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Hoist Portfolio Holding 2 Ltd

Getoutofdebt1000 asked:

Hello,

I sent the 3 letters to Santander in 2011.

They sold the debt to Westcot, moorcroft and others, it kept going back and forth as expected.

I thought i would check my credit histroy with Equifax in November as it was nearly 4 years since I sent the first letter to Santander.

The first report in November was rated as poor and the reason was due to missed payments since jan 2011, (loads of red blocks on each month from 2011 up to Oct 2014)

In December i updated the report and for some reason i had a good rating as the Santander missed payments were no longer on the file. I thought yay they have given up.

Unfortunately, i updated the report again yesterday and have a poor rating again, this time some mystery company called Hoist Portfolio Holdings 2 Ltd have recorded a bank default on Oct 2012.

I have two points, am i correct in thinking that if a bank default is going to be recorded it is supposed to be after the 6th missed payment, not over a year and a half after the first missed payment. Surely if this isn’t removed i am going to have a bad rating for nearly 2 years longer than legally allowed?

Second point, who are Hoist Portfolio Holdings 2 Ltd, they have never sent me any letters or anything, in oct 2012 Westcot were sending threatening letters. I have never heard of Hoist Portfolio Holdings 2 Ltd.

If they now own the debt why have they not contacted me?

Why have they chosen a random date (nearly 2 years later than it should be) to record a default?

I will obvously now send letters to Hoist Portfolio Holdings 2 Ltd demanding they reomve the default, but want to know if

Does anyone has the correct contact address for Hoist Portfolio Holdings 2 Ltd and know who the CEO is?

Thanks

Faljay replied:

Hi,

Go here:

viewtopic.php?f=5&t=81028

Take Care.

😀

Getoutofdebt1000 replied:

Cheers,

so I’ll send to Hoist FInance then 🙂

Getoutofdebt1000 replied:

I did a company check on Hoist Portfolio Holdings 2 Ltd, they do not exist, but as suggested i checked Hoist Finance UK Ltd

Details below:

Name Variation Hoist Finance UK Ltd
Status Active
Category Private Limited Company
Company Number 08303007
Registered Address Quays Reach
Carolina Way
Salford
M50 2ZY
Country Origin United Kingdom
Incorporation Date 22 November 2012

I guess they recorded my default as Oct 2012 as it was 1 month before they were registered?

If Hoist Portfolio Holdings 2 Ltd doesn’t exist as a registered company, how are they legally allowed to report a default against my name to the credit reference agancies?

This is all seems very fishy to me, they have sent no letters, they pick a date to record default one month before they exist and are a very new company, with very little cash in the bank for the market they are in.

Mr Najib Abdul Nathoo, looks a very dodgy banker to me, he is either currently a director of 18 other companies or has had 18 other companies dissolved.

Faljay replied:

If Hoist Portfolio Holdings 2 Ltd doesn’t exist as a registered company, how are they legally allowed to report a default against my name to the credit reference agancies?

They cannot, unless they are acting as agents for, or are a subsidiary of the holding company, which is how many get around this technicality.

Take Care.

😀

Getoutofdebt1000 replied:

I am using Lettier14’s text to base my letter on, but as I am writing I just realised, as I have never been sent anything by Hoist Portfolio Holdings 2 Ltd or even Hoist Finance UK Ltd, i have no reference number to add in the

RE: field

any ideas?

1. My Name

2. How the default is recorded on the report so something like:

RE: Bank Default from Hoist Portfolio Holding 2 Limited (I)/ XXXX123456

Any help appreciated

Thanks

Faljay replied:

You require them to provide relevant paperwork for anything they claim as without it, they have no legal right to act, especially if no Default Notice was ever issued, whether agent or alleged owner. Are they acting as agents or have they been assigned the alleged debt? If agents their powers are limited, if assigned, they need to provide proof via the Deed of Assignment and/or a Deed of Novation.

Take Care.

😀

Getoutofdebt1000 replied:

I have done a little more digging, i have found that Hoist Portfo Holding 2 Ltd are actually registered in Jersey.

http://jerseycompanies.eu/hoist-portfolio-holding-2-limited.kjB.jersey-company-profile.html

They have no directors or staff listed.

