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I am considering the possibility of taking both HFC Bank and…

I am considering the possibility...
I am considering the possibility of taking both HFC Bank and NatWest to court over defaults applied to my credit rating, for slightly different reasons. Am I onto a loser before I start or would it be worth pusuing?
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7/1/2012
UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
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Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

On what basis are you claiming?

Do you accept you went into default?
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Customer reply replied 5 years ago
Hi,

Basis... good question. The situation was avoidable in both cases, and at no loss to the banks in question. The short story is this: I suffer from a mental health condition, which banjaxed my ability to work last year and meant that I had to try and find ways of dealing with my outstanding debts, two of which were an unsecured personal loan with NatWest and purchase credit from HFC.


I went to see CAB who set me up with a legal advisor. She wrote offer letters to my creditors with an offer of £1, because at the time my income was literally nothing (moved back in with parents, much weeping and gnashing of teeth, the whole shebang.)


The first problem arose when HFC declined the offer. Another letter was sent, no response, and eventually the debt defaulted and was handed over to a collection agent. I then arranged with the collection agent a repayment of £1 per month. So, net gain to HFC nothing, but default added to my credit history just for giggles. Lucky me.


The second issue came when one of my payments was late, by a week or so I think. To be honest I can't really remember because at the time I was considering the best way to shuffle off this mortal coil; NatWest's £1 did not enter my conciousness until I'd regained a bit of rationality.


Unfortunately it was too little too late as far as NatWest / RBS was concerned; off to the debt collectors we go and hello default number two. Again, I came to the same arrangement with the debt collector: £1.


The reason I'm asking this question is more born of desperation than any real hope. I really have tried to keep it together and yet these two have branded me as untouchable for the next six years anyway. I am now earning again, and dealing with those issues I have (spending a small fortune on treatment), but this problem - the systematic destruction of any real hope of getting back on track any time soon - is making things much, much harder.


Sorry, that was a bit of a rant.


Thanks anyway; confirm my suspicions and I'll pay the £11. Give me a glimmer of hope and I'll pay the £11 and send roses.


Phil
Thank you.

On the basis of what you have said - no you can not contest the defaults.

1) HFC - you accept that they declined the offer and as such if you defaulted, it is a true indication of the account

2) RBS - Yes again, if you accept it went to a debt collector it must have been in default and again true reflection of the account.

You can try to get it removed but I would lodge a complaint with the Financial Ombudsman.

But in reality - I do not think it will be found in your favour.

If the accounts were in arrears/defaulted - then it is a true reflection of what happened on the account.


Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
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I'm just following up with you to see how everything is going. Did my answer help?

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Customer reply replied 5 years ago
Yes and no; it confirmed my suspicions.
Ok
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