HFC repaid ppi removed default, but only with experian!

[SamR]

Hi folks,

 

Quick explanation, I am new here any advice would be great!

 

I had a loan with HFC as a young 20yr old and was taken for a mug massively.

 

last year HFC repaid me over £3500 in interest and compensation for ppi I did'nt know was optional.

I had a loan taken in 2006 for £5000 over 5 years.

 

I was struggling in 2007/8 and made a few payments late and did miss some payments, hence I received a Default.

 

The crux of this is,

when HFC offered me compensation I stated in the offer letter I returned I would only accept this offer if the default was removed

as they has admitted the loan and ppi was miss sold I wanted to be put back in the same position as I was before I took out this loan.

 

I even said in the letter do not repay my loan and forward me the rest of my compensation if you do not remove this from my Credit Profiles!

 

A number of weeks later I received a few thousand and my loan was repaid and to my excitement the whole HFC folder on my experian credit report had been removed restoring my credit back to over 900+ score ( it was the only negative item on my report).

 

The problem came earlier this year when I was turned down for a mortgage and even a different bank account, I went to equifax and callcredit and realized they had'nt removed the defaults from these CRA's. I created a notice of correction with both expecting they would be updated to my surprise they were not.

 

I wrote to HFC and they point blank refused to remove them on the other CRA's.

Even though they agreed they had adjusted one CRA they basically said tough!!

 

The question is what should I do now,

 

I got a mortgage through a bank that used Experian and even managed to get a Mortgage advisers job in a bank because of how clean my Experian report is,

 

I could probably get away with not having them corrected but I hate HFC for going back on our agreement and therefore want to chaise them up!!

 

Advise would be greatly received!!!

[Bandit127]

Sorry, I can't offer direct advice.

 

But I will offer my sympathy for being taken for a mug by HFC. Been there myself...

[SamR]

Thanks mate, young and stupid although i have learnt massively.....

[dx100uk]

simply send a copy of the corrected report to the other two CRA's

 

they will follow suit.

 

dx

[Durkin]

If you're in England you can claim £5k in the small claims court for general damages to creditworthiness.

 

It takes a couple of months but it's quite easy. You've a clear case and they deserve to be "punished" for their malicious actions.

 

It depends on whether you can be bothered.

 

As DX suggests though, your credit file should be repaired swiftly but it's a shame HFC are so malicious. They shouldn't be allowed to trade with such an attitude.

[SamR]

simply send a copy of the corrected report to the other two CRA's

 

they will follow suit.

 

dx

 

Thanks mate already tried this callcredit and equifax both said it has to come from HFC...

[SamR]

If you're in England you can claim £5k in the small claims court for general damages to creditworthiness.

 

It takes a couple of months but it's quite easy. You've a clear case and they deserve to be "punished" for their malicious actions.

 

It depends on whether you can be bothered.

 

As DX suggests though, your credit file should be repaired swiftly but it's a shame HFC are so malicious. They shouldn't be allowed to trade with such an attitude.

 

Thanks mate,should i find a solicitor then or do a small claims court claim myself?

I said in my last letter i would be getting advice, i hate hfc for what they are and will pursue this if i get 5k at the end its a bonus!...

Thanks guys

[Durkin]

should i find a solicitor then or do a small claims court claim myself?

 

Enquire at the court. It'll be a bonus if you can submit it directly but I've heard rumours that it's necessary to send the claim away first.

 

You shouldn't need a solicitor but an in-court advisor might be available to help with basic procedure. Again the court admin folk should be able to advise.

 

Meanwhile, I'm gunning to get a few of them jailed (but ideally banished). It's likely to be 2014 before that happens though (Govt. currently supports them)

 

Have fun. It should be quite straightforward but you'll be doing well to get paid before Xmas.

 

Try highlighting this to your MP too, just in case you've got one that cares.

 

Richard.

[SamR]

Ok great thanks, I will write to HFC today tell them i am going to take them to small claims court and give them 14 days to comply with our previous agreement,, if they don't by then I will have my papers ready and will submit my claim on the 15th day, i have looked into small claims courts they are fairly informal so will do it alone!

 

I am not bothered about compensation if i go to court ill try!

 

This company have preyed on people that are not in an ideal position and it makes me furious, I don't know how they have managed to get away with it hence i am going to take it this all the way, in the past year I have written probably two letters a month they are going to get very fed up with me!....

