Thankyou Basa48, sorry to be sharp, just stressed with it all, Michelle

Shell18:Basa48 - the reason I didn't mention that we got a default notice was because we have never received one EVER!!! Basa, You really do have to be so naive to believe that debt collectors, especially Hillesden Creditors Limited(one of the worse as I have read on these forums) play by the rules. My husband returned the car early and ended the agreement or so he was made aware by welcome finance, the first creditors. Thankyou again for the links Conmankiller - very useful, Michelle

Not naivety Michelle, but it wasn't clear whether or not you had received a DN. If you had changed address for instance.

Clearly in this case Hillsden appear to have acted illegally and you should advise them of that in the strongest possible terms. You could contact the first creditor to confirm in writing the debt was discharged and send this to Hillsden to demand removal of the marker.

CMKs links will give you the procedures to use. Or look at this method:

http://www.learnmoney.co.uk/credit-file/remove_default_notice.html

Thankyou for all your useful information Conmankiller, I do appreciate it. Basa48 - the reason I didn't mention that we got a default notice was because we have never received one EVER!!! Basa, You really do have to be so naive to believe that debt collectors, especially Hillesden Creditors Limited(one of the worse as I have read on these forums) play by the rules. My husband returned the car early and ended the agreement or so he was made aware by welcome finance, the first creditors. Thankyou again for the links Conmankiller - very useful, Michelle

Rules are only any use basa; if the organisations who are meant to enforce them do so with any level of tenacity or determination of fair play.

The toothless ICO and often unapproachable (by a single complainant) OFT, whom are supposed to ensure that creditors adhere to these regulations, often prefer to ignore or simply fail to take the appropriate action against offending creditors.... as you have already found out with respect.... to your dismay, when you have tried to have illicit defaults removed from your personal credit references.

The other approach is to take personal legal action against offending creditors, this is not always within the powers or the capabilities of Mr Average joe public, either in respects of procedural know how... or financial possibilities, that is how they get away with flouting the law.

conmankiller:basa - They may well have been aware, the OP has neither indicated nor clarified. A Default notice is simply a record placed on your file by creditors stating that you have been in default in some way. Such notices may have been placed without your knowledge and despite a subsequent remedy to the default. Under the terms of your credit agreement you will probably have agreed that the lender has the right to inform the credit agencies of any default.

CCA s87/88 specifies the need for a DN to be delivered to the debtor and the remedies required. Obviously if the DN was ignored or mis-delivered this would be a reason, but as you say the OP hasn't said either way.

basa - They may well have been aware, the OP has neither indicated nor clarified. A Default notice is simply a record placed on your file by creditors stating that you have been in default in some way. Such notices may have been placed without your knowledge and despite a subsequent remedy to the default. Under the terms of your credit agreement you will probably have agreed that the lender has the right to inform the credit agencies of any default. .

http://www.insolvencyhelpline.co.uk/legal_issues_explained/default_notice.php

http://www.insolvencyhelpline.co.uk/default-notices/how-to-remove-default-notices.php

I still think the debtors should have been aware of the default by way of a default notice. This gives a short time to rectify the default.

There are also rules associated with any assignment the primary one being that the deed would have to be produced in disclosure prior to litigation.

Sorry basa - but who says they didn't issue a letter of intent...and how many creditors just ignore that guidance anyway.?

They often place these defaults with vindictive intent as a means of getting back at debtors, or to use as a intimidatory lever.!

This link on CREDIT REPAIR could be useful to you Michelle.

http://www.insolvencyhelpline.co.uk/credit-repair/index.php

Don't creditors have to issue a letter of intent prior to issuing a default?

And shouldn't the debtor have a finite time to rectify (i.e. pay arrears) a default?

In any case the new owners of the debt or the OC should advise the debtor the debt has been assigned. In fact it may also be that a default should be issued (by the OC) prior to any assignment of debt?

Thanks for the reply, the creditors are Hillesden Securities Limited. The car was bought in 2001, also took back early 2002. The default is marked as January 2005. So to clarify, I would have to contact Hillesden to get it off his credit report. It is so complicated, any suggestions to what I might write???

If they have placed the default within the Six year period before the debt became statute barred, then you cannot remove the default without the creditors written approval. Otherwise it will expire naturally on it's Sixth anniversary.!

Had they placed the default after the Six year period once the debt had reached statute barred... that would have been deemed unfair and unlawful, in which case you could have applied for it's removal without needing the creditors consent.

Hello, I wonder if anyone can help. My husband has checked his credit report and a car which he purchased from welcome car finance back in 2001 has come up as default( even though its statute barred). However the creditor is Hilesden Securities Limited on his credit report and they have defaulted it in 2005 not 2001. How do we get this off his credit report. We had to get a very high interest mortgage due to this. We have no other debt problems and apart from this disaster his credit report is great but still refused credit when we need to change our mortgage to a better rate. Any suggestions on how to get this removed would be greatly appreciated. Thankyou, Michelle