mkdp ŕefuseing to take default notice off credit file

[mjaynemarie]

I have been sent a letter from them saying I owe them money

 

I have sent them a sar with a pound postal

 

they have replied saying it is ten pounds for a sar

 

are they right and

 

also does the 14 day time limit still stand

 

or does the clock star again

 

if I have to send another postal order Thank you for your help mjaynemarie

[new-me2010]

Can you fill in the details, this forum is very good at answering questions if the facts are given but crystal ball gazing isn't in the remit

 

BTW a SAR is £10 and a CCA is £1

[mjaynemarie]

Thank you for your help it was a sar letter she sent so she has to send another nine pounds ! That is what they asked for in the letter they sent back to us does that mean the time limit for them to answer by starts from the day they receive the letter ?

[letsgetitsorted]

it would be the CCA request that is the £1 fee, the clock will start afresh when they get the new request. a SAR is £10 but that request goes to the original creditor and should take no longer than 40 days to be full filled.

[dx100uk]

whats the debt all about please

 

is this on your credit file?

 

dx

[Stigman]

Never SAR a DCA, they hold such limited data that your tenner will will pay for a couple of A4 sheets if your lucky, always SAR the Original Creditor.

 

Stigman

[mjaynemarie]

Sorry for the late reply

 

it is for my wife and

 

I we had a bank account and loan with HSBC !

 

We started having problems paying the loan and

 

went in to the branch to sort it out before we missed any payments on the loan

 

The guy said we can't set anything up because you are not in arrears yet

 

The next thing we found out was they took the loan payment out of our account taking us overdrawn

which they charged us £28.00 for going overdrawn and then charged us for not having enough money in our account to pay the loan

 

This all happened in 2008

 

we tried closing the account but HSBC said we could not close it

 

we opened an account with Yorkshire Bank

 

.we wrote lots of letters to HSBC to sort things out but they ignored us ?

 

Then we started getting letters from different dca companies.

 

HSBC had put the loan in with our account

 

In other words they put the loan and the bank account into one account

 

.surely the cannot do that without our say so

 

mkdp have sent the letter to my wife ñot me

 

.it was a joint account and a joint loan account .

 

my wife has sent a letter to them and asked for a signed credit agreement and

 

I think they will have problems getting it.

 

I have been with cag around four years

 

I had a blood clot on my brain in September last year's which caused me to have a stroke

it has left me with a lot of memory loss and I am still recovering .

 

I am very forget full so sometimes I forget what I have written

 

thanks for your help

 

I will make a donation mjaynemarie

[new-me2010]

Sorry to hear about your illness and thanks for getting back and filling in some details.

 

I would SAR HSBC sending the £10 and CCA mkdp with the £1 for starters and then see what turns up.

 

There are wiser souls on here who can advise about the putting together of accounts but IMHO its wrong.

 

NM

[dx100uk]

right so this is one of their famous managed loans

 

where by they merged a debt covered by the CCA

with a debt that wasn't.

 

dx

[dx100uk]

I was going to post a link

 

but its better you read for yourself

 

use the search of our grey top toolbar on the right

 

type in

 

managed loan

 

and go do some reading up.

 

they don't stand a chance

 

dx

[mjaynemarie]

We have tried to get mkdp to take a default notice off my wifes credit file when they have failed to come up with a sighed credit agrement what do we do next

[colin11]

the fact that they can't come up with a signed credit agreement, doesn't mean that you don't owe them the money, it just means that they can't use legal means to recover it from you

 

The default will stay on her credit file for 6 years, there's not much you can do about that

[ncf355]

Sorry Colin but that's not entirely correct

 

Recent case law in the COA means if they don't have an enforceable agreement they need to remove the Default or face action for damages

 

Lack of any signed agreement (particularly if the agreement was signed Pre April 2007)would give rise to such a claim

 

See Grace v Black Horse

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?435765-Grace-amp-Anor-v-Black-Horse-Ltd-2014-EWCA-Civ-1413-(30-October-2014)

 

As mentioned by ncf355 - Grace v Black Horse might be worth a read ^^^^^^

[dx100uk]

is this the HSBC one of your previous thread please

 

 

dx

[mjaynemarie]

Sorry dx not been to well

 

 

back on form now

 

 

did you get the information

 

 

i submitted a few mins ago ? 22.55

[dx100uk]

what info where?

 

 

dx

[mjaynemarie]

Sorry dx

 

i put some more information on it must have gone astray !

 

I have had a quick read of grace vs black horse and it is very interesting

 

could you tell me if hsbc acted properly when we went into the branch in 2008

 

they said they could not help us until we missed any payments ?

 

Then when we missed payments they took payments out by direct debit

 

then claimed non payment fees

 

hey did that for 8 months and

 

pt charging to our account which we had closed in june

 

then put a default on the account in april 2009?

[dx100uk]

I've merged an old thread withthis one

as I think its the same issue

 

 

go read from post 1 please and confirm it is the 'managed loan'

 

 

or what the actual account on your cra file is listed as ?

 

 

then we can get moving.

 

 

dx

[mjaynemarie]

Yes it is listed as a loan on my wifes

[dx100uk]

right sorry to persist

so they merged the loan and the bank account you said earlier

but you indicated it was a balance ofboth in the current account

 

 

now its showing as a loan on the credit file with the merged balance

and under MKDP as the owner

 

 

dx

[mjaynemarie]

Yes thats right total amount is the loan and overdraft and interest and charges hsbc kèpt taking the loan out of our closed current account then adding charges on i think mkďp have brought it from hsbc not sure sorry not to be of more help dx

[mjaynemarie]

Thanks for all your time dx i will make a donation tomorrow and i will come back on tomorrow i am a bit tired i have left my email address if you come up with some information for me thanks snd good night

[dx100uk]

that's great

 

 

the credit file should show the owner now.

 

 

it might be your target is HSBC for the default

as I suspect they defaulted before sale.

 

 

there's a lot of threads on these appalling managed loans by HSBC here with good info.

 

 

dx

[mjaynemarie]

Yes hsbc applied the default in 2009 when they wanted to do they applied a lot of charges by takeing the payments on the loan out of our joint bank account that we closed in june 2008 which should make it statued barred surely crafty buggers thanks dx if you find out any more please let me no cheers mjaynemarie