Hi everyone, I'm looking for some help regarding a HFC debt.

I had a loan with them and i stopped paying as couldnt afford so my last payment was march 2008,

I checked my credit report with Equifax and I have a default which was issued november last year.

I have heard the default should be placed within 6 months of the last payment.

What i'd like to know is who do I ask to have it removed

- HFC or Lowell as Lowell's letter states they are legal owners of the debt now they bought the debt december last year.

Also do you think they will just change the default date back to 2008 or remove it completely?

I'm not sure which would look better on my credit report because if the defaults removed will all the late payments still show up?

and if I settle the debt now will it be from that date that the 6 years starts before it all comes of my report?

I want to pay it off but I really just need advice on what would be the best move in terms of making my credit report look better please can anyone advise?

Thanks

have ever sar'd HFC

i would !

dx

Thanks for the reply, no i havent SARd them, what would this show me? I do want to pay this debt off i just need to know the best way of approaching them and whether the default can be removed and if it is will my credit report be any better off, my aim is to clean up my credit report as quickly as possible if at all possible!

can you get a diff cra report please

see below

let see what another says.

the only way to rid your file of everything bad on this a/c

would be to offer an F&F to lowlife with a removal clause

else its complain to the ICO

but even that might only result in mar 2008 or mar 2014 drop off.

dont forget the PPI and PENALTY charges reclaims FIRST.

dx

Thanks for the info, im in the process of getting a report off experian..so should i just copy a f&f template or should i make my own with a clause about removing the default aswell? Do i send this to lowell? Also should i offer the full amount or just 75 % of the debt? Sorry about all the questions!

i know you want movement and p'haps quickly

but IMHO i really think you need t SAR HFC

there might be more to this whole story than meets the eye.

dx

I will SAR them, I will update you when I hear back thanks dx!

who do i SAR, HFC or Lowell as Lowell say they have bought the debt??

sorry its been a while, ive been concentrating on another debt for the past two months but fingers crossed its nearly done!

DX I havent SARd them yet but I did what you said and got a different credit report and HFCs not on there, so do you think I should still SAR them? Who do I send it to because Lowell have actually bought the debt?

Looking at a letter I have off HFC they sold the debt on 23/12/2011 must be shortly after putting the default on my report on the 30/11/11

Do you think I would have a case if my last payment was 03/2008 and they waited till 11/2011 to put a default on, surely thats not right!??

sar HFC

lets get the correct info.

no good keep guessing things

dx

Hi again

i know its late but its taken ages to get all this sorted.

In the past couple of months I received my SAR from the DCA (Lowell)

who also told me to SAR HFC as they did not have all the information that HFC holds

I SAR'd HFC and they replied asking for a copy of my passport which I sent to them with my signature blacked out.

They have just sent me a new letter asking for 'a copy of your original request containing your signature.'

Do i have to comply with this?

Its just i'v heard of companies copying signatures onto paperwork

I know for a fact my CCA has my signature on it as I have the copy

I don't know if I'm just being paranoid and should send it to them!!?

why did you sar lowlife?

always the OC.

now there is no issue with signing an sar

in fact you must and inc a copy of a util bill

dx

Thanks dx...I was confused, Lowell sent me all the info they had on me but i need the exact default date off hfc cos im sure its not right so I will send my signature off and let you know what i get back off them.

default date should be on your cra file

dx

Yes dx yo'rer right it is on my credit file

but Im concerned that the date of the default which is november 2011 is unfair because my last payment to HFC was 2008!

I wanted proof off them of when they issued the default to try and dispute it..

.to be honest I don't even know if I can dispute it,

do you know anything on this matter? Thanks

Is that an update of a previous entry?

As DX says a SAR is needed.

Im not sure brigadier, what do you mean by an update of a previous entry?

I have received some info off Lowell and that states that the default date is november last year aswell.

Were you in any sort of repayment plan with hfc? Sometimes they wait until you miss payments on that before they default you. Obviously the default was put on in readiness for sale

When a debt is sold the credit reference files must be up dated with the new owners details the new entry will show the date when the debt was aquired by the purchaser in this case Lowell, but the original default date must remain the same.

It has been known for a DCA to claim that they can record a default at the time they bought the debt this is totally wrong.

Did HFC default the account in 2008? If so Lowell are out of order the default entry must be corrected, if HFC did not default in 2008 and you know the date of the last payment then you can certainly challenge the entry as unfair and notify the Information Commissioners Office regarding the late placement of the default.

the CRA file is in post i

apprears not

just rows of 6's

dx

Hi again so I know its been a few months but ive got EVERY piece of information I need now...

So i SAR'd Lowell to start with and they sent me a credit agreement, account statement and default date although they said thet didnt have everything and to SAR HFC (the original creditor) so i did this and got a reply saying they have no info on me as the account is over 6 yrs old.

My main concern if you remember was that i thought the default date was unfair as it was placed on my report over 3 years after my last payment to hfc, does anyone know of any rules regarding time scales of creditors placing defaults on customers credit files? Ive looked at the consumer credit act but to be honest its really confusing

What do you think I would best do in regards to how this affects my credit report as obviously the default was placed in 2011 - that means it wont drop off my report till 2018!

I have uploaded copies of my letters received off hfc and lowell...

1. Letter stating Lowell are now legal owners of the debt.

[ATTACH=CONFIG]40884[/ATTACH]

2. SAR Reply from Lowell

[ATTACH=CONFIG]40883[/ATTACH][ATTACH=CONFIG]40882[/ATTACH]

3. Default dates off Lowell

[ATTACH=CONFIG]40885[/ATTACH]

4. SAR reply from HFC

[ATTACH=CONFIG]40886[/ATTACH]

urm..

surely if HFC are saying there is no data

the debt is SB'd so should be removed from the CRA file?

dx

Simply refer them to the ICOs Technical Guidance on Defaults, ''Defaults should be placed usually WITHIN 6 MONTHS of the cause of action''. therefore the default is unfair.

The strict and unchangeable rule for a debt to become stat barred,'' 6 clear years with NO payment or WRITTEN Unequivocal acknoledgement of the debt''

Confirm this and I will draft a letter for you.

Also SB does not always mean the default entry is removed, a default entry remains even if the debt is SB until the 6 years expires.