Helping out a friend

[keiko315]

Hi everyone.

 

This is a little complicated, so please bear with me.

 

I have a friend who I am currently helping sort out his credit file (using alot of information learnt on here). However we have come across some items onwhich I am unsure which is the best way to tackle them. That's where I'm hopingyou can help us out!

 

1. Black Horse are showing (in the Court Information section) as havingissued a CCJ against him at his previous address for the sum of £1,660 on21/12/2006. He had no knowledge of thiscredit agreement until a debt collector (DLC/Hillesden Securities) startedchasing him. He has not admittedliability but asked for a copy of the relevant information under CCA. They provided him with an illegible copy ofthe alleged contract with a signature that is not his. Upon receiving this, he then phoned up the localpolice and was given a reference number which was then forwarded to the debtcollectors. Nothing has been heard fromthem since. However this incorrect informationis still showing on his credit file.

 

Whilst this admittedly adversely affects his credit file, he is aware thatthis will drop off at the end of this year. I therefore wonder if it would be the best course of action to do nothingand let it expire naturally? As Iunderstand it, this would save him both time and money (application to setaside fees) thus enabling him to concentrate on the second and in my opinion,more important matter as detailed below.

 

 

2. Black Horse are also showing (in the Credit Agreements section) that hehas defaulted. The amount of this one issignificantly more, being: £20,353. Thedefault date is showing as 16/12/2009.

 

However, on a previous credit report, this same debt is shown both in theCredit Agreements and Court Information sections.

 

The Credit Agreement information on that one states that the Default Date is:28/02/2005.

 

The Court Information also shows a CCJ for £20,300 dated 23/03/2005.

 

This debt, my friend is aware of. Ina nutshell, he signed for the loan (HP) on behalf of his father for avehicle. At the time, he was earning only£400pcm from working part time at the local pub. He admits to being young and somewhat naive butsome 9 years have passed and he is now looking to get a mortgage at some pointin the near future.

 

The question I (we) have about this particular debt though, is that if ithas already been registered as a CCJ, and the debt itself has now fallen offhis credit file, how can it now havereappeared with different dates? Surelythis cannot be right and as I understand it, this would now be statute barredas the last payment was made by his father back in 2004. Moreover, if this needs to be defended, wouldhe have a case to say that he should not have been given a loan for such a highamount when he was on a relatively low income at the time the agreement was signed?

 

Thank you in advance for your assistance.

[BRIGADIER2JCS]

Hi, What is needed is Subject Access Request to the Original

Creditors to get all the data held on the accounts by Black Horse,

there is really no way forward until he has done this.

SAR template letter in the CAG Library edit to suit, a statutory fee

of £10.00 is payable, the creditor has 40 days to comply.

How recently were the CRA files checked.

[keiko315]

Thanks for your reply. Will get on and have him do that today. Can he do one for the both as they are with the same lender (and thus only one fee) or will they need to be done individually?

 

The latest Credit Reports (Equifax and Experian) are dated 30/03/2012 and 31/03.2012 respectively.

The earlier Credit Report (Equifax) is dated 09/01/2010

[BRIGADIER2JCS]

Just specify ALL accounts held.

I just wanted to know if the credit

files are uo to date.

[keiko315]

Hi Brigadier,

 

My friend has now received a pack from Black Horse in response to the SAR and it has information on both accounts held with them. To be honest, all the parperwork is a little overwhelming.

 

What should we do now? Is there anything in particular that we should be looking for within the pack to assist with the next step(s)?

 

Thanks in advance for your help.

[BRIGADIER2JCS]

Hi,

Check for last payments/activity on the accounts,

confirm default dates, check any PPI payments.

[keiko315]

Hi all,

 

After sending off a further 4 letters to Black Horse, they have finally removed the Default from my friends' Credit File.

 

As a further note, the information actually had to be removed on 4 separate occasions from Equifax because each month, the file updated and it kept adding it back on. For the first 3 times, Equifax were useless and didn't really help. But in the end, the last person that we spoke to was really good and has removed it (hopefully) once and for all.

 

Thank you to everybody who has helped and advised on this matter.

 

Definately another win for the consumer!