So it seems this company is extremely fishy, they are also using the tax haven Jersey to register their company.

I will also be sending my letter to the Jersey registered address…..

First Floor,
Le Masurier House,
La Rue le Masurier,
St Helier,
JE2 4YE

Getoutofdebt1000 replied:

An update.

As above I sent a letter to Hoist Finance UK Ltd, as they are the only DCA registered within the UK with Hoist in their name.

As my credit report doesn’t have the full acc number on the default, it just says Hoist Portfolio Holding 2 Ltd XXXXthen some numbers, all I could record in the RE: field of the letter is as it is on my credit report. I assume the Credit reference agencies must think that the DCA would have acted lawfully before placing a default and have sent some letters with references to account numbers, but as Hoist Portfolio Holding 2 Ltd have sent me nothing that is all have to go on.

I have received a reply from Hoist Finance UK Ltd, stating they have no details of any default placed on my credit file with the information I have provided them, they have requested that I send them my full credit report. So two things, should I do that? Would that be admitting the alleged debt? Also if my credit report only has it written like that how will that make any difference to help them finding out whether they have placed the default, surely if they had they would be able to find the details just from my name?

This default which only appeared within the last month is recorded as Oct 2012 at my old address, maybe that is why they say they can’t find anything, but again surely just my full name should bring up information?

I had also sent a letter to the Jersey address, but have not yet had a reply.

So am at a loss at what to do, there are no registered employees of Hoist Portfolio Holding 2 Ltd at the Jersey registered address, I assume it’s only registered so that Hoist Finance UK Ltd can steal off poor people struggling with paying their debts and then not pay any tax on it…

If I don’t get a reply from this Jersey address what would the next stage be, as it seems this default has been placed by a bogus company that doesn’t exist but only for tax loopholes and the closest to it Hoist Finance UK Ltd, say they know nothing about a default.

Any help is appreciated.

Faljay replied:

I would simply inform them that if they cannot find any default it cannot therefore exist and as they are not a Creditor, they may not issue a default, even if one existed, so this matter has nothing to do with you and there is no alleged debt, so no reason to contact you further, and if they do, you will report them to the FOS, FCA for their records, the ICO and Action Fraud.

Take Care.

😀

royboyone replied:

Hi have you checked this out. 🙂
http://www.debtreverse.co.uk/creditor-d … ing-2-ltd/
[ http://www.debtreverse.co.uk/creditor-directory/hoist-portfolio-holding-2-ltd/]

Hoist Portfolio Holding 2 Ltd contact details:
Hoist Portfolio Holding 2 Ltd Contact Phone Number:
0161 935 2233
Creditor Type:
Debt Collectors
Correspondence Address:
London Scottish House
Registered Address:
Parent Company:
Registered Company Number:
Robinson Way & Company.

Getoutofdebt1000 replied:

Thanks royboyone, that’s not an address just a building name, i have alredy rung that number and it goes to a voicemail.

Faljay, no company has sent me anything so i will do this once i know who/where to send the letter to, but as they (Hoist Finance Uk) say they haven’t added a default i cant tell them to remove it.

I just rang Robinson Way, they say I have to send all letters regarding Hoist Portfolio Holding 2 Ltd to Robinson Way, i said i sent it to Hoist Finance UK and its the same address as Robinson Way, she said that they have nothing to do with Hoist Finance UK.

She tried to take my details, obviously i wouldn’t give them, so it seems the defaults are placed by the tax cheating profit section of Hoist/Robsinson Way, but you have to address everything to Robinson Way.

Thus this means that Hoist Portfolio Holding 2 Ltd, are nothing but a tax break company and cannot legally place any default on a credit file.

So will send a letter as you say Faljay mentioning that a company that doesn’t exist cannot place a default and will report Robsinson Way to FOS, FCA for their records, the ICO and Action Fraud.

Getoutofdebt1000 replied:

As this situation is slightly different to the usual circumstances, please can someone read my potential letter, I don’t feel it is worth asking them to provide documents as it is blatantly clear that the default has been applied unlawfully if the company name on the default is a company that is not registered with companies house. Please can you let me know if that assumption is true or if you think I should still ask Robinson Way for the documents? Also whether my letter is good enough to send with the fact it mentions straight away that it’s been placed unlawfully. Thanks in advance….

