Default notice question

[nemesis45]

Re: Default notice question

Nem,

I would be ever so grateful if you could draft a letter for me plasee.

Kindest regards,


Monica

Ok will do.

nem

[nemesis45]

Re: Default notice question

Nem,

I would be ever so grateful if you could draft a letter for me plasee.

Kindest regards,

Monica

Working on the reply now Monica.

nem

[nemesis45]

Re: Default notice question

Private and Confidential
For The Attention Of:-
Mr Chris Sutton
Managing Director
Black Horse Finance


date:

Ref: Account No, ..........................................:
Now Assigned To Hillesden Securities T/ A DLC

Formal Complaint:
Maladministration Defaulted Account Data.

Dear Mr Sutton,

I refer to the above mentioned account which has now been assigned to Hillesden Securities Ltd on date................................ I am sure you will be able to access the relevant information regarding the conduct of this account.

I will therefore keep this as straight forward as possible on date.................... I was unable to meet the required payment for this account and was making reduced payments from.................... until date................:

I was surprised to receive a Default Notice from Hillesden dated ,,,,,,,,,,,,,,,,,,,,,,,,, Black Horse having failed to default the account appropriately when the contractually required payments ceased on date.

Consequently the failure of BH to properly default this account has allowed the debt purchaser to be able to register a default as and when consider suitable and giving an extended period for this account to be reported to credit files which I consider is manifestly unfair.

It is my opinion that BH should back date the default to the date contractually required payments ceased in line with what may be considered normal procedure.

I am aware that a formal complaint allows 56 days for investigation and response but I would ask you to expedite your response.
I reserve the right to refer this matter to the Information Commissioners Office and or any other regulatory body I consider appropriate.

Ok Monica Use signed for post and check delivery.

nem

[monica32]

Re: Default notice question

Thank you so much nem. Your help is much much appreaciated.

[nemesis45]

Re: Default notice question

Thank you so much nem. Your help is much much appreaciated.

Happy to help Monica, please up date us on progress.

nem

[monica32]

Re: Default notice question

Hello all,

Since complaining to BHL about default notice DLC have not contacted me until today when letter arrived:

' We feel that we need to explain how arreas on your account occurred that lead to issuing a default notice. Areas we hold differ from that one on DN issued to you by original creditor BHL. Your original contractual instalments amount for loan ref no ... was £222.24 per month. At some point you reduced these payments with BHL to £150.
We belive that it was only fair to give you the option to continue maintaining the payments at this lower rate. When we acquired this account from BHL we made business decision to accept this lower rate. BHL also advised that the account was at least 4 months in areas. We made a further business decision to set the arreas at this point to 4x£150. This again we believed to be the fairest outcome for you.
We have enclosed a print out showing how the arreas have accured on the account and how ww calculated the arreas balance on DN sent you.'

Attached to the letter is a print out of transactions since 17/07/2014. Where dlc is taking off payments of £151 and adding 150 to it.
I dont undetstand it at all. Can anyone advise please.

[nemesis45]

Re: Default notice question

Hello all,

Since complaining to BHL about default notice DLC have not contacted me until today when letter arrived:

' We feel that we need to explain how arreas on your account occurred that lead to issuing a default notice. Areas we hold differ from that one on DN issued to you by original creditor BHL. Your original contractual instalments amount for loan ref no ... was £222.24 per month. At some point you reduced these payments with BHL to £150.
We belive that it was only fair to give you the option to continue maintaining the payments at this lower rate. When we acquired this account from BHL we made business decision to accept this lower rate. BHL also advised that the account was at least 4 months in areas. We made a further business decision to set the arreas at this point to 4x£150. This again we believed to be the fairest outcome for you.
We have enclosed a print out showing how the arreas have accured on the account and how ww calculated the arreas balance on DN sent you.'

Attached to the letter is a print out of transactions since 17/07/2014. Where dlc is taking off payments of £151 and adding 150 to it.
I dont undetstand it at all. Can anyone advise please.

Hello Monica

Hilleseden appear to have taken the view that the have bought a " live account" and have continued or have offered to continue it at same level as BHL then defaulting the account when those 4 payments were not made.

It is still my personal opinion that BHL should back date the default to one month after the 1st missed payment.

I guess it's now down to writing to BHL and putting the case to them.

nem

[monica32]

Re: Default notice question

Nem,

I have already submit formal complaint to BHL still waiting for their response. Shall I respond to Hilsdens letter or just ignore it? What if they decide to issue court procedengings based in DN they have issued?

Thank you,

Monica

[nemesis45]

Re: Default notice question

Nem,

I have already submit formal complaint to BHL still waiting for their response. Shall I respond to Hilsdens letter or just ignore it? What if they decide to issue court procedengings based in DN they have issued?

Thank you,

Monica

Ok I would write to Hillesden ( signed for post) and state you are in contact with BHL and should they should not commence any commence any collection or enforcement activity until your investigation is complete.

Be aware that this group of companies just love to deny receiving letters etc. so check delivery date and signature.

nem

[Noah]

Re: Default notice question

Hi
I would have been suggesting that under the guidelines from the ICO in place at the time the default should have been issued then.
At the time of purchase did Hillesden have a CCL that allowed them to run a live account

[monica32]

Re: Default notice question

I will write to them as suggested. Noah, what CCL stands for?

[Noah]

Re: Default notice question

CCL= Consumer Credit Licence

[monica32]

Re: Default notice question

Hello,

in attachment there is a print out of how have calculated areas on DN. Can anyone have a look at it please. It makes no sense.
I have also received acknowledgement from BH stating that they are looking into my complaint about not following up DN they issued.

Any help is greatly appreciated.

best regards,

Monica

[nemesis45]

Re: Default notice question

Hello,

in attachment there is a print out of how have calculated areas on DN. Can anyone have a look at it please. It makes no sense.
I have also received acknowledgement from BH stating that they are looking into my complaint about not following up DN they issued.

Any help is greatly appreciated.

best regards,

Monica

Sorry not a clue it's very confusing.

Just one comment/question is the monthly instalment £150?

nem

[monica32]

Re: Default notice question

Nem,

£150 was monthly instalment. I'm cluess to how they calculated it but it does not look right to me. Surely they can not add £150 each month.
Any advise on this please.

Best regards,

Monica