First credit and incorrect default dates

[wirelady72]

Hi all,

i was wondering if any of you could help with some advice.

 

I cca'd halifax way back in 2008 and didnt hear anything from them.

 

The account was then passed on to several DCAs.

 

I sent them letters stating that the account was in dispute but the account still got passed on.

 

The most recent being !st credit although the last letter from them was 10 months ago.

 

I got a copy of my credit report recently and found that they were still putting things on there the most recent being 6th July.

 

Are they allowed to do thid whilst the account is in dispute,

and is there anything I can do about it,

cheers guys x

[BRIGADIER2JCS]

Yes the CRA files reflect the state currently of

the account and it's conduct.

 

You need to write to 1ST Credit and inform them that the account

has bee disputed with Halifax and has been around numerous

other debt collection agencies, none of whom were able

to prove the debt.

Use the template for ''the prove it'' letter in the CAG library and amend

to suit your case.

 

Remember to head the letter:

 

I Do NOT Acknowledge Any Debt To Your Company.

 

Also get proof of posting or send recorded.

[wirelady72]

Thanks for that,

just to mention when i remortgaged this default never came up and the mortgage went through ok so why has it come up now? If this is unenforceable can this default be removed? cheers again x

[BRIGADIER2JCS]

Unfortunately a debt can be unenforceable because there has been non

compliance with a CCA request, but the only restriction place on the creditor

is that they cannot enforce payment through court action, the debt still exists

and any other collection action can be taken bar litigation.

The default will I'm afraid stay in place for 6 years.

If you have not made a payment in a clear 6 year period or acknowledged the

debt in writing in that time it will be statute barred.

[wirelady72]

Hi all hope you can help with your brill advice!

 

I CCAd Wescot in january 2008 regarding a halifax credit card,

I recieved a reply from them stating that my request had been noted and the account was placed on hold.

 

In march 2008 i then received a letter from Iqor

 

i then sent them the bemused letter about the account being in dispute.

 

I then received a further letter from them in June 2008 saying that the account had been closed

and returned to their client and this was done promptly.

 

It went on to say that Iqor is no longer instructed to act on behalf of their client.

 

in Oct 2008 i received a letter from Wescot again enclosing my £1 postal order and confirming that my account remained closed on their systems.

 

In Dec 2008 I received a letter from Halifax saying that they had assigned the account to first credit.

 

Once again I sent 1st crudit the bemused letter and then received a-you have raised a dispute/query letter from them.

 

They responded in Feb 2009 saying the contents of my letter had been noted and to contact them ( i declined this invitation!).

 

I then received a lovely letter from LCS threatening a stat demand.

 

In March 2009 it was passed to connaughts and their letter stated that neither 1 crudit or halifax were aware of any dispute

and they would look forward to receiving details of my alleged dispute and the account would be put on hold.

 

I then get a letter from judge and priestly( once again I declined their invitation).

 

Then another letter from first crudit.

 

Touch wood I have heard nothing since.

 

I applied for a copy of my credit report only to find that 1st crudit had defaulted me in sep 2008.

 

I never received a default notice from the halifax and this account was opened in 2002.

 

Should i have received one from the halifax and why did 1st crud apply one in sep 9 months after my CCA request

Sorry its a long one peeps

cheers x

[wirelady72]

oh i forgot to add they did an update on my file in july

[BRIGADIER2JCS]

Had there been no default from Halifax?

Just for clarity 1st Credit , Connaught and LCS is 1st's

in house ''solicitors'' J & P a '''real solicitors'' use to prepare

court papers to pass back to LCS to carry through.

Do you know when the last payment or acknowledgement

in writing was made on this debt?

[wirelady72]

Hi there

The last payment was august/sep 2006

cheers x

[BRIGADIER2JCS]

Hi there

The last payment was august/sep 2006

cheers x

So about a year to go to be stat barred.

[wirelady72]

yeah but on my cred report it gives the default date as sep 2008,

thats prob when it was sold on but still no CCA.