Dear Sir/Madam,

RE: Bank Default from Hoist Portfolio Holding 2 Limited (I) / XXXX123456

I am writing to you with regards to a default notice which has been applied to the credit file of MY NAME. The default notice has been applied by a company called Hoist Portfolio Holding 2 Ltd. Even though there is no such company registered within England, Scotland or Wales.
I have not received any correspondence from Hoist Portfolio Holding 2 Ltd or any other company with regards to a bank default, as a result I am not aware whether Hoist Portfolio Holding 2 Ltd would be acting as an agent or have been assigned the alleged debt.

I have not received the said Default Notice, Deed of Assignment or Deed of Novation, thus the default entry has been added unlawfully and without merit, the fact that the company does not exist is also proof that the default has been added unlawfully.

A letter requesting the unlawful default be removed was sent to Hoist Finance UK at the same address as Robinson Way, however Hoist Finance have denied all knowledge of the said default (please see copy of their reply). As a result it has come to light that all Hoist Portfolio Holding 2 Ltd correspondence is to be sent to Robinson Way and that Hoist Portfolio Holding 2 Ltd are not a registered company thus cannot be a creditor and thus cannot add any bank default to any credit file.

This action has put you liable to a breach of the Consumers Credit Act 1974, in particular s.87(1) of said Act; Section 87(1) of the 1974 Act allows the creditor to send an alleged debtor a default notice. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (‘the 1983 Regulations’) which includes;

1. A statement saying the notice is a default notice served under section 87(1) of the CCA1974
2. A description of the agreement
3. The name and address of both the debtor and the creditor
4. Details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;

I have not received a notice and as a result I contest the accuracy of the default and until such time, that you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency.

Without sight of said default notice, I cannot argue the authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed.

It would, however, be in both our interests to simply agree to remove the default, being that there are many inconsistencies with the alleged default notice, concerning the execution, the enforceability and the legal compliance. Surely there is no other alternative but to remove it, least of all as a gesture of goodwill.

I am not in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notices) thus the actual default notice that is shown on my credit file is unlawful and should be removed immediately.

I do not wish to take this through the courts but will enforce removal by judgement if necessary, Hoist Portfolio Holding 2 Ltd have acted unlawfully by not issuing fully compliant and correctly executed legal documents.

In fact I have not been sent anything at all or even sure which company to contact with regards to the alleged default. As a result I must insist that the following requests be carried out;
a) The Default Notice will be removed
b) The Status of the account will change from “Defaulted” to “Settled”
c) The Current Balance will appear as £0.00
d) The Default / Delinquent Balance will be set to £0.00
e) There will be no date in the “Defaulted Date” field (as it will be removed)
f) There will be no date in the “Date Last Delinquent” field on the report
g) This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit.

A company that doesn’t exist cannot place a default, failure to remove said default will result in reporting Robinson Way/Hoist Finance UK to the Financial Ombudsman Service, the Financial Conduct Authority for their records, the Information Commissioner’s Office and Action Fraud.

Yours Faithfully,

Faljay replied:

In regards to:

I do not wish to take this through the courts but will enforce removal by judgement if necessary, Hoist Portfolio Holding 2 Ltd have acted unlawfully by not issuing fully compliant and correctly executed legal documents.

Which they are not entitled to do in any event as they are not a Creditor.

In regards to:

A company that doesn’t exist cannot place a default, failure to remove said default will result in reporting Robinson Way/Hoist Finance UK to the Financial Ombudsman Service, the Financial Conduct Authority for their records, the Information Commissioner’s Office and Action Fraud.

I would say:

A company that doesn’t exist cannot place a default, also a company who is not a Creditor may not issue a Default, failure to remove said default will result in reporting Robinson Way/Hoist Finance UK to the Financial Ombudsman Service, the Financial Conduct Authority for their records, the Information Commissioner’s Office and Action Fraud.

I made two additions, which you may remove of course, otherwise an excellent letter.

Take Care.

😀

Getoutofdebt1000 replied:

Thanks Faljay, will send it today.

