Default date query

[Lawrence]

Hi there,

I have just checked my credit report and it's showing that a default was added in Dec 2014 by a Hoist Portfolio 2 Ltd for a current account that was opened in Jan 2010 with Santander.

The amount is £430 which is made up of fees and charges for bounced direct debits after an oversight of not getting my wages paid into that account after transferring direct debits over.

My question is this; no payment or acknowledgment has been made to Santander of this debt since the account was opened in 2010. They had applied a default to my credit file which is now not there. Can Hoist Portfolio add another one now?

This was the last blemish that was due to drop off my report and I am hoping to be able to get a mortgage next year. I really don't want to go back to square one again.

Many Thanks

[nemesis45]

Re: Default date query

Hello Lawrence welcome to LB,

What has happened here is that Satans Bank has sold the debt to Hoist when this happens Hoist as to replace the banks credit file entry with its own data, but the default date placed by the bank cannot be changed.

Default entries are removed on the 6th anniversary of the default date paid or not, from what you say sometime in 2020.

Do you know if this default date is the same as the original?

One point springs to mind here is that The Information Commissioners Office which regulates the reporting to Credit Reference Agencies take a view that " if a default sum is made up only of charges without which (charges) the account would not have been defaulted No Default Should Be Placed.

My advice is to send a Subject Access Request under the provisions of the Data Protection Act 1998 ( SAR )to Santander for all the data it hold on you/the account.

There is a £10 Statutory Fee Payable ( Cheque or Postal Order) for this. Santander has 40 days to comply. ( use the template in the forum library).

nem

[Lawrence]

Re: Default date query

I cannot say for certain what the default date was from Santander but I know for definite that it was a lot earlier than Dec 2014.

Would the SAR give me that information?

If the account was opened in Jan 2010 and no payments made would that mean that the debt becomes satute barred in Jan 2016? Would asking for an SAR reset the clock on this?

Thanks for the quick response

[nemesis45]

Re: Default date query

I cannot say for certain what the default date was from Santander but I know for definite that it was a lot earlier than Dec 2014.

Would the SAR give me that information?

If the account was opened in Jan 2010 and no payments made would that mean that the debt becomes satute barred in Jan 2016? Would asking for an SAR reset the clock on this?

Thanks for the quick response

The 6 year clock starts ticking on current account when the creditor first Demands Immediate Repayment in Full.

It seems a little odd to me that Santander waited such a long time to default the account the SAR should reveal what
happened, and no Lawful requests such as a SAR are not acknowledgments of liability.

nem

[FlamingParrot]

Re: Default date query

Hi there,

I have just checked my credit report and it's showing that a default was added in Dec 2014 by a Hoist Portfolio 2 Ltd for a current account that was opened in Jan 2010 with Santander.

The amount is £430 which is made up of fees and charges for bounced direct debits after an oversight of not getting my wages paid into that account after transferring direct debits over.

My question is this; no payment or acknowledgment has been made to Santander of this debt since the account was opened in 2010. They had applied a default to my credit file which is now not there. Can Hoist Portfolio add another one now?

This was the last blemish that was due to drop off my report and I am hoping to be able to get a mortgage next year. I really don't want to go back to square one again.

Many Thanks

No, there can only be ONE default for each account, the new account owner should only update the details of who holds the account but not the original date. 2014 sounds very late to start with. :mmph:

I cannot say for certain what the default date was from Santander but I know for definite that it was a lot earlier than Dec 2014.

Would the SAR give me that information?

If the account was opened in Jan 2010 and no payments made would that mean that the debt becomes satute barred in Jan 2016?

Sadly not, I was just having this conversation on the phone earlier today, overdrafts fall under s.6 of the Limitation Act 1980, meaning the clock starts from the time a formal demand for payment is made by the creditor.

The problem with small overdrafts made purely of charges is that the banks often take a long time to recall them and issue a formal demand. As an example, I've got a business account I didn't use for around 18 months, during which time Barclays applied their own charges and it went overdrawn by nearly £400, yet I never got a formal demand, the account was never terminated, in fact, I'm still using the account now, even when it was overdrawn for nearly a year without any payments going into it.

Someone I was talking to mentioned a similar account with an O/D made up purely of charges which was never recalled in 10 years despite no payments being made! :scared:

Obviously this isn't your case since the account has been sold to Hoist, it was obviously terminated at some point, but probably much later than Jan 2010. The clock would start to run from when Santander issued the final demand.

Would asking for an SAR reset the clock on this?

Thanks for the quick response

No, a SAR is a request for all data held about you under the DPA 1998, which can be sent for a variety of purposes and not restricted to debt. :thumb:

Santander will only send you data for the past 6 years, and even that can be a struggle. That should take you back long enough. You may not get a copy of the formal demand as those are not always retained, however, with a bit of luck there should be some record of when they recalled the overdraft. ray:

[Lawrence]

Re: Default date query

Brilliant thanks, that gives me a starting point at least, I'll get the SAR request to them ASAP

Thanks for all your help!

[FlamingParrot]

Re: Default date query

Brilliant thanks, that gives me a starting point at least, I'll get the SAR request to them ASAP

Thanks for all your help!

This is one I've used a few times:

Dear Sirs

Ref: xxxxxxxx

Subject Access Request - S.7 Data Protection Act 1998

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system. If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,

[nemesis45]

Re: Default date query

Brilliant thanks, that gives me a starting point at least, I'll get the SAR request to them ASAP

Thanks for all your help!

Hi Lawrence,
Terms and conditions are not considered personal data as all similar accounts will have the same data which is " generic" the SAR is for Personal Data only i.e. that which actually refers to you, documents from which you could be identified.

Also creditor are not obliged to archive default notices again considered generic and a creditor can rely on an annotation on its internal records that a DN was sent ona specific date, the creditor may send a reconstituted copy.

Many creditor may decline to supply copies of agreements, the ICO has said that although it might expect an agreement (with a SAR) there is no specific obligation so to do. (source reply to this specific question I put to the ICO)

nem