Hoist/? Claimform 2008 abbey credit card 'debt'

[dx100uk]

looks like your old sar was july 2010 not 11?

 

 

dx

 

when did you receive the NOA from 1st credit please

 

 

dx

[Feelingdownandout]

Ok, here goes,

 

23.12.2009 - letter from first credit - final reminder demanding full amount (no NOAA)

 

Letter rcd from first credit inviting us to make a settlement offer - letter undated

 

12.01.2010 - letter fro. First credit - threat of legal proceedings if no payment made

 

21.10.2010 - letter from DHS asking us to make an offer of payment. (Hubby did make contact and they wanted £400 down payment before they would agree to payment plan)

 

Letter rcd from first credit inviting to make an offer to settle - letter undated

 

11.03.2010 - letter from first credit stating instalment default notice, ( we didn't set up a payment plan with first credit)

 

19.05.2010 - letter rcd from Connaught advising they were instructed by first credit to collect monies outstanding. Reserving the right to commence legal proceedings

 

28.05.2010 - letter rcd from Connaught 'despite numerous efforts to contact you etc' intend to review for legal action

 

08.07.2010 - cca request sent to Connaught enclosing the one pound fee

 

09.07. 2010 - wrote to Connaught advising that we are not corresponding with them and that we contacted santander direct

 

09.07.2010 -contacted Santander stating a repayment plan of 3% of the balance per month (no response or acknowledgement from Santander) - no payments made to them either

 

22.07.2010 - letter recd from wescot Notice of Debt Collection, demanding dull payment

 

06.08.2010 - letter from wescot final notice threat of legal proceedings

 

23.08.2010 - letter from nelson and co demanding payment within 10 days of date of letter to wescot

 

15.09.2010 - letter received from nelson and co offering a discount if we contact within 10 days

 

04.10.2010 letter from wescot threatening doorstep action

 

08.10.2010 - we write to wescot advising that we do not owe westcott any monies And asking them to prove liability to westcott

 

18.10.2010 - letter from wescot stating that we have raised a query and they will investigate

 

20.10.2010.- letter from wescot advising that they have been in touch with their client who has advised the we are making payments direct to them and advising that we should be making all payments to wescot. This in fact is a blatant lie as we have made NO payment to Santander at all!

 

19.11.2010 - another letter from wescot regarding doorstep collection

 

23.11.2010 - letter from nelson and co demanding full payment to wescot or repayment plan agreed then legal proceedings will follow

 

24.11.2010 - SAR sent to Santander enclosing the ten pound stat fee

 

06.12.2010 - letter from wescot advising doorstep collection

 

17.12.2010 - response with SAR pack from Santander. No copies of statements just screen shots and an unsigned cca

 

29.12.2010 - letter from credit security demanding full payment or threat of CCJ. in capital letters

 

04.01.2011 - letter from credit security threat of legal action And door step collection

 

10.01.2011 - letter received from credit security on pink paper offering gesture of reduced sum in settlement, reduced by £200 if payment made in 10 days

 

31.03.2011. - letter received from wescot demanding full payment

 

11.04.2011 - letter from wescot final notice stating they have confirmed our address demanding full payment in ten days or legal proceedings

 

26.04.2011 - letter from nelson and co offering a reduced settlement if we contact within ten days, note the letter dated 26.04.2011, actually received 06.05.2011, the deadline date to contact wescot!

 

20.05.2011 - letter dated from nelson and co, demand payment to wescot

 

May 2011 approx - statement from Santander detailing balance on 01.12.1010 as £1980 approx, 06.01.2011 a £10 credit co-existence collections in default, 30.05.2011 balance £1970 approx

 

31.05.2011 - statement received from Santander opening balance on 31.05.2011 £1970 approx, also saying 30.11.2011, net balance of the same?

 

16.06.2011 - letter from credit security demanding full payment

 

27.06.2011 - letter from credit security demanding immediate payment

 

06.07.2011 - letter from credit security threatening doorstep action and offering a 200 reduction if paid within 10 days

 

01.12.2011 - statement rcd from Santander approx bal £1970, also received during 2012 and 2013

 

30.10.2014 - letter received from Santander advising acct sold to hoist and enc a NOA,

 

I am not sure what that looks like, but a letter enclosed from hoist.

Correspondence address is Salford.

 

 

Also it states that Santander has assigned all of its rights and title to hoist.

Any payments made after oct 2014 will be forwarded to Robinson way, who have been appointed to manage the acct,

if we are on a repayment plan it will remain in place until 29.03.2014 when our circumstances may be reviewed.

Under terms of the assignment and as defind in the DOA 1998

 

hoist is now the data controller of our personal data contained in the records of this account

and they will not change the purpose for which or the way that personal details are used.

