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Default Removal Can it be done???

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Hi all,

Just needing some advice on what to do regarding the following....

A few years back i had a hfc loan which was in dispute due to charges and mis-sold ppi. They defaulted me and sent me to a dca, i told them the debt was in dispute and they just kept passing me on to dca after dca.

Eventually i thought i had came to an agreement with hfc that as the amount owed by myself was slightly less that what i was claiming back the account would be paid off and closed.

18 months later i get a letter from 1st credit, another dca, telling me that i still owed the money. One phone call to the lady i was last in contact with at hfc (who had now been promoted to head of department lol) and one week later i had a cheque for nearly double what i was claiming for.

So i call 1st credit to pay the money owed and they tell me that it was x amount for a full and final settlement, it was around the same amount that i owed hfc so i said ok and it was paid.

Roll on about 6 months ago when i looked at my credit file and i have a default from hfc AND a default from 1st credit who also say i still owe them £309!!! When i looked at what my last balance from hfc was i had actually paid 1st credit the full amount i owed hfc and this £309 must have been added on by them. I called 1st credit and they were very unhelpful just saying that they wont try to collect the £309 but it will stay on my file. I kind of left it at that as i had a lot to do at the time with getting married etc.

I intend to get reports from the 3 main agencies this Friday with the intention of trying to get these defaults removed. I have been told that hfc should not have sent me to a dca as the account was in dispute at the time and therefore the default from 1st credit should not really have been put on my file. Also in reverse i could ask hfc in an act of goodwill to remove their default on my file for sending me to several dca's.

Sorry for being long winded about this, any advice would be appreciated
"Sealed Pot Challenge 5" # 1804

Total debt £3726.93 as of 17th April 2012 (£2124.97)
OD - £1356.93 (1105.79) CC1 - £350 CC2 - £670 (£180.10)
Loan from my father - £1000 (£0)
Store card - £350 (£489.08)

Comments

  • Andympgs
    Andympgs Posts: 46 Forumite
    Sorry if this is a little late. however the advice i jhave always been given on this site is tonever get into telephone conversation if someone is alleging debt against you.
    firstly tell them "hold on a second whildst i get my recorder" wait a few seconds then remind them as they will you that they are now being recorded.. this generally reminds them not to try bully tactics/ scare tactics on you.. after they then say what they have to say your next line in response is just " i do not consent to this dialogue" if you would like to contact me regarding yopur request please write to me.AND ON THAT PUT THE DAMN PHONE DOWN.
    i have bee battling with 3 companys over the past 3/4 months
    WESCOT CREDIT SERVICES... on behalf of Npower.
    also Fredrickson international ltd and they could not get anything on me so sold the debt to BANNER JONES SOLICITORS, we also have pending a parking ticket from morrisons, which euro car parks, are now trying to have us pay £60 for my missus not being within the parking bay lines. i have been building up much experience with this lot on my case and i watch out on this site every nigt just to makesure i'm current and up to date on the latest knowledge of debtors.
    there are hundreds of templates on here relating to creditors, harassment phone calls,etc the list goes on.. i have found them extremely useful, and like i say still had nothing but letters through the door with big scary word of door collectors coming and paying me visits.
    as long as you know your rights i can't say as you could go wrong.
    got one through today from WESCOT CRDIT SERVICES, and they have not even acknowledged my previous 2 letters, nor administrative £1 cheque for proof of agreement or contract to npower. they are getting up my nose.
    so away goes another recorded delivered letter this morning to them.. i must admit i'm not entirely sure what happens when they enter into default as my 2 debts have this month, and i think the approach to them now changes?
    i could do with some advice myself on that.
    Qustodian £10 Nectar points £18.38 Topcashback £44.09 Quidco £12.05Shopscansave £4.10Postcode lottery £0.00Field Agent £0.00Get Jam £0.00Inbox Pounds £0.00Grassroots Mystery £0.00Mortgage £123.890.46ISA £11.32Complaints Letters £82Total Saved £181.84Total owed £124.704

  • king100
    king100 Posts: 1,565 Forumite
    Please note sction 13.6 of the banking code

    13.6 We may give information to credit reference agencies
    about the personal debts you owe us if:
    • you have fallen behind with your payments;
    the amount owed is not being disputed; and
    • you have not made proposals we are satisfied with
    for repaying your debt, following our formal demand

    As amount owed in dispute they should never update your credit file. GL in sorting it out they dont like it and will deny deny deny.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • flopper7uk
    flopper7uk Posts: 24 Forumite
    Thanks king,

    i will state that in my letter, does this mean i can then try hitting them with breaking the data protection act by passing on my details to the dca's????
    "Sealed Pot Challenge 5" # 1804

    Total debt £3726.93 as of 17th April 2012 (£2124.97)
    OD - £1356.93 (1105.79) CC1 - £350 CC2 - £670 (£180.10)
    Loan from my father - £1000 (£0)
    Store card - £350 (£489.08)
  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
    Andympgs wrote: »
    Sorry if this is a little late. however the advice i jhave always been given on this site is tonever get into telephone conversation if someone is alleging debt against you.
    firstly tell them "hold on a second whildst i get my recorder" wait a few seconds then remind them as they will you that they are now being recorded.. this generally reminds them not to try bully tactics/ scare tactics on you.. after they then say what they have to say your next line in response is just " i do not consent to this dialogue" if you would like to contact me regarding yopur request please write to me.AND ON THAT PUT THE DAMN PHONE DOWN.
    i have bee battling with 3 companys over the past 3/4 months
    WESCOT CREDIT SERVICES... on behalf of Npower.
    also Fredrickson international ltd and they could not get anything on me so sold the debt to BANNER JONES SOLICITORS, we also have pending a parking ticket from morrisons, which euro car parks, are now trying to have us pay £60 for my missus not being within the parking bay lines. i have been building up much experience with this lot on my case and i watch out on this site every nigt just to makesure i'm current and up to date on the latest knowledge of debtors.
    there are hundreds of templates on here relating to creditors, harassment phone calls,etc the list goes on.. i have found them extremely useful, and like i say still had nothing but letters through the door with big scary word of door collectors coming and paying me visits.
    as long as you know your rights i can't say as you could go wrong.
    got one through today from WESCOT CRDIT SERVICES, and they have not even acknowledged my previous 2 letters, nor administrative £1 cheque for proof of agreement or contract to npower. they are getting up my nose.
    so away goes another recorded delivered letter this morning to them.. i must admit i'm not entirely sure what happens when they enter into default as my 2 debts have this month, and i think the approach to them now changes?
    i could do with some advice myself on that.

    Did you move into a property already supplied by npower? If so its whats called a deemed contract. CCA's dont apply to utillitys
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