HFO: Statue barred but still defaulted

[siscor]

I have a 6 year old alleged debt which HFO Services/Capital didn't provide any documents even several letters asking for it.

Now Roxburghe (who took over) confirmed on the telephone that the account is closed and they won't try to collect any money.

- I asked them (PHONE) to remove the default and send a letter saying that the account is closed (not complied, 7 days has passed).

- I sent a letter informing statute barred, I'm not paying (Sep 12th) and also asking for the notice of default (Sep21st) not complied, 28 days has passed.

- I asked Experian and Equifax (EMAIL) that I dispute this default, not having any CCA with HFOS and that this alleged debt is statute barred.

I made clear in all communication that the last payment was over 6 years ago and that's the date they should count.

 

Is any procedure/action I can do to speed up the process of removing the default?

 

I'm enclosing the letters I have sent....

 

Any help would be much appreciated!

[dx100uk]

default date and sb are not always the same

 

dx

[siscor]

default date and sb are not always the same

 

dx

 

I know.

 

Default in March 2007 but last acknowledgment/payment was in August 2006.... so September 2012 is SB.

[cerberusalert]

Sometimes defaults are recorded many months after the a/c became delinquent. They should remove the marker this month, if they fail to do so raise a complaint with the ICO https://www.ico.gov.uk/Global/contact_us.aspx

[DonkeyB]

You could reasonably be defaulted any time up to about six months after the first missed payment. Your timescale is about right – you first MISSED a payment in September 2006 and you were defaulted six months after that. Just about within acceptable timescales.

[siscor]

You could reasonably be defaulted any time up to about six months after the first missed payment. Your timescale is about right – you first MISSED a payment in September 2006 and you were defaulted six months after that. Just about within acceptable timescales.

 

I know..... but I'm asking my following actions as the DCA DIDN'T send a notice of default and if the correct procedure was not followed this default should strike out.

 

I have had this default for 4-5 years preventing to buy a house or getting a car's loan. I believe I had enough, I'm fighting to have my credit file in order. The DCA didn't do anything that I reasonably asked, just paperwork.

[broken arrow]

Who was the original creditor and have you confirmed correct default date with them.

 

Was there any reason why you did not receive DN such as moved house etc.

[siscor]

Original creditor: Barclays,

apparently they defaulted me in November 2006 but in my credit file is March 2007...

I'm chasing HFO (who bought it), CRA & Turnbull Rutherford.

They had my correct address.

 

HFO were quite dodgy:

in Aug 2008 the defaults appeared in my credit file and the default notification was sent on 29th March 2009.

 

I know this because when I complained to Financial Ombudsman for harrasment, Turnbull sent a copy to the adjudicator. I believe they "created" this notice but it was never sent.

 

Today I filed a complain with ICO and OFT, don't know if Financial Ombudsman is going to be of any help.

Edited October 23, 2012 by siscor

[DonkeyB]

Why should the DCA send a notice of default?

 

The issue of a default notice is not the same thing as the recording of a default. They are completely different issues – the first is a statutory requirement before an account can be terminated and/or litigation commenced. The second is an arrangement with the credit reference agencies that reflects the conduct of your account.

 

If you are saying that Barclays first recorded a default with the CRAs in November 2006, then it should not be recorded as March 2007.

 

If you mean that a default notice was issued in November 2006, then this is nothing to do with when a default was recorded with the CRAs.

 

I’m struggling to understand what you think is wrong here.

 

HFO could only have inherited the default that Barclays originally recorded. I’m not aware of them ever attempting to change default dates with the CRAs – it would be a difficult thing to do.

[siscor]

Before recording the default to the CRA they have to give you 28 days for you to try to solve it. That's why a default notice.

The default notice was never received because I think it was created later.

In this default notice, the adjudicator said it's dated on 29th March 2009 with a default start date of 13th November 2006 but HFO recorded in CRA as started in 13th March 2007.

This default started appearing in my credit record from August 2008.

 

SUMMARY:

2008 Aug: In my credit file a default appears from HFO, default start date March 2007.

2008 Aug: sent request for CCA + statements + deed of assignment. NONE received this 4 years.

2008 Dec: complain to Financial Ombudsman for harrasment + not complying with CCA Request.

2009 May: Adjudicator (FOS) said there is a Default Notice dated 29th March 2009, where date of default is 13 November 2006, date of assignment is 26 November 2007

 

So they have placed a default before sending the Default Notice and I was in disadvantage for being unable to dispute/solve this alleged debt.

[siscor]

Sorry for not explaining myself, is quite chaotic for the dates

[DonkeyB]

Before recording the default to the CRA they have to give you 28 days for you to try to solve it. That's why a default notice.

WRONG. The two are different! Do some research.

 

The default notice was never received because I think it was created later.

 

Probably not. Barclaycard usually used Mercers for their DNs – often found wanting though, but as I said earlier, Barclaycard tend not to ‘recreate’ documents in the manner you state.

