@experianexperts Lex Autolease - business leasing - Help with a Default

[webwonder]

I have just checked my credit file after a rejection for one of my business bank accounts. It is showing a default on the account.

 

The default was for some car finance a few years ago from Lex Autolease, although i did miss a few payments towards the end of the lease, the Lease finished in April 2011 

 

i withheld paying them as there was a dispute in the final fee which they adding additional costs onto. The default went onto my file in March 2012 11 months after the lease had finished.

 

I had another dispute with them as well when they took the car back 2 days before it went to auction i managed to halt the auction as they had not returned my personalised plate worth £3500!! i eventually got that back.

 

As soon as they agreed to take off the additional costs they applied to the account i paid it all off and as such the debt was satisfied.

 

Unfortunately i no longer have any paperwork from them as i assumed it was all old stuff.

 

Would i have any chance of disputing this default as it is causing me major problems on an otherwise clean credit file.

[BRIGADIER2JCS]

You would need to make a Subject Access Request under the Data Protection Act 1998, this should be sent to thr Data Controller at Lex, this will provide all the data they hold on the account, it seems to me there must have been an unpaid balance after you though you had paid it off.

 

There must be a default sum showing on the CRA entry, how much is it.

 

For the SAR there is a template in the CAG library, there is £10 Statutory Fee tthe company has 40 days to comply.

[webwonder]

Thank you for your reply, i have requested documents from Lex and will let you know if i receive a response.

[BRIGADIER2JCS]

Thank you for your reply, i have requested documents from Lex and will let you know if i receive a response.

Good luck.

[webwonder]

I have sent two letters now requesting the information and they have not replied to either, 40 days are now up!! What is the next step?

I sent both letters recorded delivery and they were both signed for.

[BRIGADIER2JCS]

Did you the make the SAR and send the £10 fee? The Forty days is from when they received the request, was it sent by recorded delivery?

[webwonder]

I used a slightly different template from another site and only sent £1 postal order which is apparently the statutory fee for paperwork?

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a full statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 9826 9365 1075 7068 2431

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

But was sent recorded delivery and signed for, does this mean i have to start again?

 

Regards

[BRIGADIER2JCS]

Stat fee for CCA request, to get agreement and a statement £1 1+2working days.

Stat fee for SAR to get all data held from the original creditor £10 40 calendar days.

 

The deed of assignment is for a court to order producrion if considered necessary, it is sensitive commercial property., you can ask for a copy of rhe assignment notice.

Anything other than an agreement and a statement you need to make the SAR.

 

This probably why you are being ignored.

[webwonder]

Appreciate your help, i have sent the SAR request now and will report back in 40 days or sooner.

[webwonder]

Stat fee for CCA request, to get agreement and a statement £1 1+2working days.

Stat fee for SAR to get all data held from the original creditor £10 40 calendar days.

 

The deed of assignment is for a court to order producrion if considered necessary, it is sensitive commercial property., you can ask for a copy of rhe assignment notice.

Anything other than an agreement and a statement you need to make the SAR.

 

This probably why you are being ignored.

 

Just received a reply back from BlackHorse finance.

 

I refer to your recent letter.

 

Having undertaken searches of our systems, unfortunately we have still not been able to locate an agreement for you with the information that you have provided.

 

With my SAR i sent my name, address and the reference that was on a previous letter i had from them, surely they should be able to track it from that, i am fairly sure they can look up a customer from name and address, their filing system cannot be that antiquated??

I will write back again and find some other references.

Do i have to give them 40 days again?

Seems like they are trying to flog me off, sent my original request and cheque back also.

[BRIGADIER2JCS]

Allow 14 days, to comply

[webwonder]

Thanks have sent letter back today with another reference number on from one of the direct debit references.

[webwonder]

Latest update, i sent my last letter on 23/11/2012 and received a reply by letter on 4/12/2012 acknowledging receipt of letter and request for SAR, they confirm the request will be processed, it is now 1 month later and have heard nothing else, should i chase this?

[BRIGADIER2JCS]

They have 40 calendar days to comply with a SAR, time starts the day the request is received.

[webwonder]

I have received the SAR back from the company, there are two 'NOTIFICATION OF INTENT TO ISSUE COUNTY COURT PROCEEDINGS' Letters dated 8/12/2011 and 21/10/2011

There are no other Default notices or other metions of a default apart from one internal document called a customer status report that states a default with default date being 8/08/2011.

 

The date of the default on my credit file is 31/07/2011 which is before any mention of court and even a week before when Lex Autolease recorded on there system the date of a default.

Does this mean they have not issued me with a default notice as there is nothing else in the SAR relating to any official request for monies?

 

Credit File info below:

 

Default Date: 31/07/2011 Default Balance: £22,006 Satisfaction Date: 29/02/2012

 

 

Outstanding amount on their internal paperwork is £3553.44 but on my credit file it says £22,006

 

Any help would be greatly appreciated.

[BRIGADIER2JCS]

Hi webwonder, looking in as requested.

 

Confusing isn't it.

 

My guess is that the confusion is because of the ''late'' ''satisfaction'' of the debt when you paid it off after recovering the number plate.

 

Looking through this in logical proccess the following seems to be the picture please correct me if I am wrong.

 

1. You with held the fianal payment of the lease due to unreasonable charges.

2. The car was repoed. you recovered the number plate and repaid the outstanding balance in full?

3.Therefore at some point a default was placed because of the with held payment?

4. The DN is the problem, that may be explained by the fact DNs are not routinely kept as hard copy, an entry is made on the customers record on xx xx xxxx which is all they need to do.

5. We then come to the point of the validity of the default, as I see it yes a default was appropriate after the final payment was with held, BUT it can be seen to be unfair to place the deafult some 11 months after the cause of actiom, and even more unfair as the balance had already been repaid.

6. I suggest that a formal complaint is sent to the Data Controller at the lease company, setting out these reasons for the default being unfair and unreasonable because (a) it was placed late (b) the balance had been paid.© the account was in dispute because of unfair charges.

7. The ICO has said that defaults should be placed timely, usually within 6 months of the cause of action.

 

That would be the submission I would make if challenging this in court.

Hope it helps.

 

Brig.

[webwonder]

Appreciate your help Brig, will get back to them, just one point can i request a copy of their proof of default notice, i assumed it was an integral part of the process to have the default notice and if i did not receive one then it cannot be a valid default?

[BRIGADIER2JCS]

The problem is that DNs are not routinely archived as hard copy, the creditor makes a note on the debtors file record that a DN was sent on a particular date, they only need to state this and or produce a ''screen print'' of the note.