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6 Payments late..since 2008!

Ok both me and my partner ahve had LBM, he is waiting for his stat credit reports from equifax and experian and i have recieved both today...i checked my experian about a year ago and it was fine, fine again today. I have only about 3.5k of unsecured debt and can manage this quite easily but I was surprised to see an account in arrears on my equifax report...an old loan i was a guranteeror on in 2008 (stupid and young, for an ex bf) the last payment was made in 2008 june and since then its showing as this..
JFMAMJJASOND2012i_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gif 2011i_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gif2010i_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gif2009i_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gifi_6late.gif2008 i_4late.gifi_5late.gifi_6late.gifi_6late.gifi_6late.gif
now the current balance is showing as 450 for an outstanding amount of 270 and I can easily clear this in two payments (1 if the car wasnt getting mot'd next month!) and understand that i will have to live with this adversity however if its not been paid shouldnt it have hit default by now? what if i pay it off now, will it show as settled 2012? could I use this a negogiation tool?
I would MUCH rather it was defaulted in 2008 so it drops off in 2 years rather than show as settled now and hang around till 2018!!!

any advice? also i have no idea how to go about this..do I contact HFC (i think at the time it was with beneficial finance)

Comments

  • any ideas?
    having done some research i am tempted to call, say I will pay £200 as a ful and final if they mark the account as defaulted in 2008.
    Has anyone had anything like this happen before? i dont want them to keep marking it as late late late as it appears its going to just go on forever?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Very very naught for them to leave it at a status 6 like that.

    Read these links.

    https://forums.moneysavingexpert.com/discussion/4070713

    https://forums.moneysavingexpert.com/discussion/3172602

    "A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default"


    CL Finance doing a similar thing to someone else in this link.

    https://forums.moneysavingexpert.com/discussion/3840153

    As you can see from the end of those threads, they got the account remove from their file.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • A bit confused on what to do.
    its not actually defaulted yet.
    should i write to them and offer £270 full and final, and then ask that the default is entered in December 2009 or should I ask thm to mark as settled Aug 2012 and then closed? dont know what would be better for my file?
    If anyone has any links or letter templates that would be great! :money:
  • A bit confused on what to do.
    its not actually defaulted yet.
    should i write to them and offer £270 full and final, and then ask that the default is entered in December 2009 or should I ask thm to mark as settled Aug 2012 and then closed? dont know what would be better for my file?
    If anyone has any links or letter templates that would be great! :money:

    could someone take a look and let me know if htis is ok? i have never written something like this before!


    HFC

    HFC Bank Ltd

    PO Box 15033

    Birmingham

    B2 2ND



    DearSirs



    RE:Balance Outstanding on Beneficial Finance Account. Account no. Unknown

    -PreviousAddress XXXXXXXXXXXX

    -PreviousAddress XXXXXXXX



    Iwould like to settle the above account that currently shows on my Experian andEquifax file as more than 6 payments late, last payment being made in December2008 and currently balance showing at £450.00.



    The delinquentbalance is showing at £270.



    I would like to settle this account butwould request that the payment history is updated to an accurate reflection ofthe payment history. Recording this account continuasly 6 pyaments late is anabuse of the system, and a breach of the DPA on grounds of data accuracy andICO guidelines.



    Please can you send me all statementsrelating to this account, and an updated settlement figure. Please also confirm if this debt has beenpassed onto a third party, and their contact details accordingly.



    Thankyou in anticipation.
  • Right, got an answer back from HFC. they are asking me to SIGN the letter i sent in to them (as i didnt sign it) and they are asking for a copy of the credit file?
    Should I send a signed letter? I thought this was a sneaky way for them to scan it onto a credit agreement?
  • mildredalien
    mildredalien Posts: 1,057 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    Yeah I've often read that you shouldn't send anything signed... maybe ask for them to provide a copy of the credit agreement first, as they should be able to do this. If they can't that's a little fishy.

    You should definitely call them out that they didn't default you after the 6 missed payments, perhaps contact the financial ombudsman to help?
    Savings target: £25000/£25000
    :beer: :T


  • They have written back again asking for a signature and it has to be notarised!!!!

    I have also sent a ltter to CAp 1 for my partner and they have replied saying they want a signature! I thought that you didnt have to send a signature???
  • I have also inclded a scan of the experian file with the late payments on the request letter. I dont know what they are playing at really! I suppose they dont have a credit agreement and are trying to find a way around this??!
    what would happen if they dont have a credit agreement and they are still marking my experian file this way?!
  • Anyone? I really dont think its right I have to send a signature. I suppose tomorrow I will ring them and see what they say.
  • can anyone advise what my next steps are? formmaly send CCA requests?
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