 

If i didnt receive a default notice can they still mess with my cred report.

[BRIGADIER2JCS]

Ist credit registered the default just after buying the debt, as it

had not been defaulted before, there can only be one default on any debt,

and they will go on reporting to the CRA's.

[BRIGADIER2JCS]

I'm confused now did 1st credit send a DN?

[wirelady72]

no they didnt, thats why im confused lol,

 

i have saved all correspondence and there is nothing.

 

in dec 2008 i got the letter of assignment from the halifax but no notice.

 

How can 1st crud default this when in sep 2008 the account was with wescot and I first CCAd halifax in Jan 2008

[BRIGADIER2JCS]

I suspect that Westcott were assigned to collect only and

did not buy the debt, 1ST are the new owners of the debt now

and as Halifax did not default it??, then 1ST can do so.

The letter you received is a notice of assignment IMHO.

[wirelady72]

Hi thanks again,

do you know why wescott returned my uncashed PO fro my CCA fee? Also why did I not receive any DN from anyone

cheers x

[BRIGADIER2JCS]

Hi thanks again,

do you know why wescott returned my uncashed PO fro my CCA fee? Also why did I not receive any DN from anyone

cheers x

 

Westcott only being assigned to collect can't be bothered to obtain thr

CCA from the original creditor.

Have you checked your credit file again lately, to check the date of the default,

I suspect it will be just after Cabot bought the debt, so IMHO Cabot

should have snt the DN.

[wirelady72]

hi,

the date of the default is sep 2009, 3 months before 1st crud were assigned to it,

although it does say their name next to that date.

 

I rang the CRA to tell them about having no default notice and that the default was entered 9 months after I CCAd wescott.

 

They seemed to think something fishy was going on and suggested i contact 1st crudit,

should i do this or go straight to the FOS, cheers x

[BRIGADIER2JCS]

You have to exhaust all remedies in the normal fashion

before FOS will take note,so complaint to 1st Crud, addressed to the

Compliance Manager.

[wirelady72]

thanks once again, will do

x

[wirelady72]

Hi there!

I know I can count on you all for the best advice.

 

I have recently received my credit report and noticed that 1st crud have placed a default on my file late in 2008.

 

This was a CC account with the Halifax that was disputed in Jan 2008 when they never complied to my CCA request.

 

This account was sent around and around the usual DCAs to which I sent them the account in dispute letter,

to which I received the replies of we have removed you from our system and your account will be passed back to our client.

 

I received a NOA from 1st crud to say they had taken over the account, but to my astonishment this was in Dec 2008

which was 3 months after they put the default on my credit report!

 

I never ever received a default notice and im quite concerned that they can do this and just what to do now!

Please help

[BRIGADIER2JCS]

My take on this is Halifax defaulted by Halifax and 1st credit have updated when they aquired the account, so seems OK as to no DN these are not routinely stored as hard copy but a note is made on the customers file that a DN was sent on a particular date.

 

You will have to make a SAR to Halifax to get all the data on the account so you will be able to see what has occurred.

[wirelady72]

Thank you,

Will draft up a letter to OC. If it turns out I never received a DN, which I didnt, would that be another step to take?

Thanks

[BRIGADIER2JCS]

There is a template for a SAR in the CAG library for this, there is a £10 statutory fee to pay, and they have 40 days to comply.

[wirelady72]

Hi all,

 

I've been pursuing an incorrect default date with this company to no avail, so I decided to contact the OC myself.

 

I explained everything that had happened regarding this account and they have confirmed that 1st credit have got the date of default wrong

and have been updating my file by an extra 2 years!!

 

The OC have now asked for the default to be removed and apologised to me!

 

So my advice is to pursue these things and if in doubt go to the OC and get it checked!!

 

Thanks to all who have been there and advised me

[dx100uk]

4 threads on same issue merged

 

please keep to one thread

 

dx