Black Horse - Hillesden/DLC Default....this is a good one - need help!

bstoke1978

Let me give you a bit of background.....

I was a young lad (about 22) who purchased a car for £17k (I only have myself to blame) and around 1 yr later asked for the car to be repossed as I could no longer afford the repayments.

In 2004 the account was defaulted by Blackhorse.....I made payments upto Jan 2009 of circa £50 per month. I stopped payments after issuing a CCA as they had not responded within 60 days I stopped paying after 90 days of their default. The debt was sold to Hillesden in June 2010 and they have now put a default on my account as they have said the account was in default when they purchased it from Black Horse. So I have asked them for the last 6 months to provide me with a copy of my Hillesden default notice and they cant. They have told me that this is the default carried over from Black Horse some 6 years ago. They have now said to me that the default they have entered in 2010 will stay on my records for 6 years.

So my questions are

A) How could they issue a default in 2010 using the old black horse 2004 default notice (expired)
My account is not in default with Hillesden so why would they add this, they have said they dont have to issue me with a copy of a default notice as I was already in default with Black Horse (2004).
C) how can they now extend a 2004 expired defualt for another 6 years....? so in my eyes a 12 year default..?

Any help or advise would be great as I am on the verge to take them to the small claims court as I had to take out a loan in late 2010 and (my credit history is excellent) so would of got a rate of 8.9% but after reviewing my credit file and the new defualt listed by Hillesden I had to pay 20+% and over 9k in interest.

Thanks

Tixy

Did you receive a default notice in 2004? (if so have you still got it?)
Did the 2004 default appear on your credit file between 2004 and 2010? - if so have you got a copy of your credit file to show that it did appear?

You should be able to get the default removed as Hillsden can only use the same date as the original default entry on your credit file.

However I think you will be very unlikely to prove that you would have got a loan rate of 8.9% if that default hadn't been on your file. You still may not have got the best rate and proving that this alone caused you to be offer the rate you were is almost impossible. Even if you could they did not force you to take out an expensive loan and pay £9k of interest. If you were not happy with the APR offered you could have chosen not to take out the new loan.