Possibility of removing a default dlc/halifax

[moo245]

Hi all, hoping to get a little advice on attempting to remove a default from my credit file.

 

The basic story:

 

I had a debt originally with HSBC which was sold to a debt collection company.

 

I entered a debt management plan

around 3 years in when I was in a position to offer partial settlement on the debt, which was accepted and went through.

 

After recently obtaining a copy of my credit files

I saw that the date of settlement of the account was 01.09.2010

, but on this date the debt collection company also placed a default notice on the file.

 

These are the only two entries for this company on my credit file.

 

I have written to them requesting a copy of the CCA, and the original default notice (which i don't remember receiving)

 

have got a response that as the account is closed they do not have to provide the CCA. They've made no mention of the default.

 

I was wondering if anybody had any advise on my next step.

o

I understand that they legally don't have to provide the CCA if the account is closed, but what about a copy of the default notice?

 

I am struggling to understand why they have settled the account, and placed it in default on the same date.

 

Any help or advice would be gratefully received.

Edited August 6, 2015 by moo245

[fkofilee]

Debt Collection Agency or Debt Management Company?

Name and shame plz.

[moo245]

Issued by a debt collection company (sorry - I've edited the title) It's DLC

[citizenB]

Once HSBC sold the debt on then the new owner of the debt (DCA) became responsible for updating the record. What was the date of default from HSBC ? The new owner can only continue to update until 6 years have passed from the date of default. They cannot change the original default date. There should only be one company updating the record so if HSBC are still updating, then you should ask them to cease.

[citizenB]

You will not receive a copy of the default notice as they are computer generated - you might request a Subject Access request and what you should receive as part of the data is a copy of the Communication log/daily event record on which they should show the date a default notice was issued. However, the placing of a default marker on credit files needn't happen for up to 6 months later.

 

You would send the SAR to the original lender, not the DCA.

[dx100uk]

I would suspect the debt was simply being collected by dlc for the oc?

 

Dx

[moo245]

Sorry - HSBC didn't issue the default,

it was issued after the debt was sold on.

 

The Debt was sold on in Jan 2009

, in the summer of 2009 I made the settlement offers

(had a couple of creditors which all had to accept), these were accepted and

 

the account settlement date is showing as 01.09.2010, and the default notice is dated the same

 

(for £567.00 - no idea where that figure has come from).

[dx100uk]

Have you the notice of assignment from dlc?

DX

[moo245]

Yeh, got the letter from DLC, Dated 14.01.2009

[dx100uk]

And they bought the debt and don't mention any client on the letter??

 

OK

Well they can't default you

Only the original creditor can default. You

This is what is puzzling me

 

Have you checked more than one cra provider

[moo245]

Yes, checked Experian, callcredit & Equifax, but it's only showing on Equifax.

 

The letter from DLC states:

 

"your above agreement with HSBC has been assigned to Hillesden Securities Ltd T/A Direct Legal and Collection. All future correspondence and contact must be made with us"

Edited August 6, 2015 by moo245

[dx100uk]

Have you directly written to dlc and simply asked under what authority they are acting under to default your credit file?

 

They are not a creditor

Could they have made a mistake ???

Is the debt marked as settled or partially settled

 

Dx

[moo245]

It is showing as settled.

 

 

I wrote asking for a copy of the credit agreement, and the default notice,

and got the reply that as the account was closed they had no duty to comply with my request.

 

 

I wasn't aware that they couldn't default the file themselves, and

 

 

if this is the case, I'll write to them as you suggested.

 

 

The debt was sold on more than six years ago,

 

 

o if there was a defaults against it should've fallen off by now.

[dx100uk]

Correct

 

I suspect HSBC as they should do

Defaulted the debt on sale

 

Not got an old craprintout have you?

Where either this debt doesn't show or shows with an earlier defaulted date?

 

Why not try a quick call to HSBC to see if they hold any records?

Else it's sar time to the oc?

 

Dx

[moo245]

No, haven't checked the CRAs before.

 

 

Thanks for your time,

 

 

It's cleared a lot up for me,

 

 

feel like I understand it a lot better now.

 

 

I'll contact HSBC first and take it from there with the SAR.

 

Many thanks.

[dx100uk]

yea see what HSBC can do before you do anything further

if you can prove they defaulted the debt more than 6yrs ago

slam dunk hillies MUST remove the account.

 

 

else its arguing with hillies they cannot register a default.

 

 

me thinks its an office junior that's done it without checking account history.

 

 

dx