I posted a while back, Hoist Portfolio Holding added a default to credit score :(

[SickAsADog]

Hi there,

I posted the below thread a while back;
http://legalbeagles.info/forums/show...are-my-options

Well things seem to have taken a turn. I checked my Noddle account today and my credit score has been hit massively. They have added a default going back to 2012 (date of default).

Is there anything I can do to remove this? This is quite worrying for me at the moment

[SickAsADog]

Re: I posted a while back, Hoist Portfolio Holding added a default to credit score

I followed the advice here and received a copy of all my bank statements from Santander. I am worried now they are using that as an admission to the debt. The statute of limitations would have been this year, possibly around this time of year too.

I am really concerned about this as I was just getting things back on track financially.

[warwick65]

Re: I posted a while back, Hoist Portfolio Holding added a default to credit score

Hi

Without reading the thread all i can say is, if this an accurate date of default and it is an honest statement then no there is not much you can do and frankly i would suck it up and live with it till it falls off in 2018 - if you make a fuss you may just wake the giant

let me read back

[SickAsADog]

Re: I posted a while back, Hoist Portfolio Holding added a default to credit score

Hi

Without reading the thread all i can say is, if this an accurate date of default and it is an honest statement then no there is not much you can do and frankly i would suck it up and live with it till it falls off in 2018 - if you make a fuss you may just wake the giant

let me read back

The default will fall off in 2018? Appreciate you taking the time to read.

[warwick65]

Re: I posted a while back, Hoist Portfolio Holding added a default to credit score

Hi
It looks like you were aware of this default 12 months ago

I must admit, my santander was not defaulted for a long time after I stopped using the account

Remember as well that the default date and the date recorded on your credit file are not necessarily the same

If it was 2010 when you went OD it may seem very unfair that they waited until July 2012 to place a default - as for the SB implications, well there is a case going to appeal at the moment which could be good or very bad news for you depending on the outcome

I also noted you said it was probably an agreed OD so depending on when that became due for repayment would depend on when a demand would be sent

Did you ever send the SAR to santander as [MENTION=87380]Diana M[/MENTION] suggested

Remember that certainly for a debt that age S77-79 CCA would likely not be applicable ( so the advice you were given to send a CCA request to RW was likely wrong- I guess the thread hadn't been read properly)

[SickAsADog]

Re: I posted a while back, Hoist Portfolio Holding added a default to credit score

Apologies if I wasn't very clear.

Yes I was aware of the default, but it has only recently showed up on my file.

What SB case is that?

I never did send that SAR request. I was kind of concerned this was all making it worse.

I am genuinely terrified of receiving a CCJ now. Would it just be better to give in and setup some payment?

Apologies for all the questions, just having a bit of a freakout here

[warwick65]

Re: I posted a while back, Hoist Portfolio Holding added a default to credit score

I was reading your original thread where you said you thought the account was statute barred (SB)

Sending a SAR to Santander will have no impact on what the new owners do- they will not even know

What it does is provide you with all the info such as when the account was recalled, dates of payments etc

If they do issue a claim you can make a settlement at any time up and to the date of the hearing (usually) which would avoid a CCJ. if a CCJ were made, if you paid it in full within 28 days it would not be registered

I owe santander over 1K which has not been assigned and i am not paying a bean at the moment - there again I am a student with no income other than student finance

What does bring them out of the woodwork ( as I found out) is getting accepted for credit with other people - I now have (one or two credit cards and i wouldn't lend me money so god know why they are - i have about 3K of available credit FFS)

[SickAsADog]

Re: I posted a while back, Hoist Portfolio Holding added a default to credit score

So I just got home and now have a pre legal notice saying my account may be transferred to Howard Cohen solicitors. It gave me till yesterday to respond. I really don't know what to do now. Can anyone advise?