Getoutofdebt1000 replied:

An update, as I was not really sure who I needed to communicate with, about he unlawful Bank Default, I sent the below letter to Hoist Finance UK Ltd and also the Jersey address.

The Jersey address, replied stating they have not details and to liaise with Hoist Finance UK Ltd, who kept repliying saying they can’t find an account and that I was to send them my credit report. Not wanting to send them my report I gave them my Date of Birth, date of alleged default etc.

See letter below:

RE: Bank Default from Hoist Portfolio Holding 2 Limited (I) / XXXX### – £1,999 – My Name – Date of Birth: 01/01/1901 – Previous Address: (3 Somehwere, Some Town, FU2 0FF)

Dear Mr Nathoo,

Thank you for the letter dated 16th February sent by Caroline White, it’s not surprising Hoist Finance UK Limited are not able to locate an account, as no correspondence has ever been communicated at any address, which proves that this is an unlawful default, as none of the legally required documentation has been issued.

The alleged Bank Default was placed on the credit file of My Name on the #th December 2014 with the date of the default being #th October 2012. The address where the alleged default was registered is My Old address.

No documents have ever been sent, the only information to be seen is on the credit file which is recorded as below.

Bank Default from Hoist Portfolio Holding 2 Limited (I) / XXXX####
Name Mr My Name Date of Birth 01/01/1901
Terms 0 @ £ 0 (Monthly) Status Defaulted
Current Balance £ 1,999 Start Balance £ 0
Credit Limit £ 0 Default / Delinquent Balance £ 1,999
Start Date 01/01/2007 Date Updated #/12/2014
Date Last Delinquent Date Satisfied
Default Date #/10/2012

Incidentally as at #h December 2014 the credit report of My Name, was reported as good, with no such alleged Bank Default.

As is seen above the Default Notice has been applied by a company called Hoist Portfolio Holding 2 Ltd. A search on Companies House, reveals that Hoist Portfolio Holding 2 Ltd are not a registered company within the UK. Another search on Companies House reveals that Hoist Finance UK Ltd were not incorporated until 22nd November 2012, which is more than a month after the alleged date of the alleged Bank Default, which is further evidence that the default has been entered unlawfully. Neither company could be a Creditor and as a result have no jurisdiction to add any Bank Default to any credit file.

I have not received any correspondence from Hoist Portfolio Holding 2 Ltd or any other company with regards to a Bank Default, as a result I am not aware whether Hoist Portfolio Holding 2 Ltd would be acting as an agent or have been assigned the alleged debt.

You are hereby requested to send me the following information:

1. The Original Credit Agreement, signed by both myself and the original creditor (No company has ever sent me this document)

2. The Novation Agreement between the Original Creditor, Debt Collection Agency (which doesn’t exist) and myself (No company has ever sent me this document)

3. The Deed of Assignment (Which is the only way to actually prove the alleged debt was bought by the fictional company Hoist Portfolio Holding 2 Ltd and what type of Assignment rights were given to the fictional company and if not Hoist Finance UK a whole month before Hoist Finance UK were even incorporated) (No company has ever sent me this document)

4. The Notice of Assignment (No company has ever sent me this document)

5. A true and certified copy of the original Default Notice which is legally required under, The Consumer Protection from Unfair Trading Regulations (CPUTR) 2008, The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, The Consumer Credit (Enforcement, Default and Termination Notices) Amendment Regulations 2006, and also The Consumer Credit Act 1974 (c.39) – s87 & s.88 Guidance and The Consumer Credit Act 2006 (Amendments) (No company has ever sent me this document)

6. Written and signed proof that you are entitled to process my data (No company has ever sent me this)

If as is expected it is not possible to provide me with the above legally required documents, I must insist that the following requests be carried out;

a. The Default Notice will be removed
b. The Status of the account will change from “Defaulted” to “Settled”
c. The Current Balance will appear as £0.00
d. The Default / Delinquent Balance will be set to £0.00
e. There will be no date in the “Defaulted Date” field (as it will be removed)
f. There will be no date in the “Date Last Delinquent” field on the report
g. This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit.

Please note that this letter is not a complaint and should not be dealt with as a complaint. It is NOTICE BEFORE ACTION. You have been dealing with this since the #h January 2015 and have had more than enough time to provide any evidence. You have 12+2 days to reply. If you reply that my complaint is being looked into, I will start immediate action against your company/companies be they fictional or incorporated.

