to get up to £25,000 cash.

All of this is very clever (for them). I know you won't feel sorry about this, but high street banks don't make much money out of us for our day-to-day banking. After all, when you stay in credit, you usually don't pay anything in charges. So HFC is a clever company- they just don't do day-to-day banking, and are only interested in lending transactions- the sort that will make them real cash. The bigger players soon noticed, and in March 2003 HFC was taken over and is now part of the burgeoning HSBC financial empire.

 

You could perhaps inform them that you'll take them up on their offer to go to the FOS and in the mean time you'll pay in chunks.

[kurvaface]

The answer to your original question is that any problems will stay on the credit file for six years so even a full and final settlement won't hide the fact that the acount was out of order for a period of time. And I think them charging £158 for the pleasure is quite an extravagence!

[gavandcarly]

which offer shall I take them up on? The £400 partial settlement offer, or the £558 full and final offer?

 

I basically need to know if it is work paying the £558 for a full and final settlement? Will it improve my husbands credit rating even though he already has a very very poor credit rating? Or shall I just settle for the partial settlement of £400?

[gavandcarly]

So I may as well just accept the partial settlement offer for £400 as he has defaults on his account for at least another 5 years.....

 

And then try and build up his credit rating after 5 years?