Hitachi capital finance / Lowell

[yesilgozlerim]

Hello everyone,

 

I haven’t posted in a while

last time I did, I was advised to let a loan dmp default rather than have ap markers on my account for life - so that’s what I did.

 

My last payment was December 2018 to Hitachi.

I had a letter giving me a refund of some back in February and just one letter last month stating I hadn’t made payments for my loan and to contact them... 

 

its been 5.5 months and I’ve had no emails , no correspondence of threatening to default , nothing.....

most likely they will default me

but what if they take too long and don’t default me?

 

Can I force them to default me?

Or if they take too long to apply it,

is there a way to try and get it removed because they are slow and not following procedure or something ?

 

 

 

 

[dx100uk]

so you have AP markers on this on your credit file from 2016 was it?
 

dx

 

 

 

[yesilgozlerim]

No, they begin from August 2017 when I set up a repayment plan with them ( but the account has been in arrears since October 2016 .. just it has AA BB DM markers from October 2016 until August 2017...

[dx100uk]

well when they sell it and register a default

you then complain that the default should ideally have been registered 3-6mths after you 3rd missed/short/non payment.

there are no hard and fast rules that state they must after 2014 changes

but it might work

 

dx

 

[yesilgozlerim]

So technically they should have defaulted me between jan -April 2017? 

[dx100uk]

sadly any hard and fast rules or guidelines from the ICO changed in 2014, but its worth the punt

but wait till they sell it to a powerless dca and default it then try.

 

 

[yesilgozlerim]

Yes this is what I’m waiting for but they’re takin too long to default me and sell it on! 

[yesilgozlerim]

Hello,

Just to provide an update on the situation, it as been 7 months since i made my last payment.

 

I received a letter on 17th June from Hitachi telling me the debt had been sold to Lowell Portfolio 1, and also a standard letter from Lowell saying the account was sold to them and i should make payment to them.

BOTH letters were in the same envelope.

 

I havent received any more letters or calls since.

 

 

I have NOT received any default notices and no defaults have bene applied to my credit file.

IF and WHEN i receive a default from Lowell, will the default apply from the date Lowell register it or will be from before?

 

thanks

[dx100uk]

only the original creditor can send a default notice and default your account.

typically though that happens upon sale. because a debt must be defaulted to litigate.

you probably see it appear in the coming weeks, CRA providers nor OC's are ever that quick upon updating files [can be +2 mts till it shows]

 

 

[yesilgozlerim]

But I haven’t received any DN or anything other than they sold the debt to Lowell.

How can i receive the letters they have sold it BEFORE receiving a DN ? It is odd ! or is it normal ?

[dx100uk]

lowells are just quicker off the mark probably that's all.

the fact you've received no dn is to your advantage.

if there isn't one

then lowells will have a hard job if they goto court.

 

 

[yesilgozlerim]

Thankyou Dx

[yesilgozlerim]

Ok so I have received another letter from Lowell “ Payment Due “ 

 

And all the ways to pay or make a payment plan!

 

Still no default notice from Hitachi ..

 

Where do I go from here ?

 

is it worth making a complaint ?

[dx100uk]

god no dont invite letter tennis.

[yesilgozlerim]

So what do I do ?

 

I was just thinking of complaining to Hitahchi not Lowell! 

[dx100uk]

its still very early days for a credit file to be updated

typically can take 6-8weeks.

are lowells  showing as the owner yet?

[yesilgozlerim]

Not yet but that’s not my problem- it’s just that hitachi has sold it on to lowell without defaulting me and no DN or intention to default, and nothing registered on my credit files! I want that default applied.

[dx100uk]

you don't know that

its not appeared on your credit file under lowells name yet.

OC's don't, and wont send a DN when they default a debt and sell it on..

[yesilgozlerim]

Do the OC  not have to default it in order to sell it on DCA then ?

 

i’ve one default with Aqua- registered 2 years or something ago

when I was 3 months behind hey sent me a default notice and sold it on! 

I thought that was standard practice.

 

Hitachi didn’t send me a default notice just a letter middle of june saying it had been sold to lowell on 29th May! How can they sell on a debt that hasn’t officially defaulted (( as the OC has not marked it as defaulted )) 

[dx100uk]

as I said..

 

OC's don't, and wont send a DN when they default a debt and sell it on..

[if its not already been defaulted]

 

 

[yesilgozlerim]

but why? Aqua did so why not Hitachi ! 

[dx100uk]

there is no hard and fast rule they must

to the date of the sale, if they've not already sent a default notice and default you.

they have no reason to send a default notice letter when they sell it on

typically most creditors do register a default upon sale some don't but its rare

 

bit early for yours to show yet IMHO.

[yesilgozlerim]

Ok so it’s been 3 months since Hitachi sold my debt to Lowell!

Still no Default registered against any CRA.

Clearscore ( Equifax ) is saying that Hitahchi closed the account with a Zero balance.

 

 

Received a letter from Lowell now saying they may take legal action and apply for a CCJ .

 

I don’t know what to do now !!

 

 

 

 

 

[dx100uk]

not been reading up then. cag is self help too...

that's what DCA's do ....threaten ...may this could if but instructed.

 

 

[yesilgozlerim]

Car is self help ? what do you mean ?

 

I just am so confused about all of this.

 

I thought that the debt must be in a defaulted status in order for Hitachi to sell it on.

The account with Hitachi wasn’t and, with reference to CRA, hasnt been marked it with a default. It’s been 3 months !

 

Lowell bought it and have made payment requests which I haven’t responded to as no default. I don’t want AP markers stuck there  why I was wanting the default.

 

Any ideas what my next step is ?

 

Thanks