Failure to reply or remove the default from the account of My Name or provide evidence that you are allowed to process my data on the same account, will lead me to take further action with immediate effect on the 14th day of this dated letter. No further dialogue will be entered into with your company

If you do not have any of the items that I am requesting then you must inform me of such under The Consumer Protection from Unfair Trading Regulations (CPUTR) 2008.

Further action will include reporting Hoist Finance UK Ltd and Hoist Portfolio Holding 2 Ltd to the Financial Ombudsman Service, the Financial Conduct Authority for their records, the Information Commissioner’s Office, Action Fraud and after that I will be forced into taking legal action.

I then received the attached letter from Robinson Way.

So I am a little confused, this seems like the standard letter most of the parasite credit collection companies send to the template letters from this website, the unlawful bank default has still not been removed.

So what do I do now, grass them up to the Financial Ombudsman Service, the Financial Conduct Authority for their records, the Information Commissioner’s Office, Action Fraud?

Has anyone done this in the past?

Does it work?

Faljay replied:

“So what do I do now, grass them up to the Financial Ombudsman Service, the Financial Conduct Authority for their records, the Information Commissioner’s Office, Action Fraud?”

Yes to all the above and add this FCA regulation to the complaint:

7.13.10: A firm should take reasonable steps to seek to ensure that, where it has engaged a third party to recover debts on its behalf, the customer is not subject to multiple approaches by different persons, resulting in repetitive or frequent contact with the customer by different parties.

Take Care.

😀

Getoutofdebt1000 replied:

Thanks faljay.

The situation has just turned quite serious.

It seems Hoist Portfolio Holding 2 Ltd, Hoist Finance UK LTd and Robinson Way have just committed fraud.

I was sent a communication from Santander in August 2014 at my current address stating the usual thing they do when the DCA gives up on chasing me, then send it back to Satan’s bank who then sell it to another DCA. You know the, we Santander have sold this debt, we no longer deal with it etc. dated 08/08/14 sent to my current address.

Now bear in mind that this unlawful Bank Default was recorded at my old address, which appeared on my credit record in December 14 with a date of default of Oct 2012.

Hoist Finance today have sent me a letter stating that they bought the debt on 15th October 2014 that the account was assigned to them with the old address, that a notice of assignment was sent to the old address which was the last known address. To try and prove this they have sent a very fake looking letter which was sent to the old address apparently from Santander , none of the usual Santander formatting but a very dodgy looking logo, with a date of the 3rd December.

They consider the balance still outstanding and Robinson Way can still chase for the alleged debt.

So two things it seems they have faked the default to try and scare me, as I can’t see how if Santander knew my address in August, they then sold the alleged debt to Hoist Protfolio Holding 2 Ltd/Hoist Finance UK Ltd/Robinson Way or whoever they pretend to be with an old address .

Also surely if I have a default how can they also chase for the alleged money?

Anyone think this proves fraud and any ideas what to do now?

FAke Defaul attahced and wording of their letter below:

RE: Ex Santander UK PLC

Account Number:

I refer to recent communication in which you made a complaint regarding your account listed above. My understanding of your complaint Is that you are unhappy that a default has been registered against you, which you believe is unlawful.

I am sorry you have had cause to complain and I thank you for bringing the matter to my attention. The issues you have raised have been investigated and I am now in a position to report our findings.

Please note, we are not the original creditor in this matter. Your account was assigned to us from Santander UK PLC October 2014 with an outstanding balance of £##### owed in respect of a personal loan opened in 2007. The responsibility for reporting information to the credit reference agencies was passed on from Santander UK PLC upon assignment of the account. The default date of October 2012 reflects the date that payments failed in accordance with the terms and conditions of the credit agreement with Santander UK PLC.

The account was assigned with an address of MY OLD ADDRESS. A Notice of Assgi nment was sent to this address on # December 2014. The account was passed to collection agents, Robinson Way Limited for administration.

The Deed of Assignment is a commercially privileged document, containing other customers’ information and thus we are unable to provide this to you. In accordance with The law of Property Act 1925,a Notice of Assignment was sent to your last known address and I have enclosed a copy for your perusal.

