Hoist sent me someone else's credit agreement

[Lucy1000]

Hello,

I have a query about the following.

Hoist keep contacting me about a credit card debt which the original lender has stated is unenforceable.

Hoist have also accepted this, but neither of them have explained why it is deemed to be and I have not asked.

I know that Hoist can still chase the debt though.

Hoist send me letters which do not state the debt is unenforceable, so I made a complaint via email to them about this and asked for them to contact me via email only as getting letters through the letterbox sets off my anxiety.
They did not address my points but emailed me a reconstituted agreement for the account, stating they can still chase the debt.

The things is this agreement is in somebody else's name for a completely different credit card company.
The somebody happens to be my daughter, we have the same surname and live at the same address, but our first names are completely different and do not begin with the same initial.

I haven't told my daughter about this matter as she is currently very stressed with work, and I don't want her fretting about me now knowing that she has debt, as I didn't initially know.

I was wondering how severe an error this is by Hoist.

Can anyone please advise?

Thank you

[echat11]

For the following: (yours I believe) - 'Hoist keep contacting me about a credit card debt which the original lender has stated is unenforceable.', the account might be statute barred or they can't come up with the original agreement. It sounds like the latter. How old is the account?

You could write back to say they haven't complied with the CCA 1974 Act and as such an further contact will be viewed as harassment under the Protection from Harassment Act 1997.

For the following: (your daughters) - 'The things is this agreement is in somebody else's name for a completely different credit card company.', If it's actually your daughters account and they have sent an agreement, then Hoist has breached Data Protection Rules by sending that information to you, even if it's been done accidentally. In that case your daughter should complain to Hoist, follow their complaints procedure.

https://www.which.co.uk/consumer-rig...s-apxxn8T7K8ai

[Lucy1000]

Thank you very much for your response.

Yes, it is the latter.
Robinson Way who initially wrote to me about the debt, could not provide an original agreement, notice of default or notice of assignment when I requested these documents, so they marked the account unenforceable.

But it is not statute barred.
It was opened in April 2016, but I do not remember when it defaulted and the account has been removed from my credit files by the original lender, so I can’t find out this way.

I did not request for the account to be removed from my credit files so was shocked when Robinson Way wrote to me and told me they were telling their client to do this in a letter in June 2020.
Hoist are now writing to me, these companies must be connected somehow.

I have written back to Hoist as per your advice.

The full name and address on the agreement Hoist just sent me, belong to my daughter.
I have now told her about what happened, and she got quite angry at me as she initially misunderstood and thought I’d been going through her paperwork!!
She has told me the account is hers.
So, she will be making a complaint to Hoist as per your advice.

Am I right in thinking she should get some compensation for what happened?
If so, do you have any idea how much it should reasonably be please?

Thank you

[echat11]

Robinson Way who initially wrote to me about the debt, could not provide an original agreement, notice of default or notice of assignment when I requested these documents, so they marked the account unenforceable.

a) But it is not statute barred. It was opened in April 2016, but I do not remember when it defaulted and the account has been removed from my credit files by the original lender, so I can’t find out this way.

You can send the original creditor a SAR, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.
(If they can't provide documents, then any potential Court claim isn't going anywhere).

https://legalbeagles.info/library/gu...ccess-request/

b) I did not request for the account to be removed from my credit files so was shocked when Robinson Way wrote to me and told me they were telling their client to do this in a letter in June 2020. Hoist are now writing to me, these companies must be connected somehow.

If you have the letter, you could send that to Hoist. Tell them you consider their contact as harassment as the matter has already been dealt with. As of 7th December 2020, Robinson Way became Hoist Finance. Everything from Robinson Way has been transferred over to Hoist Finance who have taken over the management of your account.

c) I have written back to Hoist as per your advice.

Good

d) The full name and address on the agreement Hoist just sent me, belong to my daughter.
I have now told her about what happened, and she got quite angry at me as she initially misunderstood and thought I’d been going through her paperwork!! She has told me the account is hers. So, she will be making a complaint to Hoist as per your advice.

Good

e) Am I right in thinking she should get some compensation for what happened?
If so, do you have any idea how much it should reasonably be please?

Yes I think so, I really wouldn't like to say, but see what they offer. If your daughter isn't happy with the sum offered, ask you daughter to right another letter saying so. Point out that you seeing the documents has caused her embarrassment and clearly stress from what you have written, so she expects to be fully compensated otherwise you will be left with no choice but to complain to the ICO.

[Lucy1000]

Thank you for your response.

My daughter wrote a complaint to Hoist and they responded asking for “details of the alleged breach that you feel took place, together with a breakdown of the claim you are making by return.
This will be dealt with pursuant to our complaints procedure, which is attached for your information.
We are investigating these issues and we will issue our formal response to you upon completion of our enquiries”.


My daughter did explain the breach that happened, but perhaps needs to clarify with more detail so will do this, but we don’t understand the “breakdown of the claim” part.
Are Hoist asking for my daughter to state the costs she wants to claim for the anxiety, embarrassment etc?

I just thought I’d ask for advice here first rather than my daughter asking Hoist for clarity especially as I don’t think they’ll be helpful.

Thank you for your time.

[echat11]

a)' I just thought I’d ask for advice here first rather than my daughter asking Hoist for clarity especially as I don’t think they’ll be helpful.'

Yes, they are asking your daughter for a breakdown of her claim against Hoist.

Have a read of the blog, there is an indication of amounts you can claim (posted for information only).

https://www.data-breaches.co.uk/blog...20compensation.

b) Your claim is made against Hoist under The Data Protection Act 2018,

• information is handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage

[Lucy1000]

That is so helpful and clarifies everything, thank you so much.
My daughter will be writing back to them today.

[echat11]

That is so helpful and clarifies everything, thank you so much.
My daughter will be writing back to them today.

Just to add that the ICO is an excellent resource regards all things Data Protection.