Halifax CC Debt and 1st Credit problems

[seasidegirl]

Hi,

 

back in 2009 I did a CCA request with Halifax and after them failing to supply me with the relevant documentation

I was passed on to various collection agencies who in turn failed and returned it back to Halifax for resolution.

 

1st Credit however have failed to pass the dispute back to Halifax and have now lodged a default on my Credit file,

surely they cannot do this, I

have informed them numerous times that Halifax have failed to respond to my requests.

How would I get this removed?

 

Thanks

[dx100uk]

if they ownthe debt sadly they can.

 

however

if its been more than 6yrs [opps] since your last in/out

 

then they are on dodgy ground

 

dx

[seasidegirl]

6 Months in/out ?

 

I have no idea what you mean, I

thought that if an account was in dispute then the debt could not be sold/passed on?

- it seems like the banks can do as they please while ignoring legislation.

 

What can I do to remove this or even change it to dispute on my file?

 

This has been going on for over 12 months with 1st Credit and I have had the original sum of £2000 reduced to an offer from them to pay £600 for full payment,

 

I have asked them to take court action but they have so far declined,

but now I really need this default notice removing,

last correspondence I received from them was October last year.

 

Thanks.

Edited January 31, 2013 by seasidegirl

[dx100uk]

opps i meant 6yrs

 

when was YOUR last financial transaction?

 

if they are offering a discount

 

there is something wrong with it

 

dx

 

 

dx

[seasidegirl]

Hi, last financial transaction was august 2009 and has been in dispute since october 2009,

 

the debt is unenforcable thats why they have made offers

 

- Halifax have failed to respond to my dispute yet 1st credit have said they now own the debt,

 

Halifax cannot sell the debt on while its in dispute

 

so therefore i am assuming that 1st credit have put the default on my credit file and they have no right at all.

 

Thanks.

[dx100uk]

ideally they should nt, but rarely abided by

 

if you are getting discount letters you need to find out the reason.

 

sar halifax

 

i suspect the OC defaulted it before the sale.

 

dx

[seasidegirl]

Only checked on noddle but the only default is with 1st credit,

so what you're saying is that the banks can do as they please?

 

There has to be someone I can take this up with,

 

the banks are making a mockery of the system and the system/rules are put there to protect the average joe just like me and you.

 

What would be your course of action to have this removed?

 

Thanks.

[dx100uk]

just because 1st credit now has their name against the default

it does not mean they put it there , i very much doubt it.

 

when a debt is purchased, where the OC had their name

it is substituted with the new owners.

 

dx

[fletch70]

What is the date of the default on your file.

 

Did you ever receive a Notice of assignment?

 

Did you tell 1st credit the account was in dispute and why?

Thing anyone can say it's in dispute but it may not be a value one.

Remember as well that it is UE only for as long as HBOS can not provide an agreement unless the agreement they provide is flawed.

[seasidegirl]

Yes It is in dispute, I provided all the information to 1st Credit regarding the dispute including times and dates and also that Halifax had failed to supply me with my agreement (all they sent was an application formthat was void of the prescribed terms), also reported them to trading standards for harrasment for pursuing the debt while in dispute.

I did receive a notice of assignment but told them to basically go away as the Halifax had failed to comply with my CCA request. I have a folder full of all the paperwork including an LBA I issued to a company of solicitors in leeds and they backed off and handed back to Halifax.

What would be my next step?

 

Thanks

[fletch70]

Erm not sure. Check the date of the default and if it is an old one then sit and wait it out. Each time They write just send a one liner back, i refer you to my letter dated xxxxxx where i told you it was in dispute. Make sure you include the line i do not acknowledge any debt.

Sit and wait it out what.

I assume this is pre April 2007

[seasidegirl]

Yes it is and I have told them more times than I can remember that I do not acknowledge a debt to them but I need it removing from my file.

 

Thanks.

[fletch70]

The default has an old date?

I do not think you can do much about it but it will fall off after 6 years.

What is the default date as shown on your file?

[seasidegirl]

Default date is 2008 - there has to be some kind of action I can take, they are not supposed to default you while in dispute.

[dx100uk]

you can try.

 

dx

[fletch70]

I suspect they will argue that while it may be unenforceable reporting to a credit reference agency is not enforcement. This is described in the McGuffick case by judge Flaux

 

Enforcement No Longer Includes:

Requesting or demanding payment

Sending you a default notice

Giving information relating to the account to any third

party, particularly credit reference agencies

Passing the account to a debt collection Agency or

assigning it to a Debt Purchaser.

[seasidegirl]

Surely third parties have no right to access data relating to myself, this is in breach of the data protection act? and if this is the case then the oc has no right to pass the debt on?

[babydoll0141917]

OC shoudnt be passing any data on if they know the account is in dispute..BUT they do !! Trying to get it off you CF will be a long slaught.I think the whole of CAG members have had the same ,,the more you let them know the more they will write to you ..IMO Id leave well alone..It will fall off your CF in 12 months or so ..im in the same situation with Halifax and 1st credit..

[fletch70]

Normally within the agreement there is something about transfer of rights. I do not think you cam hide behind the DPA on this one. If in doubt email the ICO and ask.