There is no obligation for us to provide you with a Notice of Default. This document was sent to you by Santander UK PLC after you had failed to make payments in accordance with the Terms and Conditions of the credit agreement.

Within the Terms and Conditions of the credit agreement, you accepted you authorised the processing of your personal data. There is no requirement for us to make addtional requests to process your data.

In light of the above, I believe we have acted in good faith, based on the information provided to us. I also see no reason why the default has been registered unfairly or in breach of regulation and therefore I am unable to record your complaint as upheld In this instance.For the same reason Iam unable to update your default as you have requested.

A balance remains outstanding and I respectfully request you contact our collection agents, Robinson Way Limited with your payment proposals.Ihave placed your account on hold for 30 days for this.

I trust you are satisfied with our explanation which you may regard as our final response to your complaint.However, if after consideration, you remain dissatisfied you have the right to refer your complaint to the Financial Ombudsman Service. You must do this within six months of the date of this letter. Enclosed is a leaflet produced by the Financial Ombudsman Service, for your information.

Address:
Financial Ombudsman Service
Exchange Tower
Harbour Exchange Square
London
E14 9SR

Phone: 0300 1239123

Compliance & Risk Officer
Hoist Finance UK Umited

Faljay replied:

It would appear, from the dates quoted by Santander and Hoist/Rob Way, there is something definitely dodgy going on. If Santander state they assigned the alleged debt in August and posted this to your new address, and Hoist/Rob Way say October and sent is to your old address [when Santander had your new address], then someone is lying.

I would report them to the FOS and FCA for their records, and possible Action Fraud for this apparent, fraudulent attempt to extort money from you.

Take Care.

😀

Getoutofdebt1000 replied:

Thanks Faljay,

Do you think i should reply to Hoist whoever robbing way, telling them i have evidednce that Santander had my current address in August?

Or just let the FOS & FCA now deal with the lying little negative parasites?

Faljay replied:

I would just report them and let them find out from the official body, rather than inform them and have them either ignore you or attempt to affect some kind of remedy before you can ensure a complaint gets taken up. Make sure you provide the FOS with copies of all the relevant letters proving that something is really amiss here.

Take Care.

😀

miksha replied:

I have just checked my credit report and found a default from the same people but have no idea who they are!

It says start date: 23/04/2010 and default date: 14/06/2011. It only shows 2011 and there are no other payments on there. None paid, missed or late. Just the default.

I have received no letters warning me of a default and no letters from any creditors to say I have missed any payments (everything is now paid via direct debit anyway!).

How do I find out what the debt is supposed to be??

Faljay replied:

You can send a SAR to the company – £10 fee – which should provide you with all information about this account.

However, if you have not paid or been in contact with them since 2010,then the alleged debt is Statute Barred, meaning they have no legal rights to take court proceedings against you, and under FCA regulations, no right to even pursue you for the alleged debt.

Are they contacting you concerning this alleged debt? If not leave it alone, but the instant they contact you to say we require payment, then send this Statute Barred letter, if you wish:

Creditor/DCA name and address:

Your name and address:

Account/Reference No:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM WHATSOEVER

Date:

FAO: [Name of person on letter]

Dear Sir/Madam,

I in no way admit any liability for this alleged debt, which is Statute Barred.

The last payment was made over 6 years ago, and since then I have not acknowledged any liability or made any further payments.

As this debt is Statue Barred, you cannot take court action unless you can provide documentary evidence of payment or written contact from me acknowledging any alleged debt within this period, as per s5 of the Limitation Act 1980, and any court claim will be defended and counter claimed against on this basis.

The Financial Conduct Authority state in CONC 7.15.4: Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland, if the lender or owner has not been in contact with the customer during the limitation period.

Also:

7.15.6: A firm must endeavour to ensure that it does not mislead a customer as to the customer’s rights and obligations.

Furthermore:

7.15.8: A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

If you are unable to provide documentary proof of any payment or contact then you must tell me and confirm in writing this matter is now ended, that you will no longer pursue any recovery action, including discontinuing any court claims, and that the account is closed. Failure to do so, or any further communications pressing for payment of any kind without proof, will be reported to the Financial Ombudsman Service, the Financial Conduct Authority, the Trading Standards Board, the Solicitors Regulation Authority and the Information Commissioner’s Office, without further recourse to yourselves.