[warwick65]

Re: I posted a while back, Hoist Portfolio Holding added a default to credit score

Pre legal is just another one in the many stages that these people go through. Pre legal means just that pre legal. However you may want to get a letter ready to send to HC should they write to you

I have used this although it was written for a credit card

[Type your full name]
[Type your full address]
[Pick the date]
Type the firm or company name
Type the address of the firm or company
Dear Sirs
Ref: Enter as per letter received.
Thank you for your letter dated Pick the date on letter you are responding to. . As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:

1. The original Type agreement or contract as appropriate.;
2. The Default Notice;
3. The Notice of Assignment; Delete if the account has not been sold.
4. Statements of account;
5. The Deed of assignment Delete if the account has not been sold.

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.
DELETE THIS PARAGRAPH IF A CCA REQUEST HAS NOT BEEN SENT OR IS NOT APPLICABLE.Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.Type 77 for loans or 78 for credit cards and catalogue accounts. on Pick the date when the CCA request was sent.and I am awaiting a response from Enter the creditor’s name..
I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours faithfully,

The parts in bold need looking at, as it is an OD it may not be covered by S77-79
Did you send a CCA (S77-79) request before, if so did they reply ? If you did and they didn't reply you could stick the date you sent it and to whom in their, if you didn't you could send another one to Hoist or RW whoever is dealing with it

I would hold off until you hear from HC though

What is the exact name of the people who own the debt at the moment - Hoist Portfolio or has it got more numbers etc after it

- - - Updated - - -

https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr

FCA register for Hoist

[SickAsADog]

Re: I posted a while back, Hoist Portfolio Holding added a default to credit score

Pre legal is just another one in the many stages that these people go through. Pre legal means just that pre legal. However you may want to get a letter ready to send to HC should they write to you

I have used this although it was written for a credit card



The parts in bold need looking at, as it is an OD it may not be covered by S77-79
Did you send a CCA (S77-79) request before, if so did they reply ? If you did and they didn't reply you could stick the date you sent it and to whom in their, if you didn't you could send another one to Hoist or RW whoever is dealing with it

I would hold off until you hear from HC though

What is the exact name of the people who own the debt at the moment - Hoist Portfolio or has it got more numbers etc after it

- - - Updated - - -

https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr

FCA register for Hoist

Thank you for putting my mind at rest for the time being, and for the letter template. Its hugely appreciated.

So it is Hoist Portfolio Holdings 2 who put the default on my file, but Robinson Way sent the pre legal letter. And yes I did send a CCA request. They took months to reply though, I kind of thought maybe that would be it.

Is there any room for negotiating down the amount? I really don't want to let this get to the courts.

Thanks to everyone who has helped me over the past year. It's nice to know we don't have to be bullied and frightened into paying money we can't afford.

[warwick65]

Re: I posted a while back, Hoist Portfolio Holding added a default to credit score

Hi

Well yes you could indeed contact them and try to make a settlement offer but I would question why would you do this when it may be Statute barred sometime soon and HPH2 are not licensed. If you make a payment of even £1 that would start the statute barred clock all over again.

The licence issue is technical and not something I would want to get into although lawyers such as [MENTION=7765]Joanna C[/MENTION] and [MENTION=551]pt2537[/MENTION] would be able to offer opinion. Indeed [MENTION=87380]Diana M[/MENTION] has some views as well


Are they actually writing to you at the moment ?

My view is usually let sleeping dogs lie but take each letter as it comes

Remember if they do start writing to you, that MAY be a time to think about negotiation

[SickAsADog]

Re: I posted a while back, Hoist Portfolio Holding added a default to credit score

I hear you. It;s the worry of getting a CCJ really. I finally got myself into great credit, and its been decimated. I guess its just damage limitation and not wanting to get into a legal quagmire. Especially as I have moved into a home that my partner bought on her own. Added stress and worry all round. But you are right, probably best to take each letter as it comes and stay calm.

Thanks [MENTION=73501]Warwick64[/MENTION]

[warwick65]

Re: I posted a while back, Hoist Portfolio Holding added a default to credit score

Hi [MENTION=84247]SickAsADog[/MENTION]

have you taken on credit of your own recently?

If not try not to as it seems to be a flag to debt purchasers that you have money - at least I blame it for me getting a claim

[SickAsADog]

Re: I posted a while back, Hoist Portfolio Holding added a default to credit score

Yeah i got two a while ago in order to build up credit. If that is their tactic, the irony is not lost on me!