d1n48s UD - Hoist Finance UK Holdings 3 Limited

[d1n48s]

Previously Lombard Direct (Corrected from Capital One), passed to Idem, now passed to Hoist Finance UK Holdings 3 Limited

Type of account: Unsecured loan
Date commenced: Between 2006 and 2008
Balance as of June 2019: £9,000
Date last payment made: June 2019
Are you on arrangement or not paying: Idem cancelled the DD when this was sold to Hoist. Hoist's only contact has been to advise that Robinson Way Ltd will deal with this now but no communication since.
Status: Idem default no longer showing but Hoist placed a new default on in December 2019
Account owner: all communications are coming from Hoist

2019 10 11 Letter from Idem advising Hoist have purchased the account
2019 10 14 Notice of Assignment from Hoist
2019 12 -- Default appears on Credit file from Hoist
2020 01 03 CCA & Proof of default letter sent to Hoist Finance Holdings 3 Ltd
2020 01 23 No response received as yet from Hoist or Robinson Way

[nightwatch]

welcome aboard the good ship AAD we hope the crew will help with any questions you may have about your journey with us

Please feel free to wander round the ship and explore the many Diary's left by your fellow passanger's

You may have to wait a while, Hoist don't like to rush with CCA request's

You say Hoist have put a Default on your credit file, they are allowed to do this as the new owner, BUT, it has to show the same default date as the original one,

Robinson way, will be in contact, they like to do automated voice messages, e-mail's, mine all go to my spam folder. At this time I would suggest ignoring them, if you should answer and get an actual human on the phone do not go through the security questions with them, just say all comunication is to be in writing only, do not tell them you are waiting for a CCA from Hoist.
Did you enclose the £1.00 fee with the CCA request?

NW

[Joanna Connolly Solicitors]

Previously Capital One, passed to Idem, now passed to Hoist Finance UK Holdings 3 Limited

Type of account: Unsecured loan
Date commenced: Between 2006 and 2008
Balance as of June 2019: £9,000
Date last payment made: June 2019
Are you on arrangement or not paying: Idem cancelled the DD when this was sold to Hoist. Hoist's only contact has been to advise that Robinson Way Ltd will deal with this now but no communication since.
Status: Idem default no longer showing but Hoist placed a new default on in December 2019
Account owner: all communications are coming from Hoist

2019 10 11 Letter from Idem advising Hoist have purchased the account
2019 10 14 Notice of Assignment from Hoist
2019 12 -- Default appears on Credit file from Hoist
2020 01 03 CCA & Proof of default letter sent to Hoist Finance Holdings 3 Ltd
2020 01 23 No response received as yet from Hoist or Robinson Way

Hello

The account should have been defaulted by Capital One before it was terminated and assigned to Idem. If that didn't happen then it could become a problem for any subsequent debt owner if they issue legal proceedings.

Do you know the date of that assignment (Capital One to Idem) and do you recall being served with a Default Notice prior to that date?

You say "Idem default no longer showing" so do you know the default date Idem were reporting to the Credit Reference Agencies? That default date will remain the reason the account will stay on your CRA file until six years later. So if the original default was before December 2013 then no one should be reporting the account to the CRA.

If the original default was after December 2013 then the accurate date must be reported by Hoist (not a new one).


Niddy explains this here >

Regards the duplicate, it may show twice but it must continue. Let me use an example to help explain.

let's say you were originally defaulted by BANK on 1st Jan 2015. They then sold the debt to a DCA who took over reporting on 1st July 2018. Your credit file should show the BANK entry until June 2018 and be zero'd off so show a balance of £0 and a status as settled. The new entry From the DCA should begin July 2018 and show the same original balance that used to show on the BANK record, however they'll be reporting the monthly D / status 6 marker now, the bank entry literally ceases to report.

The same debt cannot be defaulted and live reporting twice. Ordinarily I'd help you get it removed but with so many others it's not worth it just yet and may wake sleeping dogs and all that!

To recap, in your case - the original Barclaycard entry should show as settled. The status is the only key point.

I see you've raised the default date issue with Hoist which may draw attention to yourself. If you're not currently paying the debt because payments ceased in June 2019 (for whatever reason) it may make sense for you keep your head down while you do the background research.

My suggestion would be to send a Subject Access Request to Capital One to find out exactly what did (or didn't) happen.

What you want to avoid is Hoist doing their own research prompted by you, correcting any flaws, and then decide to take action to recover the £9k outstanding balance.

What stage has Hoist's collection activity reached?

Also, did you send your s77-79 CCA Request to Hoist or to Robinson Way?

Di

[d1n48s]

Hello all,

nightwatch - thank you for the welcome! Neither Hoist nor Robinson have an email address or phone number for me - just a forwarding address I used with Idem to manage communications so everything has to be in writing or they won't be able to communicate with me. I learned this after my first phone call with Idem, many moons ago, and realised that some of their customer service clerks had no interest in being helpful or honest. I told them at that point that I would no longer communicate with them by phone and expected all our exchanges to be written.

I did send the £1 with the request so I guess I'll have to wait for them to spring to life!

