Hilles/DLC/old associates card - they changed default date - **Won/Adverse Data Removed**

[DonkeyB]

Surely if they can find no evidence of a payment, they must uphold your complaint?

 

Think you need to force them to court.

[Windywoo]

I think this will have to be the next step, although how to go about it, I have no clue!

 

Would anyone be able to point me in the direction of, how to issue this sort of court claim, how it would need to be worded, and whether I would need to ask for compensation from them for trashing my credit file these last few months?

 

I am so angry about this - had DLC just left the default, then it would be gone by now, instead, they removed it as a "gesture of goodwill" and slung late payment markers and a phantom payment in as another one of their goodwill gestures!!

[Windywoo]

Can anybody offer any advice on how to take this to court please?

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?394131-Small-Claims-actions-in-the-County-Court-FAQ-work-in-progress&p=4259606#post4259606

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences

 

Regards

 

Andy

[Windywoo]

Thanks Andy, I have already done a couple of previous court claims, so I know what to do - thank you again!

 

What I need to know, is how to word the claim, and what sort of compensation I should be looking for?

 

Both my other claims were just ordinary straight forward ones!

[AndyOrch]

If you have done an LBA then proceed to claim if not here is an LBA I was advising on the other day to a poster:-

 

" Thats fine at least you have tried and exausted the process.

 

The LBA is far to lengthy and in-depth,

it needs only to refer to the complaint number your account number/ reference.

 

It should be headed letter before actionicon.

 

It must state a time frame which a response must be submitted, thats your preference 7/14 days.

 

If Pre Action Protocol is applicable then this also must be followed and mentioned within the LBA.

 

State briefly the nature of your grievanceicon/claim and what is required.

 

Conclude with Further to the above if no response or satisfactory conclusion can be attained it is my intention to seek

a Money Judgment through the county court and will issue legal proceedings without further notice."

 

Edit to suit.

 

 

Here is the DPA forum you may find a similar PoC here :- http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?205-Credit-Reference-Agencies

 

 

Regards

 

Andy

[Windywoo]

An update:

 

After going around in circles with the FOS (they sat on the fence in that, that after me providing them with the evidence that I did not pay DLC when they alleged I did,

the FOS said it was a matter for the courts, and then turned the emphasis on dates of correspondence.

Quite clearly it was going no where and a complete waste of time!)

I said I would be taking the matter to court.

 

In the meantime,

I successfully reclaimed my PPI from the OC, Citicards.

 

Bearing in mind that the last payment made BY ME on the alleged account was Feb 2007,

 

I have in the last three days received four letters from DLC

- one telling me my account had been terminated by the OC,

another giving me an oppurtunilty to pay the now SB debt at £10 per month by direct debit,

or an f&f of 50% of the balance,

their usual monthly statement of account,

and lastly a notice of sums in arrears!

 

Now,

could it be that since I have reclaimed the PPI,

would the OC have informed DLC of my reclaim

and could this be why I have received all this rubbish through the post?!

 

I presume they think I should start paying them!!

[dx100uk]

PPI does not reset any clocks!

 

dx

[Windywoo]

Thanks dx, I guessed it didn't - just thought it highly coincidental!!

 

This vile company is still trashing my credit file with late markers - desperate to get rid of them once and for all!

[Windywoo]

An update:

 

I've just had a alert from Experian, so had a quick look at my credit file.

 

Hillesden have marked by file as satisfied, and have removed the late payment markers, and substituted with a default - dated Dec 2013!

 

Now, bearing in mind, this account was SB in Feb 2013, but they weren't having any of it - the original default on this account was in 2007, which Hillesden removed - how can they default now?

 

It's actually improved my credit score, but I'm just wondering whether they've sold it on?!

[dx100uk]

looks like they've sold in on then.

 

they cant change the org default date.

 

complain.

 

dx

[ncf355]

The complaint needs to be to the ICO

 

Regardless of any payments made, the default on file may only last 6 years from the date of "breakdown of relationship" - one of the ICO's examples for this is within 3 - 6 months of last full payment made to the account.

 

In addition you probably need to state something along the lines of

 

"Whilst I maintain my position that this account is statute barred, with no payments having been made in excess of 6 years, I would also draw your attention to the fact you have previously failed to provide a copy of the original alleged agreement between myself and the original creditor.

 

I would remind you that without such a document, containing the prescribed terms of the CCA 1974 and signed by myself, you are wholly unable to enforce this alleged agreement, and as such no payment of any kind will be forthcoming"

 

 

(............or similar!)

[Windywoo]

Final update to this thread:

 

Searching through paperwork, I found the original default notice associated with this fiasco, dated 1st March 2007!!!

 

Emailed a very stern letter to DLC on Tuesday, along with a copy of the DN, demanding the removal of the default, and hey presto, all traces of this account has disappeared from my credit files.

 

It has taken a few months, but I've beaten them!!

[dx100uk]

hey great result

 

dx

[AndyOrch]

Delighted that this has been resolved for you Windywoo.

 

Well done.

 

Regards

 

Andy

[ncf355]

Windy,

 

firstly, congratulations!

 

However - a note of caution

 

They removed mine back last year and I have had to ask for it to be removed a further two times since then (September and this month)

 

I'm not sure if it's incompetence or an act of agression on there part but the last letter I sent them (a few days ago) asked for compensation

 

Of course, if Durkin v DSG goes 'our' way, things could get interesting...

[ncf355]

Actually, on that note - if yours gets re enetered at a later date, could be worth us joining forces to prove it's not just a 'one off'?

 

[Windywoo]

Don't worry, I shall continue to keep a very close eye on my credit files!

 

They are one agressive company, the most difficult I've had to deal with, so I'd be more than happy to join forces!

[ncf355]

Good stuff, I'll keep you up to date with my progress

[BRIGADIER2JCS]

Excellent result!!!

[Windywoo]

For everybody's interest, an excerpt from the letter received yesterday - what do you think?!

 

"Although a notice of default was issued to you on 1st March 2007, collection activity was suspended on your account whiile your request under the CCA1974 was outstanding. As result the account did not continue through the default process until after it was established that the requested information would not be available.( 18th Nov 2008)

 

If the account had not been on hold, the account would have been progressed to the default process in 2007, and at this point the default would no longer be repoted to the CRA,. In view of this we have taken the decision to remove the default.

 

Doesn't make sense to me.....!!

[ncf355]

No

Makes no sense whatsoever

 

As far as the information Commissioner is concerned,

the Default 6 year period will start ticking from the date on that default notice,

so if they ever try to reinstate it you have them bang to rights

 

I must stress that the information Commissioner regards the point of default to be where the breakdown in relationship took place

(normally 3 months from the point the last full payment was made, but no more than 6 months)

 

However in your case it suits you to use the date of the default notice

 

They can enter a default on credit files without sending a default notice as the 2 things are not directly connected,

but a default notice obviously shows unequivocal proof of a breakdown in relationships

[Windywoo]

How I read it is, because the account was on hold they think it alters the date of the default, and because the account was deemed unenforceable in Nov 2008 - that was when they think it's defaulted - garbage, that's when they changed it from a default to late payment markers!!

 

Surely a default is a default, they make up their own rules, for the sole intent of trashing people's credit files!!

[BRIGADIER2JCS]

This just makes it clear that receiving a DN does not mean the account has been defaulted,

 

the explanation seem adequate

 

the default would have been placed earlier had the account not been put on hold

 

and the default if placed earlier would have reached the 6 year expiry date

 

so it was removed from CRA files.