Legal stance on defaulted account/statute barred??

[clmchampion]

First time posting.

I want to thank this site and everyone on it!

 

Beginning of August I received a notice from CCBC that Lowells (via BWLegal)

were beginning court proceedings against me for ~£6500 (HFC Bank loan from mid 2007, defaulted 2008).

 

Lowell bought the debt in 2012 and re-defaulted it!

 

I had spoken to them shortly after explaining that I had tried to renegotiate my monthly repayments with HFC

but they outright refused and ignored all letters I sent their way

- loan was then defaulted June 2008.

 

Lowells apparently ignored all this and just sent bailiff threats and endless phonecalls demanding payment in full.

I ignored them.

 

So this notice of court proceedings...

obviously by August 2015 the debt was statute barred for over a year.

 

 

 

I browsed these forums and found everything I needed to issue a full defence through mcol (deny claim/claim is statute barred).

 

Sent my request to BWLegal for them to send copies of my of my credit agreement (never received).

 

SAR sent to HFC for all account details (received 51 days later :/).

 

Low and behold,

 

Lowells had no legs to stand on and today

 

I received a Notice of Discontinuance from BW .

 

All I need to do now is see if I can get the default removed from my credit file!

 

So again, big thanks to this site. Don't let them get you down!

 

-Craig

[dx100uk]

well done

 

now this default.

 

so Lowell changed the defaulted date

 

Dx

[dx100uk]

what about the HFC/Hamilton PPI?

[alisindebt]

Lowell's are an easy touch if you know what to do. I wrote of 10K of credit card debt from MBNAand and also successfully claimed back PPI on the card, about 800 pounds .

[citizenB]

You need to establish the date of default originally placed by the Original Creditor. From that point on, the Debt purchaser is only permitted to update it. So if the date the OC placed the default is further back than 6 years, it should be removed from your file.

[BarnOwl1]

First time posting.

I want to thank this site and everyone on it!

 

Beginning of August I received a notice from CCBC that Lowells (via BWLegal)

were beginning court proceedings against me for ~£6500 (HFC Bank loan from mid 2007, defaulted 2008).

 

Lowell bought the debt in 2012 and re-defaulted it!

 

 

I had spoken to them shortly after explaining that I had tried to renegotiate my monthly repayments with HFC

but they outright refused and ignored all letters I sent their way

- loan was then defaulted June 2008.

 

 

Lowells apparently ignored all this and just sent bailiff threats and endless phonecalls demanding payment in full.

I ignored them.

 

So this notice of court proceedings...

obviously by August 2015 the debt was statute barred for over a year.

 

 

I browsed these forums and found everything I needed to issue a full defence through mcol (deny claim/claim is statute barred).

 

 

Sent my request to BWLegal for them to send copies of my of my credit agreement (never received).

 

 

SAR sent to HFC for all account details (received 51 days later :/).

 

Low and behold,

 

 

Lowells had no legs to stand on and today

 

 

I received a Notice of Discontinuance from BW .

 

All I need to do now is see if I can get the default removed from my credit file!

 

So again, big thanks to this site. Don't let them get you down!

 

-Craig

Are you sure the " new" default is not just the date Lowell up dated credit files and not a new default at all?

[clmchampion]

It was when HFC finally responded to my SAR request that I was able to pinpoint exact dates, so here's the abridged version of events:

 

Loan agreement signed: 09/06/2007

Term: 60 months

Default date (From SAR): 31/08/2008 (not June... oops)

Sold to Lowell: 13/01/2012

Default date on credit file: 23/01/2012

Claim form (CCBC): 04/08/2015

 

The HFC/Hamilton PPI is something I've not really looked at... wanted to get this CCJ nipped in the bud first! PPI amount is £842.40 (481.95 before interest). I intend to browse these forums over the weekend to see how I go about claiming. Any advise here will be very much appreciated though

 

Thanks

[dx100uk]

look in the PPI forum

or simply type in HFC PPI in the search cag box of the red toolbar.

 

 

as for the default

copy from the sar proof of HFC defaulted date

send it to lowells

give them 14 days to remove the default & thus the account as the defaulted date is +6yrs now

or you'll seek compensation

[clmchampion]

look in the PPI forum

or simply type in HFC PPI in the search cag box of the red toolbar.

 

 

as for the default

copy from the sar proof of HFC defaulted date

send it to lowells

give them 14 days to remove the default & thus the account as the defaulted date is +6yrs now

or you'll seek compensation

 

Thanks.

 

I'll do just that

[clmchampion]

Hi all,

 

Figured this was the right place to post this as I seem to be entering the purely "Legal" side of this situation.

I'll try to be brief:

 

Loan taken with HFC bank in 2007

Defaulted Oct 2008 - No payments made since.

Debt sold to Lowells in 2011 who look to have re-defaulted it.

Lowells try to take me to court August 2015.

Sent request to send copies of my credit agreement (never received).

SAR sent to HFC for all account details (received 51 days later).

Lowells fail to deliver any goods and send a Notice of Discontinuance in December 2015.

Default is still on Credit file.

I send letter to Lowells requesting they remove default January of this year.

Eventually (40 days later) receive reply from them stating they can't explain why the default was placed 3 years after my last payment to the account, but they have done nothing wrong and therefore won't do anything.

 

So, what do I do?

If needed, I can post a scan of the letter when I get home tomorrow.

 

I understood it is a general rule that defaults should be placed on an account within 6 months of the final payment.

 

Any guidance appreciated!

[renegadeimp]

If it was added correctly then it would stay until 6 years after the default, which it would then be removed.

 

If theyve changed the date or kept it there, then file a notice of correction with the credit agency and then file a complaint with lowell. If lowell have changed the date of actual default, then get a complaint in, get a notice of correction in, and inform the ICO. You could also consider legal action if they refuse to remove it.

[dx100uk]

old and new threads merged for history..

 

so did you action post 8 ?

 

 

as for the default

copy from the SAR proof of HFC defaulted date

send it to lowells

give them 14 days to remove the default & thus the account as the defaulted date is +6yrs now

or you'll seek compensation

 

was there proof in the sar that HFC did default the debt earlier?

dx

[clmchampion]

I did action post 8, yes. They sent me a letter on day 13 saying "we need more time to investigate"... I'll check all the details when I get home and while I'm at it I'll scan in all the relevant paperwork. Thanks

[clmchampion]

Morning, I've IMGUR'd scans of the SAR page that shows the default date & Lowell purchase date, as well as the letter from Lowells. The line at the bottom of the letter that says they've removed the default is not true. I've checked my report daily since I got the letter... it's still there.

 

Scans

[renegadeimp]

It can take 30 days for the cra to update their records. Wait until end of march and check

[clmchampion]

That's a glimmer of hope I wasn't expecting. Fingers crossed until then. Thank you.

[Andyorch]

Thread moved to the appropriate forum.