Robinson Way/ Tesco Loan I think!!

[Janeh68]

Hi.

Im looking for some advice about a debt that Robinson Way DCA have contacted me about.
They say it is for a loan with a balance of £9,118. They say their clients are Hoist Portfolio Holding 2 LTd. I’ve checked my Equifax report and there is an entry in the name of Hoist Portfolio Default balance £9,118, current balance £9,628, default date 03/02/2014.
I’ve never had a loan with someone called Hoist Portfolio or for the amount of £9,118. The last loan I had was with Tesco but it was for £6,000. I did default on this due to long term unemployment however when I looked for it on my equifax report for it there is nothing there at all.
I did have another loan from Tesco prior to this one which was repaid in full and this appears on my equifax report the date Satisfied is 23/05/2012.
I sent Robinson Way the standard “prove it” letter and £1 postal order asking for true copy of credit agreement. A few days later they returned my £1 sayin
“the account is now closed on n our files”
If this is the case should they have updated the equifax entry to closed/zero or remove it altogether?
I’m a bit bemused by all of this. Any thoughts?

[MIKE770]

Hoist have bought the alledged debt so Tesco who was the originator of the loan have sold it to a debt buyer, you should of received a hello we sold debt to xxxxx and a letter from the buyer stating they now own the debt???


the alledged debt stay on your file 6 years Eng/Wales or 5 years d, showing default and the new owners name, so more info needed here pls for peeps to guide you!

[Janeh68]

Hi Mike,

Thank you for your reply.

Ill try and give as much info as I can.

I haven't seen a hello we sold the debt to xxxxx but I may well have missed it as I had a lot of difficult personal problems happening at the time. I am now wading through a heap of paperwork to try and get my debts in order together with looking at my Equifax report. It is my equifax report dated 01/06/2018 that has the entry from Hoist Portfolio. I searched this name online and discovered that Robinson Way acted for them. It was the information on this entry that prompted my letter to Robinson Way which is as follows:

Loan from Hoist Portfolio Holding 2 Limited (I)xxxxlast four digits of their account

Monthly Terms: 0 @£0 Status: Defaulted
Payment frequency: Monthly Current Balance: £9,628
Start Balance: £0 Credit Limit: £0
Default Balance: £9,118 Start Date: 17/12/2012
Date Updated: 10/09/2017 Date Last Delinquent: Blank
Date Satisfied: Blank Default Date: 03/02/2014

So can I assume that the information I have with regards the owner is what appears on my Equifax report this month (June 2018) even though it looks like Hoist/Robinson Way havent updated it since September 2017. Does this mean that they could've closed their file in September 2017? If so should I have had a letter from Robinson Way informing me of this? If someone else has purchased the debt should I have had a letter informing me of this? I cant see any other entry that relates to this amount on my credit report.

[MIKE770]

Amethyst

[Janeh68]

Good Morning.

I have just just been trying to find out a bit more about Hoist Portfolio and something I read on here made me check them out on the FCA register. Their status is showing as cancelled. Does this have a bearing on their ability to recover/enforce the debt?

[Amethyst]

Hoist are authorised under the parent company https://register.fca.org.uk/ShPo_Fir...000001Hhl59AAB - there are arguments however a case was recently lost in court challenging Cabot's similar situation authorisation issue which is under appeal, so a case of wait and see.

This one sounds like they have closed it off - they may pass it on to a new DCA and you go round the houses again with a further CCA request but likely they will not be able to comply either - and it will fall off your credit file in 2020 ( 6 years after default ) ( even if Hoist were unauthorised the original default was applied by Tesco, and is accurate ( assuming the original loan wasn't ID fraud or anything ) then it would still stay on the file until 2020 )

[Janeh68]

Thank you Amethyst.

If if they have closed it off because they can’t supply a CCA do they have to update credit report. ie if they can enforce then surely they can’t have a a negative/derogatory credit file entry.
Is it worth sending a SAR to see what they’ve actually done with debt post closing their file?
j

[Amethyst]

If it was found to be incorrect / inaccurate reporting it could be removed but that's not an easy action - see Brian Grace v Blackhorse and Richard Durkin v DSG retail ( pc world )

Unless you talked them into removing it out of the goodness of their hearts any court action is likely to take up the two years it's left on the file for, and of course pushing them could result in the documents being located and the debt being claimed. Also its not the only thing on your credit file ( guessing from Reading your other threads) so it's removal is actually unlikely to make a huge difference.

If of course you dispute the debt ever existed or was yours then that's another matter

I reckon a SAR to Tesco bank asking for everything they have about you will show what the full situation with it was up to the point it was sold to Hoist and then you can assess things.

[Janeh68]

Thanks Amethyst
Very much appreciate your thoughts and help with this.
Many thanks.
J