 

 

We are then urged to contact Robinson immediately to make payment

 

That's it!!!

 

According to SAR data

 

 

the account was written off on 30.11.2009, with the default being registered some two weeks prior to that.

 

 

However, according to the docs send from santander

 

 

they say in a letter to us dated 28.10.2009 that they issued a default notice. but this was never received,

nor is it referred to in the SAR that we received.....

 

The cca does not have a date on it, and the account was opened in June 2008.

 

For clarity, no payments have ever been made on this account since it was opened..... what bearing this has I dont know.....

[dx100uk]

ok so during the period of the phantom payment

 

 

it was still with satans bank.

 

 

are/were you paying satans for any other accounts at that time?

 

 

dx

[Feelingdownandout]

our mortage is with them,

 

 

we also had a bank account with them that had a defaulted o/d.

 

 

long story,

they proper messed up the switching process which left us knee deep,

 

 

that was defaulted and santander closed the acc on 30.05.2009,

 

 

the od was cleared on / around 09.2009 and my credit file was marked as satisfied on 11.01.2010

[dx100uk]

I've had a read, well done to you.

 

 

You are clearly a very bright person to have learned so much over the time and stand your position.

 

Can someone remind me what an in enforceable credit agreement is?

 

Also,

just looking through the old papers on thus account,

 

 

I notice that there was a credt of £10 added to the account in January 2011.

 

 

It is for 'CO-EXISTENCE COLLECTIONS IN DEFAULT',

 

 

any ideas as to what that is?

 

 

http://forums.moneysavingexpert.com/showthread.php?t=3388730

[Feelingdownandout]

http://forums.moneysavingexpert.com/showthread.php?t=3388730

 

 

there is no other accoount to set it off against? The only payment that went to Santander at that time was the £10 SAR fee. In light of the fact that the old bank account that we had with them was closed in 2009, and the only other account is our mortgage? Can they offset against that?

 

So any steer on resolving would be greatly appreciated.

[SabreSheep]

Calling in as asked.

 

to challenge that £10 payment I suggest you do what I posted earlier regarding a complaint. Also state that unless they can prove where that payment came from that you are considering it an unsolicited gift. Unless they can prove you deliibratly paid them it would prevent them resetting the clock.

 

Also

 

6 years from 2009 is 2015 so no SB defense yet. UNLESS you live in scotland

[Feelingdownandout]

Ok - will do the letter this week... (no we dont live in scotland )

 

Also, are we in a position to advise Hoist that we have no financial liability to them? or is that a non starter now?

 

can they offset against a mrtgage?

[SabreSheep]

Im not an expert here.

But as a mortgage is a debt, they cant add £10 of debt to a mortgage and credit it to another account without your authorisation. In my eyes this is unsolicited lending

 

Unless there is a credit entry on your mortgage coreesponding to the debit on your account then this is unlikely.

[Feelingdownandout]

no there is nothing, didly squat. Also there is no other way of this entry being valid as we didnt have any active accounts with them at the time.

 

time for my letter!

[SabreSheep]

Post a draft here first so the more experienced people can check it over

[Feelingdownandout]

*Update*

 

had the first letter from Robinson Way this morning.....please contact us so we can help you...

[SabreSheep]

Robinson Way do not own the debt do they. So feel free to ignore them

[Feelingdownandout]

so are we waiting for a letter from Hoist?

[dx100uk]

the phantom payment occurred when the debt was still with the OC.

 

 

if you want to challenge what it is

satans bank are your target.

[Feelingdownandout]

what stops hoisy sending it back to the OC?

[Feelingdownandout]

Update

 

Had a statement come from Santander today with a zero balance!!!

 

Statement says the debt was sold in August this year.....

[dx100uk]

30.10.2014 - letter received from Santander advising acct sold to hoist and enc a NOA,

 

 

we already knew that

 

 

dx

[Feelingdownandout]

Thanks

[Feelingdownandout]

A quick question. I have just checked OH credit file and this is now marked as satisfied with a note saying debt been sold.

 

Does that mean that at some point this debt will appear again.

 

Apologies to ask this question, but I am a little confused as to who can add what to a credit file...

 

thanks

[dx100uk]

yes it will re-appear

 

 

in the top line summary default date is NEVER CHANGED by the DCA

 

 

they can update it add markers in the monthly listing

but the date must not change

[SabreSheep]

yes the new owners of the debt will prob make their own entry. When they do make sure the default date remains the same

[Feelingdownandout]

so the same statue barred dates etc still apply?

 

do these entries automatially drop off after 6 years from the date of default? Or do they stay on?

[SabreSheep]

as long as no payment is made or recognistion of the debt made the SB date does not change.

[dx100uk]

'they' cant change the SB date

only you can by paying or using or writing acking the debt by a signed letter

 

 

dx