Yours Etc.

However, if you do wish to send a SAR – Subject Access Request – then you can use this, if you wish:

Your address
Their Address

Date

FAO: Whomever you are dealing with

Dear Sir/Madam

Your name:

Account/Reference Number:

SUBJECT ACCESS REQUEST

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts, and/or credit cards, and/or bank accounts.

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Also a complete set of statements for the account/s. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

A complete list of all transactions or statements relating to ALL of my Loan Accounts and/or credit cards and/or bank accounts with your organization. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial information, or which pertains to me.

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

I enclose a cheque/postal order in the sum of £10 to cover your fee.

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR ACQUISITION OF FINANCIAL INFORMATION.

I look forward to hearing from you in the first instance of receipt.

Yours faithfully,

Take Care.

😀

jadah replied:

Hi all,

I too have checked my credit report today and found 2 defaults by the company Hoist Portfolio Holding 2 Limited. I’m unsure what to do about this, ie. should I pay? Who should I pay?

I really need to get this default off my credit report so I can move forward with my life.

I welcome all help and advice, I am a novice.

Please help!

Thank you

Tiggy replied:

What are the dates on them?

jadah replied:

Hoist Portfolio Holding 2 Limited Default date 30/06/2011
Hoist Portfolio Holding 2 Limited Default date 09/12/2010
and
Lowell Portfolio 1 Ltd Default date 02/05/2010

Getoutofdebt1000 replied:

An update, I complained to the Financial ombudsman, who said that it was Santander who applied the unlawful bank default, according to the Financial Ombudsman, they believe Santander that it was applied in 2012, even though I sent them copies of my credit report from December 2014 which was reported as good, with no default or anything about an alleged Santander loan displayed anywhere. This is because as mentioned in posts above this unlawful bank default was added to my credit file in December 2014 with a date of October 2012. This I have reiterated to the financial ombudsman in every single correspondence.

I never received the required default notice letter from Santander in 2012 or 2014, in fact I sent the financial ombudsman, two letters from 2013 which make no mention of the account being defaulted but they do state that Santander are selling the debt again to two different debt agencies on two different occasions.

Santander sent the ombudsman computer print outs of blank template default notice letters, with no address, no name, account number, no date that it was supposedly sent or anything to link it to the said account, literally a blank template letter which had crudely written handwriting at the top stating they were sent to me in 2012 etc…

I was not happy that the adjudicator was happy with their providing no evidence that they sent the letter and also that if they were going to apply the default it should have been in 2010 after the first 6 missed payments not in 2012. The adjudicator said that Santander decided that they would pick 2012 for the default as I had complained to Santander in 2011 and 2012. Which again was not true, so I wrote back stating that I hadn’t complained at all, that I had specifically requested it was not treated as a complaint and had always stated that I would pay any alleged debt as per template letters with the usual if they provide me with the sworn avidavit as part of 1882 bills of exchange act etc I will pay the alleged debt.

I complained and asked for an actual Ombudsman to look at the case, as there are two things unlawful about my situation, one the required default notice was never issued and two I will have a bad credit rating for over 8 years not the statutory legal 6 years.

I got a letter from Santander a week a go saying they are looking into my complaint, so guessed the ombudsman had sent a letter, then I got one today from them stating they sent me default notice letters in 2012 on two occasions and that they can chose whatever date they want for the default and that they have done nothing wrong. It had in there the usual financial ombudsman literature too which didn’t make sense as they were the body who contacted Santander.

Can anyone help as to what I can now do, as I have been chased by various agencies for the alleged debt since 2011 when they first sold it, I can’t even change phone providers at present due to this unlawful default on my credit file and lawfully this default even if it was lawful should be statute barred next year and removed from the credit file but Santander have added over 2 years onto that which will result in my credit record being bad for over 8 years….and the financial ombudsman doesn’t care about either of the two wrongs I am experiencing.

Getoutofdebt1000 replied:

Anyone any ideas?

Do I report to the Financial Ombudsman again?

