Hoist chasing disputed debt for 3 years - adverse credit

[MikeT]

Hi

My son has Hoist Finance UK Holdings 1 Limited chasing him for a disputed debt. This started with Robinson Way but is now Hoist. It is a Barclays Partner Finance debt for £8500 which was agreed to be settled when a lease car was handed back early on a voluntary basis. A phone conversation with BPF agreed the terms. Hoist are unable to provide details of the phone conversation or a copy of the confirmation letter that was supposedly sent but never received. They have not been able to provide an executed copy of the initial agreement but we are disputing on the basis that the phone conversation amounts to a variation on the initial agreement.

Hoist have not provided any evidence despite requesting this for over 3 years in writing.

Problem is, Hoist has registered the debt on my sons credit file and we cant remove it until the matter is resolved. This is stopping my son getting a flat.

Can we do anything to force them to conclude this matter in a timely manor in order to fix my sons credit file?

They have not issued court proceedings, they are just dragging it out without any chance is resolve. They just keep saying they have requested the proof from BPF. We just want this to be concluded.

Thanks

[The Tech Clerk]

Colin G Quinn

[Colin G Quinn]

Hi,

I'm actually instructed in a case at the moment, whereby Hoist have sued a consumer in respect of a Barclays Partner Finance agreement, which my Client maintains was previously settled with Barclays.

So there seems to be a trend starting here!

The answer to your question as to whether anything can be done, is yes. However, it may not be a 'quick fix'.

There is a supreme court decision that states a creditor has a duty to satisfy itself that a credit agreement remains enforceable, before it reports a default to the credit reference agencies. Obviously a settled credit agreement is unenforceable. In that case, the Court determined the consumer had cancelled the credit agreement and ordered the creditor to pay his costs associated with the damage caused to his credit.

You say Hoist have advised they are awaiting proof from Barclays. That would indicate they are currently unaware of whether the agreement they are reporting is enforceable or not. I would say there is an argument then that they shouldn't be reporting to the credit reference agencies.

Have you sought to obtain any confirmation from Barclays? Obviously it is too late in this case, but when a settlement agreed it is always best to obtain confirmation in writing or to deal with the settlement negotiations in writing, so that you have a paper trail in the event that issues such as this arise.

That being said, if a settlement was agreed and satisfied are Barclays not able to provide confirmation of this to your son?

[MikeT]

Hi,

I'm actually instructed in a case at the moment, whereby Hoist have sued a consumer in respect of a Barclays Partner Finance agreement, which my Client maintains was previously settled with Barclays.

So there seems to be a trend starting here!

The answer to your question as to whether anything can be done, is yes. However, it may not be a 'quick fix'.

There is a supreme court decision that states a creditor has a duty to satisfy itself that a credit agreement remains enforceable, before it reports a default to the credit reference agencies. Obviously a settled credit agreement is unenforceable. In that case, the Court determined the consumer had cancelled the credit agreement and ordered the creditor to pay his costs associated with the damage caused to his credit.

You say Hoist have advised they are awaiting proof from Barclays. That would indicate they are currently unaware of whether the agreement they are reporting is enforceable or not. I would say there is an argument then that they shouldn't be reporting to the credit reference agencies.

Have you sought to obtain any confirmation from Barclays? Obviously it is too late in this case, but when a settlement agreed it is always best to obtain confirmation in writing or to deal with the settlement negotiations in writing, so that you have a paper trail in the event that issues such as this arise.

That being said, if a settlement was agreed and satisfied are Barclays not able to provide confirmation of this to your son?

Thank you for your reply.

We have contacted BPF and they tell us that they have a record that the phone conversation took place and a letter was sent. However they are not able to produce a copy of the letter or a copy of the phone recording. Hoist will not be able to get this information so it is our word against BPF as to the content of the phone conversation. I was with my son when he agreed the terms over the phone so am a witness to the fact they they said the balance would be satisfied. However, I doubt that is enough proof. Although, is it us that needs to prove the content of that conversation anyway?

Thanks again.

[Colin G Quinn]

Hi,

I think you may be being led up the garden path by Barclays.

Firstly, if Barclays agree there was settlement, which had been agreed orally and confirmed in writing, have they explained why they have then gone on to assign the settled agreement to a third party debt purchaser?

Secondly, it sounds a bit dubious that they have a record of the telephone call and a letter but are supposedly unable to provide a copy of either. Have they explained why they can't provide it and exactly what is preventing them from disclosing their own case management records?

Thirdly, even if it were the case that for some IT issue they couldn't provide the original records, why can't they provide you with a new letter confirming the agreement was settled, that there was a telephone conversation and letter, but that they can't be provided. However, this new letter can be taken as confirmation of the settlement.

When was the agreement settled?

[MikeT]

This is the problem. Barclays are saying they would not have agreed to this early termination but thier phone representative did make the offer. Presumably they made a mistake by making that offer verbally. I assume that's why they won't send a copy of the voice recording or non existent letter. The only thing my son signed was a car condition report on collection.

This happene in 2018

[Colin G Quinn]

Hi,

If your son would like to email me what has been exchanged (letters and emailed etc), I will try and have a look over it at the weekend and then we could let you know if we could assist next week. It sounds like something we can help with.

[Colin G Quinn]

Hi,

I have received your email and papers and we will get back to you shortly.

Please can you respond to my last email with a telephone number, so that we may contact you?