New Default on a debt from 2007

[Old-timer]

Hi, I'm hoping someone maybe able to give me some guidance on a freshly found default registered on my credit file. Long story short back in 2007 I won a court case with the debt and I got it set side and removed from the records. Now I have been paying a small amount to ensure it never rasied its ugly head again until now.. The debt was sold to H2HP in 2013, whilst it was still being looked after by wescot they still are named as over seeing the account. Have all paperwork still showing that I'm paying something towards the debt. I checked my credit files nothing shown on main stream ones experian and equifax.. However one called credit karma is showing I have defaulted account (start date of 1/1/1900) that defaulted on the 4/7/2014 registered on the 8/10/19..registered by H2HP?.. luckily I have all previous paperwork from 12 years ago to prove the original default date and the judgment set aside.. Now I have never missed a payment to the account as its on a standing order, nor have I been requested to adjust the amount? Are they allowed to do this on an account that's 12 plus years old?? And can they really log another default when the account was already defaulted back before court action?? Any help appreciated as it's not a path I want to be treading again after sorting out my credit issues and having an excellent credit files once more.. Proper rubbish...

[Amethyst]

"Are they allowed to do this on an account that's 12 plus years old?? And can they really log another default when the account was already defaulted back before court action?? "

no and no xxx



Hoist had a major issue with their reporting to CRAs with all kinds of weird stuff happening so it MIGHT have something to do with that .... I'd put together a complaint to them with evidence of the original default date and tell them to correct it on your credit file. You can mention taking it forward to the FOS and ICO.

Did you get the judgment set aside then negotiate a settlement agreement with the claimant or was the case dismissed ? Have you any paperwork / records from that?

[Old-timer]

Thanks for the reply!

Yes the court case was dismissed and I never agreed a settlement with Wescot. All I have done is paid a manageable amount to the debt account since the case. As I didn't want to go back through a court case, or mess up my credit file.. So 12 years on with excellent credit score on experian & equifax all sorted and square-ish. Now I have this mess to sort!

Is there a template letter to send for complaint? I am concerned as I don't want to start fighting a ghost from the past again.

Thanks

[Amethyst]

Personally, speaking from experience, I would give Hoist a call and tell them this has appeared on your credit file and it appears to be an error, can they sort out removing it, and that you'll follow up your call in writing. They'll likely ask you to send a screenshot of what is showing on your credit file by email.

You might also want to check what's happening with your payments you're making.

Credit karma was Noddle, you can dispute an entry with them ( don't enter a notice of correction just say you don't recognise the default then they go back to the company that applied it )

I'll give you a link to my thread but it's a bit frustrating even to read back lol... but it did get sorted in the end - https://legalbeagles.info/forums/for...lio-reporting/

[Old-timer]

Wow! Just read through your thread link! I'm am now worried about the fact they could damage the main stream CRA's!

I can see on the credit Karma they have also registered the gone away debt with a new balance? Does this mean that now I have a new re-registered debt from the gone away records? I am really confused, as I hoped it would be an easy fix!

[Amethyst]

Give Hoist a call - see what they say and lodge a dispute with credit karma ( which is TransUnion )

There are three CRAs - Experian , Equifax and TransUnion.

All the free access sites like credit karma, clearscore , Mse Credit club, totally money etc etc are just ways to check those three credit files. So on yours it is the TransUnion ( used to called callcredit ) that has the wrongly reported account on.

If it is a mistake it should be pretty obvious to them - you might have to put a complaint in to get it sorted.

Do you want to do a screenshot of what your report shows and blank out anything identifying and post up here?

If you don't want to talk to them we can put a letter together to get it sorted out instead.

[Amethyst]

You can tell creditkarma you don't recognise the debt and they'll go to Hoist to check it ... good idea to go from both angles xx

If you open the details on the disputed on there's a link to dispute at the bottom right...

[Old-timer]

Hey Amethyst!

I have done the dispute as well. I have deleted the sensitive info.. Really appreciate all your help! I would rather not call them over the phone, so I can document everything!