And just hope they bother assigning someone with integrity and morals?

In a nutshell, Santander did not issue the statutory Default notice, the date it was applied to my credit file was December 2014 under the name Hoist Portfolio Holding 2 Ltd with a date of 2012, I have evidence in my credit reports prior to the date in December 2014 that no bank default had been registered in 2012.

So two things, the default is not lawful as no default notice was ever issued, Santader have tried covering their backs with a blank template with hand writing on top of it, whcih the Ombudsman fell for.

If the alleged default was lawful then the date it should have been applied would be June or July 2010 not two and half years later in 2012, as that results in me having a bad credit record and being chased for the alleged debt for over 8 years.

This has been outlined to the Ombudsman and they don’t care.

So please can someone help?

Is court the next action?

Faljay replied:

Hi,

If you wish to complain to the FOS, then do so and quote the Consumer Credit Act 1974:

87-0) Service of a notice on the debtor or hirer in accordance with section 88 (a ” default notice “) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,-
(a) toy terminate the agreement, or
(b) to demand earlier payment of any sum, or
(c) to recover possession of any goods or land, or
(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e) to enforce any security.
(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.
(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.
(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

88.-(1) The default notice must be in the prescribed form and specify–
(a) the nature of the alleged breach ; notice.
(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken ;
(c) if ‘the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.
(2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.
(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 870) shall not apply to it.
(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.
(5) A default notice making a requirement under subsection
(1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

89. If before the date specified for that purpose in the default notice the debtor or hirer takes the action specified under section 88(1)(b) or (c) the breach shall be treated as not having occurred.

In other words before a Creditor can take ANY action, they must serve a Default Notice, without which they have no legal rights to act whatsoever.

Take Care.

😀

Getoutofdebt1000 replied:

Thanks faljay, I had already sent that the first time around.

Santander sent the FOS a blank template default notice letter, which had no name, address, account number, date it was supposedly sent or anything on it apart from some very scruffy handwriting at the top which said, this was sent to Mr MY NAME on said date in 2012.

The adjudicator and ombudsman both believed that this was sufficient evidence that they had sent a default notice.

Regardless of the fact i had also sent FOS letters from Santander from 2013 where they make no refewrence to the account being defaulted and had also sent them copies of my credit report which showed no default.

I’ll complain again then i suppose. 🙄

Tiggy replied:

You’re wasting your time with the FOS, they never uphold a complaint of this nature and in fact the dca’s use their decisions against you as further evidence you owe them money.

Getoutofdebt1000 replied:

What do you suggest then Tiggy?

Just accept that Santander can do what they like, give me a bad credit rating for 8 years rather than 6 and also not adhere to legislation?

ScrappyCoco replied:

Did the loan have PPI?

I had the same porblem. Took Santander 3 years to default my account. FOS were worse than useless.

Took my complaint to the CEO ‘[email protected]‘ ‘[email protected]

Made them aware they had breached ICO & FCA guidelines but what got them in the end was the PPI

Multiple Agreements must be treated seperately.

Santander tried to blame my PPI reclaim to delays being caused in registering the default.

Just need to deal with Hoist now. I’ve pulled them up on being registered in a tax haven and not being a creditor. They haven’t answered me.

Waiting for them to contact me again so I can ask them for the default notice which relates to the backdated default. They will not be able to produce one whcih I ever received. These DCA’s should really do some homework before buying up all this debt.

I informed Hoist time and time again that I had an outstanding complaint yet they kept telling me that Santander had closed the complaint. They won’t be laughing so much now Santander have told them to backdate it.

Even the DN Santander sent me has been looked at by a legal expert and her quote “The DN is problematic for them as it does not give you 14 clear days after service to remedy the breach”

Brandon vs Amex

• Thirdly, if, as a matter of construction, the Default Notice has not or may not have allowed the minimum statutory period for Mr. Brandon to remedy the breach, then it is (at least) realistically arguable that the defect cannot be overlooked as de minimis. To my mind, this conclusion applies both to the failure to allow a minimum 14 day period and to the absence of prejudice flowing from the defect in the Default Notice. Insofar as DJ Gisby and HHJ Denyer thought otherwise, I am, with respect, unable to agree.

Thanks

ScrappyCoco