@Di - I have to make a correction in my earlier post. I actually believe the original loan was with Lombard Direct and they sold the loan to Idem about 10 years ago. I never actually defaulted on the loan. I remember (post separation from long term partner) making a request for the loan payments to be temporarily reduced to allow me time to sell my house and clear the debt etc. As soon as I made the request I received a letter warning that payments had to be kept up at the originally agreed level or they would have to take action on my account. I distinctly remember telling them I simply couldn't, at the original level, but could at a reduced level for a few months. It wasn't long before I received a letter assigning the debt to Idem (No default at that point).

It was Idem that filed the original default but this no longer shows on my account. Previously it had simply shown on my credit file as 6 months in arrears with payment plan agreed. I have a copy of a letter from Idem stating that they don't have the original agreement, just a reconstituted copy (dated 2012), so I know Hoist cannot have an original copy. Additionally the copy of the reconstituted loan they sent me belonged to someone else entirely. I think at the time I was so stressed after the separation, selling my house, moving to a new area, and moving my children from their schools that I just caved and agreed to a payment plan!

Currently the only default on my credit file is from Hoist and this is dated to December 2019. There is no history when I search previous years. I didn't receive a letter or any notice just the appearance of the default on my file.

The letter I posted was addressed to;


Hoist Finance Holdings 3 Limited
Robinson Way Limited
Quays Reach
Carolina Way
Salford
M50 2ZY

apols for dissertation!

Thanks

D

[Joanna Connolly Solicitors]

@Di - I have to make a correction in my earlier post. I actually believe the original loan was with Lombard Direct and they sold the loan to Idem about 10 years ago.

In which case you should send a Subject Access Request to Lombard.

And possibly another Subject Access Request to Idem Securities.

Di

[d1n48s]

Thanks Diana Mayhew

[d1n48s]

2020 02 03 SAR sent to Lombard
2020 02 03 SAR sent to Idem Servicing
2020 02 03 No response from Hoist
2020 02 03 Default Dispute filed with credit referencing agencies re:Hoist default

[d1n48s]

2020 02 12 Lombard respond with no data held. "We cannot locate any of your personal data from the information you have provided".
2020 02 12 No response from Hoist
2020 02 12 No response from Idem Servicing

[Joanna Connolly Solicitors]

Previously Lombard Direct (Corrected from Capital One), passed to Idem, now passed to Hoist Finance UK Holdings 3 Limited

Type of account: Unsecured loan
Date commenced: Between 2006 and 2008
Balance as of June 2019: £9,000
Date last payment made: June 2019
Are you on arrangement or not paying: Idem cancelled the DD when this was sold to Hoist. Hoist's only contact has been to advise that Robinson Way Ltd will deal with this now but no communication since.
Status: Idem default no longer showing but Hoist placed a new default on in December 2019
Account owner: all communications are coming from Hoist

2019 10 11 Letter from Idem advising Hoist have purchased the account
2019 10 14 Notice of Assignment from Hoist
2019 12 -- Default appears on Credit file from Hoist
2020 01 03 CCA & Proof of default letter sent to Hoist Finance Holdings 3 Ltd
2020 01 23 No response received as yet from Hoist or Robinson Way

Have you received anything from Hoist in response to your s77-79 CCA Request sent on 1st March 2020?

If not then this debt (originally opened at least twelve years ago) should be unenforceable until or unless the do comply with your request eventually

Di

[d1n48s]

Hello Di,

nothing from Hoist and nothing from Idem.

Do I need to follow up now and tell them that the debt is unenforceable?

[Joanna Connolly Solicitors]

Hello Di,

nothing from Hoist and nothing from Idem.

Do I need to follow up now and tell them that the debt is unenforceable?

Definitely not!

In fact they should be telling you that it is unenforceable under the FCA Handbook CONC 13.1.6 (8) because it would be misleading to do otherwise >

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html


compliance with an information request under section 77, 78 or 79 of the CCA, a firm should make it clear when communicating to a customer about a debt that the debt is in fact unenforceable. Failure to do so, in that case, would in the FCA's view unfairly mislead the customer by omission. Any communication that implies expressly or otherwise that a debt is enforceable when it is known that it is not, would be misleading. One way to avoid this would be for the firm to explain to the customer the full meaning of 'unenforceable'.


Do nothing for now.

Di

[d1n48s]

Marvellous

Thank you

[d1n48s]

An update on the above.
I've received a letter from Robinson Way acting on behalf of HFUKH3L (EX IDEM EX RBS). It's been sent to my current home address although all previous coms were from my business/office address. Still no response, or acknowledgement from Hoist or Idem for the SAR. Do I start again with Robinson Way?

many thanks

[Joanna Connolly Solicitors]

received a letter from Robinson Way acting on behalf of HFUKH3L (EX IDEM EX RBS). It's been sent to my current home address although all previous coms were from my business/office address. Still no response, or acknowledgement from Hoist or Idem for the SAR. Do I start again with Robinson Way?

No

From what you say Hoist have not complied with your CCA Request so there's nothing you need to do. The ball is firmly in their court.

However, can you just clarify the address situation for me. Was the CCA Request sent from your business/office address (as referenced in your post) and if so, have you access to any post that they may have sent there instead of your current home address?

Di

[d1n48s]

Hello Di,

I travel for work so move house frequently. I use my business address for post because it's the most consistent address I've had for the past 10 years. All the post is forwarded to me wherever I am. I've recently just moved into a new house (registered on the electoral roll as I have done with every other move as they tend to be for 18-24 mths at a time). The letter from RW came directly to my new address, addressed to me with the new address details, and did not go to the business address.