Hillesden Securities Again !!

[shaleking]

Hi

After checking my Noddle report I have a default entry in 2014 from this company

 

I have had no correspondence at all from them before this date or since

 

I was in financial trouble a few years ago and

 

 

the ONLY debt this can refer to was registered as a default in 2007 by the original lender (who I have had no contact with since 2005 )

 

As my credit file was marked with a default on this from 2005-2011

 

 

can a DCA re-register a delinquient debt they have purchased after this amount of time as a default

 

 

presumably on the date they purchased it meaning my credit file is marked again for another 6 years ??

[Stigman]

Hi,

 

No, another Default cannot be registered, a default can be registered once and once only.

 

You can write to Hillesden asking for this Default to be removed as it has been applied incorrectly, if they refuse then you can go to the Information Commissioners Office.

 

Be warned though that contacting a DCA will more than likely start collection activities, therefore to help with other posters...

What is the debt for?

When did you make a last payment or write an acknowledgement of the debt?

Do you own your own property?

 

You can also write to the Credit Reference Agencies and place a notice of correction against the default until it is resolved.

 

Stigman

[ncf355]

I have recently had the same issue with these lovely people with both mine and my wife's CRA files

 

I wrote to them stating the dates the original creditor put the account in default and demanded that they removed all entries relating to the account, after a few 'we're investigating' type letters, they removed it.

 

Note of caution :just in case, put a heading of "I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY RELATED THIRD PARTY"

 

Also when asking for the removal, refer to it as an account, not a debt

 

Hope that helps

[shaleking]

Thanks for the reply

The debt was for an unsecured loan from Welcome finance. £3000 was the default amount which would have been 2007 at the latest (no contact with Welcome or any acknowledgement with a DCA since)

 

 

Hillesden have registered the default April 2014

My understanding was that after 6 years (2013 at latest) the debt and default is statute barred and should have dropped off of my file.......

[Bazooka Boo]

Six years (five in Scotland) is the limitation period for debts, after which they are Statute barred, correct.

 

Default markers on your CRF also have a life of six years before they auto drop off your file, never to return, paid or not.

 

If this is a new entry for the same debt, then they must remove it, first inform the CRA that they are processing inaccurate data and demand it is removed immediately, they more often than not respond with the same lame missive, claiming they have spoken to the DCA and they have told them it is correct and the default will remain.

 

You can place a 'notice of correction' against the entry to advise that it is incorrect.

Then complain to the ICO who should investigate it, the final option is to bring a defamation claim against the DCA in order they remove the inaccurate data, and AFAIK, damages claim start at four figures, rising considerably if you have been refused employment/credit/mortgage due to the inaccurate reporting on your file.

[shaleking]

Thanks for the replies, As Bazooka Boo correctly stated Hillesden rejected my dispute via the CRA so I have now emailed them direct giving 28 days to respond failing which I will go down the ICO route