[SamR]

Hi guys, so this is where I am at the mo,

 

letters have gone to and from HFC but they have gone quiet after the last two letters I sent saying I intended to take them to small claims court,

 

sent both letters offering them a chance to settle this matter before it goes any further, but no reply,

 

I am about to organize the Court Claim!

 

I have finally got the SAR the question is, the settlement letter I sent to them wasnt in it,

also no information about who or when they adjusted one of my credit reports,

very strange everything else is in it, apart from the bits I wanted to see,

 

is there anything I should look for or anyway to decode the SAR as it seems to be no use, shall I just get them to court and use the letters I have sent and recieved?

 

Many thanks

 

Sam

[SamR]

Hello,

 

I will try to be brief, this is about information, SAR and a default removal agreement

 

In 2011 I settled PPI claim with HFC,

they offered a settlement,

I wrote back agreeing to their amount of compensation, if they removed the default place on my credit report.

 

I put this on the bottom of the settlement letter 'with one condition of settlement, this being the default to be removed.

If you refund me the amount stated I will expect the default to be removed within the 21 days as stated in your letter plus 2 days as I am aware it will take 48hrs to be updated on my credit file.

There is no need for any further correspondence, when I receive the offer less the outstanding balance I will take this, as my offer has been accepted. '

 

Subsequently 6 weeks after I sent the letter they removed the folder from Experian only and (they did’nt write back to confirm the agreement).

I wrote to them and asked them to remove it from the other agencies and they refused.

This went on and on and I referred it to the FOS,

they came back to me last month and shockingly said there was no agreement in place

even though I wrote the above and they removed the information from Experian.

 

I have been to Experian & they have no record of any requests from HFC to alter any information.

The only other way is if HFC altered it on their Credit Account Information Sharing system (CIAS),

where they can change information on credit report and not leave any trail.

Meaning I am unable to prove they were the company who altered my credit report,

even though they are the only people that could have.

 

If I can prove they altered my information I can prove they agreed to my settlement and force them to remove the details from Equifax and Callcredit.

 

My question is I sent a SAR to HFC and received no details of the CIAS system should I have?

How can I prove this information was adjusted by HFC?

As the FOS has said that HFC don't have to adjust any information

where should I go with this now, escalate within FOS,

Court or give up?

 

Thankyou for your time.

[dx100uk]

what is the date of the default please

 

dx

[dx100uk]

old and new threads merged.

 

so you never went as far as court.?

 

dx

[SamR]

30th September 2010

[SamR]

No i decided to use the FOS first, as it would have to be the small claims court and they i was told wouldnt be able to order the removal of the information just compensation, and without any significant financial loss because if it I decided against it!

[Conniff]

These institution laugh at people like you and it makes it hard for other when someone threatens court but don't go through with it. Don't threaten things you have no intention of going through with.

[SamR]

I intend to go to court as my last option, i want exhaust all other routes first , thanks for your input really helpful!!

[BRIGADIER2JCS]

Your first course of action is to fully exhaust HFCs complaints procedure the court will expect this to have been done formally.

 

Make a FORMAL COMPLAINT to the Data Controller at HFC this MUST be fully investigated and responded to within 56 days once you receive their Final Response if favourable no action, unfavourable then issue a CC claim.

[SamR]

Ok great thankyou, should i sent a general formal complaint that my data has been altered or a specific complaint to exactly the above? Or a request for them to send me the data on their system they accessed?

[BRIGADIER2JCS]

Ok great thankyou, should i sent a general formal complaint that my data has been altered or a specific complaint to exactly the above? Or a request for them to send me the data on their system they accessed?

 

You can include ALL items that you want dealt with in the formal complaint the ALL of them must be investigated and responded to.

[SamR]

Hello,

so the plot thickens.

 

After Experian issued me with an email confirming HFC removed the default

 

I wrote again to HFC and they refused another SAR and asked me to give any evidence.

 

I sent HFC the email from experian.

 

Experian then emailed me applolgising saying there was an error with the format of some of the information on my credit report

and thats why the default didnt show.

 

And they confirmed it was not removed just didnt show even though i have had no issues with credit , the default now shows.

 

So after 29 letters and over two and a half years I dont know what to do.

 

Experian caused me so much work and time and stress dealing with HFC for nothing!

 

Where do I go from here?

 

Any ideas?

 

Thinking of making complaint to Experian?