 

In this default notice, the adjudicator said it's dated on 29th March 2009 with a default start date of 13th November 2006 but HFO recorded in CRA as started in 13th March 2007.

This would be the date HFO inherited from Barclaycard. They CANNOT change it unilaterally. Have you called Barclaycard to ask when they defaulted you with the CRAs, and when they send a Default Notice (different things)? Is this DN from HFO or Barclaycard?

 

This default started appearing in my credit record from August 2008.

 

Irrelevant, sadly – they were entitled to ‘revive’ it as it had not expired. But it MUST be removed in March 2013.

 

SUMMARY:

2008 Aug: In my credit file a default appears from HFO, default start date March 2007.

2008 Aug: sent request for CCA + statements + deed of assignment. NONE received this 4 years.

2008 Dec: complain to Financial Ombudsman for harrasment + not complying with CCA Request.

2009 May: Adjudicator (FOS) said there is a Default Notice dated 29th March 2009, where date of default is 13 November 2006, date of assignment is 26 November 2007

 

So they have placed a default before sending the Default Notice and I was in disadvantage for being unable to dispute/solve this alleged debt.

 

Not quite. HFO often issued their OWN default notices, even though the account had already had a default issued by the original lender (Barclaycard). Why they did this is anyone’s guess, but their own DNs were totally non-compliant (and, frankly, totally unnecessary). Their issue only confused people, but also lost them a few court cases as they tried to rely on them.

 

You mention the adjudicator (FOS). What was your interaction with them? Did they issue any outcomes or actions for HFO to take?

 

Things still aren’t very clear. It may help if you scan and post some of the docs.

[siscor]

With FOS I challenged the default and harrasment on the phone, the outcome was default is in court that they can decide and for harrasment I received £50 compensation

[DonkeyB]

It’s still not clear what’s going on here. Those documents were posted earlier – they are your letters. We need to see correspondence from HFO and adjudication from FOS, plus the nature of your complaint.

[broken arrow]

Did you get in writing the default date Barclaycard stated.Strange how HFO never started legal action and just let it become stat barred.6 months is not long for this to drop off your credit file, my HFO default dropped off last month and my equifax credit score is now near perfect.

[DonkeyB]

HFO may well be doing their usual trick of claiming the SB date is six years after the default date. They’ve even tried that rubbish in court. Idiots.

 

Maybe you should email a certain [email protected] to voice your complaint at their lack of compliance.

[siscor]

Did you get in writing the default date Barclaycard stated.Strange how HFO never started legal action and just let it become stat barred.6 months is not long for this to drop off your credit file, my HFO default dropped off last month and my equifax credit score is now near perfect.

 

Nothing in writing!!!. Barclays apparently didn't issue a default, it was HFO annd the default notice was sent to FOS, not to me.

HFO couldn't start any court action because I was in dispute, they never sent any paperwork under Credit Act 1974

[siscor]

HFO may well be doing their usual trick of claiming the SB date is six years after the default date. They’ve even tried that rubbish in court. Idiots.

 

Maybe you should email a certain aturnbull @ hfoservices.com to voice your complaint at their lack of compliance.

 

They couldn't as I stablished in one of the letters not to confuse the last acknowledgment with the default date. Letter: Sep 12-statue barred.doc

I will write to Turnbull, thanks for the email, nobody knows what to do, they only try to kick it forward to another department. I really don't understand... if we established that is statute barred and I'm not going to give them any money.... just write it off and comply...

[siscor]

It’s still not clear what’s going on here. Those documents were posted earlier – they are your letters. We need to see correspondence from HFO and adjudication from FOS, plus the nature of your complaint.

 

No comunication from HFO.... I have sent several letters following Credit Consumer Act 1994 which HFO completely ignored.

 

The outcome from the FOS is attached to this post....

[Let Them Knock]

No comunication from HFO.... I have sent several letters following Credit Consumer Act 1994 which HFO completely ignored.

 

The outcome from the FOS is attached to this post....

 

You can be identified from this attachment -I suggest you edit your name out of it immediately.

[siscor]

Anybody think I can do something to speed the removal of this default???

 

When I was refering to default notice is a warning letter that DCA send so you can try to fix the alleged debt in 7-28 days...

[DonkeyB]

Please call Barclaycard and ask them when they recorded the default with the CRAs. They will have this info.

 

Then come back and tell us what they said. If they say March 2007, then no, you can’t change it, as I explained earlier. Only if the default was recorded more than six months after you first missed a payment might you have any cause for complaint.

 

Remember, ask for the date the default was recorded with the CRAs. This is nothing to do with when or whether they issued a default notice.

[ims21]

Attachment in post #19 unapproved.

 

Please remove all personal identifiers.

[siscor]

Have you had any experience to remove it due not to issue a default warning letter???

Edited November 2, 2012 by ims21
link removed

[broken arrow]

If you think the correct default is Nov 2006, phone Barclaycard and get them to confirm this in writing.