Statute Barred Debt - Hoist Portfolio 2 Ltd - CCJ Issued to old address

[Axle81]

Hi,

I recently discovered to my absolute horror that a CCJ has appeared on my credit file for £5,993 issued on 23rd March 2018. It has been issued to my previous address which I have not lived at for over 2 years. The debt (and default) in question disappeared off my credit file 31/12/2016 so I'm sure must be statue barred. HSBC was the original creditor but is now in the hands of the lovely Hoist Portfolio. I have been on the electoral roll at my new address since moving in and I recall no communication from them prior to that. I have not acknowledged the debt, I've made no token payments. OF course I would have responded and defended had I known about it. I have the paperwork to apply for it to be set aside, however I'd be grateful of any assistance you can give me to ensure I'm giving all the evidence I can. At 37 years old being hopeful of a mortgage sometime soon with an otherwise OK credit score I can tell you this is pretty devastating for myself and family.

Thanks,

Axle

[Diana M]

a CCJ has appeared on my credit file for £5,993 issued on 23rd March 2018. It has been issued to my previous address which I have not lived at for over 2 years. The debt (and default) in question disappeared off my credit file 31/12/2016 so I'm sure must be statue barred. HSBC was the original creditor but is now in the hands of the lovely Hoist Portfolio.

The success of any Application to have this CCJ (Default Judgment) set aside depends on a number of things.

A creditor/debt purchaser can issue/serve a claim on "the last known address" so did you give them your change of address two years ago?

However from what you say they should have known your current address if they had searched your CRA file because it was linked. Is there a search by Hoist on your CRA file?

If you had received the claim what would your Defence have been? You suggest that Statute Barred may be your Defence so when did you last pay or acknowledge the debt?

The fact that the account was not showing on your CRA files doesn't mean it was SB because the entry would have been removed from your CRA file six years after it defaulted regardless of whether you had made subsequent payments or acknowledgment the debt etc..

Di

[Axle81]

I don't recall them writing to me at my old address so couldn't have informed them. Presumably they'd need to prove it if they did. There are no searches from them, although Clearscore only goes back to Jan 2017.

Interestingly whilst searching my email history for clues, turns out I enquired with Clearscore about this debt in 2016 asking when the last payment was and I got this back:

Hi Alex,

Thank you for your email.

I have had a look at your report and all I am able to access is the same information as you.

I can see the last missed payment was November 2010.

For more information you will need to contact Hoist directly.

Many thanks,

Anna


note last "Missed" payment, so God knows when they did receive a payment from me. Even if it was say 3 months before that - August 2010 + 6 years = August 2016 and they can't have put the claim in until probably end of 2017, so that's well beyond the 6 years, in fact it's more like 7. Surely they are too late therefore it's SB, however the court wouldn't have known this as I didn't receive the papers and was unable to explain this in any defense.

I'm not hiding - Arrow Global found me easily enough at my new address for an alleged credit card debt (also HSBC from the same time) which came to nothing as they failed to respond to CCA requests and various other letters in a timely fashion and I can only assume after almost 18 months have given up. (Also now SB!)

[Diana M]

An Application for a set aside should be done promptly so you need to put your energy into gathering evidence to prove you didn’t receive the claim form and why the Claimant could/should have known your current address.

The email from Clearscore refers to your last “ missed payment” not your last payment. You may have missed a contractual payment or a payment agreed under an ATP , but that doesn’t necessarily mean you never made a subsequent payment.

I would send a Subject Access Request to HSBC to get the full history of the account before it was assigned to Hoist Portfolio.

Hoist Portfolio are unlicensed.

Di