[Amethyst]

Ok will put a draft together for you xx

[Amethyst]

Email: hfuk.customer.queries@hoistfinance.com and/ or address - Hoist Finance UK,Carolina Way,Quays Reach, Salford,Manchester, M50 2ZY

( email will get things sorted quicker but you can always follow up with a hardcopy )

Added a SAR in to the complaint... just incase they argue it is correct, which they shouldn't do.

Bit of a ramble, and just an idea what to write, think it covers everything.... amend as necessary of course, and add in if the plummet in your credit score might cause any specific problems ( eg remortgaging, card interest rate etc ) if they don't sort it out quickly.


Dear Sirs,

COMPLAINT: Credit File - Wrongful Default - Subject Access Request
Reference: ( Account details - your name - your address )

After working hard over the past 12 years to clear my credit file I was shocked on recently checking my TransUnion (ex Callcredit) credit file via the CreditKarma (ex Noddle) website to see a new defaulted account entry placed by Hoist. I enclose a screenshot of the entry for your reference.

As you will see the account is alleged to have been opened on 1/1/1900 - I would dispute that this is accurate, to start with I am not over 119 years of age, unless I am alleged to have somehow opened the account in a previous life, which seems unlikely. I therefore suggest this is an error and I am requesting it be removed forthwith.

Additionally you have registered a default date of 4/7/2014. This appears more realistic, however this debt ( which was originally a xxxxxxxxxxxxx account ) defaulted in / around 2005/6 and has long since already been reported and fallen off my credit file. Following default the account was passed to Westcot who took County Court action against me obtaining a judgment in default. In 2007 this judgment was then set aside by the court following an application and hearing ( which is why I recall the details of the account). I have been making payments towards the debt since that time to Westcot who are managing the account. It appears the debt was purchased by Hoist in 2013 and for some reason, on 8/10/2019 you have taken it upon yourselves to enter a inaccurate report of a defaulted account.

I have entered a dispute query regarding this entry through Credit Karma, however I am writing directly to yourselves to request that you remove the data as soon as possible. You will, of course be, aware that you are responsible to ensure that data reported is accurate, section 89 of the data protection act 2018 sets out the fourth data protection principle that personal data undergoing processing must be accurate and, where necessary, kept up to date. It appears you are in breach of this principle.

If you dispute that the entry is inaccurate please provide me with evidence of such default occurring in July 2014 and full transaction lists from inception of the account to evidence the balance reported is accurate.

I understand that you have a maximum of 8 weeks to offer your final resolution to my complaint. At the end of this period if not resolved satisfactorily I intend to take my complaint forward to the Financial Ombudsman and the Information Commissioner.

Please also accept this letter as a request for Hoist to provide copies of all data which you hold relating to myself. I make this request pursuant to s94(1) of the Data Protection Act 2018 and expect a full response within 30 days.

Please confirm receipt of this email and confirm that both my complaint, and request for data, have been actioned, as soon as possible. I look forward to hearing from you.

Kind regards

xxxxxx

[Old-timer]

Thanks for all that Amethyst! I edited some of it a little, then sent today recorded delivery and an email sent to them as well! I'll keep you posted how things progress!!

[Amethyst]

Wicked - let me know xx

[Old-timer]

OK, so this is going to be a long haul sort out! I have a response from transunion UK this morning stating that Hoist will not amend/delete the record! I am still awaiting a response from hoist via my email and letter sent as per above.. What else should I possibly do to try to get them to sort out this false entry?Â*

[Amethyst]

That's quite standard - I think there's an auto response system which relies on people giving up at the first hurdle. See what Hoist day in reply to your letter next and go from there. It's obviously wrong regardless of default date as you're not ( I assume ) at least 136 years old. ( I forgot in the letter draft you have to be over 18 to open a credit account lol )

[Old-timer]

Hi Amethyst, Right strange one this credit file corrected on Monday, and today I receive a call from Robinson Way complaints officer, who claim they are working on behalf of HP2 their sister company - I told them they are not the management company i needed to speak to. Anyway after a getting the guy tied up in knots, finally he admits they have failed with my data request and are outside that time by 30 + 1 working days. That he'll get on to it and try to get the information again. I kindly told him he is now in breach of the data request. What should be my next steps at this point Financial Ombudsman etc? As he requested my address to send the data 'outside of the 30 days if they find any information' to hand..couldn't make it up..