Experian/default. hyundai finance

[rambo]

Hi guys, need a bit of help.

 

Just checked my credit report for the 1st time in ages.

I have a default against me from hyundai finance.

 

Long story, short version.

Brought a brand new hyundai trajet on finance from hyundai on 06/09/2003.

The car was a total nightmare! 3 gearboxes in a 12 month period, and because it was a common problem, hyundai had the car for ages whilst waiting for gearboxes to arrive in the country. Because I was using the car as a cab, it cost me a fortune in lost wages and I could not keep up the payments.

The car was eventually repossed by hyundai after about 2 yrs. I can't remember the exact date.

 

I have made no payments since the car was taken back, and according to my credit report I owe £5446.

 

The problem I have is that the default date on my credit report is 05/05/2009, 6 yrs after I bought the car, and about 4 yrs after they took it back.

 

I would have thought that the default date should be much earlier?

 

Any ideas?

cheers

richard

[markstone]

I have exactly the same problem with defaults dates. The default date should be recorded within about 6 months of the date you broke their credit agreement. You will need to send them a "Subject Access Request" There is a template for this letter in the CAG library, remember to send it recorded post. This will give you all the information the company has on your account, and will help you to determin when the actuall default should have been recorded. One the default has been recorded, they are not allowed to change the default date forward, even if the account is bought by a debt collection agency. It seems on the surface, that if the car was reposesed 2 years after the 06/09/2003 date, the default should read around about 2005/2006, but first of all, get your SAR report from them.

[rambo]

Cheers mate.

[rambo]

I sent a SAR to hyundai finance and recieved a reply from santander. I assume santander have taken over hyundai finance?

 

The states;

 

"Having conducted a search of our records I have beeen unable to locate your account by the name and address supplied. Consequently, I believe that either did not have an account with us, or alternativley your account closed more than six years ago and in which case the records have been destroyrd/deleted".

 

On my experian credit report the default is with hyundai finance.

 

Should I send a copy of the letter to experian and ask for the default to be removed?

 

cheers

[renegadeimp]

I think you need a brig letter for this.

[rambo]

I think you need a brig letter for this.

 

He is good.........

[BRIGADIER2JCS]

Hi guys, need a bit of help.

 

Just checked my credit report for the 1st time in ages.

I have a default against me from hyundai finance.

 

Long story, short version.

Brought a brand new hyundai trajet on finance from hyundai on 06/09/2003.

The car was a total nightmare! 3 gearboxes in a 12 month period, and because it was a common problem, hyundai had the car for ages whilst waiting for gearboxes to arrive in the country. Because I was using the car as a cab, it cost me a fortune in lost wages and I could not keep up the payments.

The car was eventually repossed by hyundai after about 2 yrs. I can't remember the exact date.

 

I have made no payments since the car was taken back, and according to my credit report I owe £5446.

 

The problem I have is that the default date on my credit report is 05/05/2009, 6 yrs after I bought the car, and about 4 yrs after they took it back.

 

I would have thought that the default date should be much earlier?

 

Any ideas?

cheers

richard

 

Good morning Richard.

 

Is this account still in the hands of the finance company if so it will be easier to deal with, repossessed in 2005 means that the account should have been defaulted at that time. To default 4 years after the cause of action breaches the ICOs Technical Guidance on defaults and most certainly can be challenged as unfair.

 

The debt is statute barred ie 6 years or more have elapsed with no payments being made and no unequivocal written acknowledgment of the debt.

 

If you can tell me the following detail I will draft a letter to help sort out the default and declare the account statute barred.

1. Which Company Name is on your credit files, if is still Hyundai as said easier to handle.

2.If at all possible the date of the repo month and year will be helpful.

 

Letter ready later today.

[BRIGADIER2JCS]

Ok Richard,

So we need to write to Santander:

 

To the Data Controller

Santander.

 

Ref: us the one given on the reply to your SAR.

 

Re: Hyundai Finance account No. xxxxxxxxxxxxxxxxxx

 

Formal Complaint Re: Improperly Placed Default

and Credit Reference Agency Files.

