Is this Blackhorse Horse Default Valid?

bstoke1978

Hi,

I have an ongoing issue with Hillesden to remove a default on my account, I have instructed court action to remove.

The issue is that Hillesden is stating that a default notice never expires, Black Horse issued these default notices in 2003 and 2004 but they never attached them to my credit file. Hillesden purchased the debt in 2010 and used the 2003 default to default my account from 2010 for 6 years! So if someone could help as all that seems to govern the defaults is the ICO and these are guidelines.
The ICO recommended that I should state "fairness" in the court case due to the defaults would of expired if the guidelines were followed. So im a bit stuck and after advice! I have copies of the agreement and default but wont let me upload due to being a new user!


Cheers

aimingforadebtfreelife

The ICO is a waste of time. They take an average 3 months to look into something and even if you are right they will always side with the creditor stating they believe they have learnt from their lesson.

When was the last time you made a payment to this debt - was it over 6 years ago? As if greater than 6 years will be statute barred and uncollectable.

Debt collection companies cant issue defaults. If they purchase a debt they have to include the original default date from the previous company. However if this is over 6 years old they shouldnt include this. If not already sign up to the Experian credit service free trial, get your report, then phone up the phoneline and speak to their advisors. I have found then helpful in the past and they will write to Hillesden if they believe they are in the wrong.

ALIBOBSY

My understanding is that the default is the legal term when the contract is ended, therefore there can only be one date. Some dca's try to get around the fact that the default would have expired and therefore fallen off the credit file by changing the date to the date they bought it but how can an account termination date be changed.

Is this debt statute barred-they maybe using the above to try to get you to pay up even though they know they can't take you to court over it. I would bang complaints in to everyone possible. I would do a written complaint to the dca and say you want a response as you feel they are using unfair unlawful actions to pursue a debt even when they know it is statue barred and that is a clear breach of the OFT guidelines and would ask for a written response to why they will not amend the date back to its correct original date as you will be forwarding the compaint to the FOS and ICO. Although this may be pointless if you have already raised a court claim against them.

I would still raise a complaint with anyone you can-was the ico statement an official response to a complaint or just advice from them as to how to go forward, if not official i would want an official compalint raised with them and also the FOS/OFT/trading standards etc.

Think there is some info regarding this over on the CAg forum will have a look.

Ali x

Also as other poster raise an issue with the credit file peeps regarding the date.

ALIBOBSY

ok it would appear you hvae already posted on CAG and have been given the info regarding the defaults and what to put in you court claim, so not sure what further info you are looking for. or perhaps you posted on both at the same time lol.

good luck with the claim

ali x