 

Sir/ Madam,

 

I refer you to the above referenced Hyundai Finance account opened 06/09/2003 terminated by repossession of the vehicle in 2005, having check my credit reference files hrld by xxxxxx credit reference agency I have found any entry for this account showing as defaulted 05'05/2009 some 4 years after the repossession of the vehicle financed this is in my opinion either a mistake in recording the default date OR a deliberate attempt by Hyunadai or Santander to manipulate the default date unfairly.

 

I am aware the Information Commissioners Office Technical Guidance on Defaults states the a default must be placed within 6 months of the cause of action which in this case is the date of the vehicle repossession in 2005, therefore recording a default on CRA files in 2009 is both unreasonable and unfair.

 

This alleged debt is in fact Statute Barred under the Limitations Act 1980 and I will NOT be making any payment in relation to the account.

 

I now require the data that has been reported on this account to be removed from ALL Credit Reference Agencies to which it has been reported with immediate effect.

 

For clarification:

1. The Account is Statute barred.

2. A default placed 4 years after the cause of action is unfair and unreasonable.

3. ALL references to this matter are to be removed from CRA files immediately.

4. Failure to comply with my requirements will result in the following actions being taken.

A. A report to the ICO regarding the ''manipulation'' of data registered on CRA files.

B. A report to the OFT/FCA regarding the conduct of Hyundai Finance/Santander in this matter.

C. If Santander fails to resolve this matter satisfactorily I will take the matter forward to the Financial Ombudsman Service which of course involves costs for Santander.

 

Given the length of time that this erroneous default has been affecting my credit profile I would expect Santander to respond well within the 56 days time scale allowed for a formal complaint, and if this matter is not resolved to my satisfaction I WILL seek suitable financial redress fro Santander for the damage to my credit file and the stress and anxiety caused by trying to resolve this matter.

 

OK Richard, send by RM recorded/signed for delivery and check when the date delivered.

[rambo]

Cheers brig.

 

The account is still with hyundai according to experian.

I don't know my original account number, but can remember the reg of the car, shall I use this as a reference instead?

 

According to experian, the default/account was last updated on 07/04/13.

[BRIGADIER2JCS]

Puzzling why the SAR came from Satans Bank yet the CRA file show Hyundai.

Is there nothing in the SAR to show an account number?

[rambo]

Nowt in SAR to show account number.

They basic jist of the letter is that they cannot find anything on thier files to do with me. Strange, I know.

Makes we wonder whos updated the account on my credit file.

[BRIGADIER2JCS]

Nowt in SAR to show account number.

They basic jist of the letter is that they cannot find anything on thier files to do with me. Strange, I know.

Makes we wonder whos updated the account on my credit file.

 

I think it necessary to check all the CRAs for this account to see if they have the same data, then require them to disclose which company updated the files.

Meanwhile I will compose a letter to do this.

[rambo]

Cheers brig.

I'm off camping for 6 days, so will do letter when I get back.

 

On the question of cra's, how many are there?

[BRIGADIER2JCS]

3 main agencies, + Noddle an off shoot Call Credit, Check My File, the latter 2 us 2nd hand data from the main agencies.

[rambo]

Quick update.

 

I sent off the letter that brig kindly did for me and have recieved a reply from santander(very quick reply from santander 10/10 for that).

 

They say that the are not responsible for credit agreements incepted in 2003 and that I need to write to blackhorse finance in cardiff, they have supplied the address.

 

Should I send blackhorse a fresh SAR?

[BRIGADIER2JCS]

OK Rambo save a tenner send the letter in post 8 to Black Horse.

 

Recorded delivery to the Data Controller

[rambo]

Cheers brig!!

[BRIGADIER2JCS]

Cheers brig!!

Your'e most welcome!!

[rambo]

Quick update,

recieved a reply from blackhorse, very quickly, well done blackhorse.

 

They have admitted they made a mistake and have removed the default from my credit report!! Yipee!

They said that they have updated all the CRA's that they use- experian, equifax and call credit.

Ive just checked experian, and the default has gone=result.

 

 

BIG BIG thank you to brig for all your help and advice on this matter, you are star!!!!!!

I shall be making a donation to the site as well.

[renegadeimp]

Congrats on the brilliant result. Brigs letters rule again!

[BRIGADIER2JCS]

GOOD to hear, great result!!