santander/hoist/robinsonway

[lindamc]

Hi,

 

 

We applied to Halifax to get a new deal on our mortgage,

long story short they're being typical bankers.

 

 

They've given our home address to Santander who in turn have stuck my other half with a business account debt

that he shared with his brother years ago.

 

 

His brother has been through bankruptcy and sufficient years have passed that it no longer affects his credit.

 

 

I can't bankrupt my hubbie over the head of a joint debt as we'll lose our house but there's no way we can pay this.

 

 

I have no intention of dancing with "Hoist Portfolio Holding 2 Limited", nor " Robinson Way Limited",

the company charged with managing the debt as he signed no contract with them.

 

Can anyone advise exactly where he stands with this debt? Does it legally become his when the other named acc holder becomes bankrupt? Tbh his brother done all of the spending on the account but all paperwork lies with his solicitor from the bankruptcy case.

 

1 more side issue, our mortgage advisor has a loose tongue and I've found myself getting into a taxi with his driver brother and him fit to tell me every step of our negotiations. What can I do about this?? I'm not happy at all.

[DonkeyB]

How old is this debt? Can we have some detailed history please?

[lindamc]

Hi DonkeyB,

I'm vague on exact details, as the other named holder has destroyed all the paperwork.

 

 

The debt is over 7 years old now and no paperwork (statements etc) were ever sent to our home address until now.

 

 

They had a joint business account with Santander that they used for a time until his brother fell ill.

 

 

He had to file for bankruptcy because of it, lost his house etc.

 

 

By the time of his bankruptcy my hubbie was working for another company.

 

 

He was not involved in the bankruptcy at all, didn't sign anything related to it.

 

 

Apologies for the lack of details here but trying to get sense out of either of them is impossible.

 

 

I only want to know if he is legally obliged to shoulder the entire debt??

 

 

It doesn't seem fair.

[dx100uk]

if you don't have all the paperwork

 

 

then time to send an SAR to get it.

 

 

dx

[DonkeyB]

Sadly, fairness isn’t always at the root of the answer.

 

Your husband may not have been in touch with anyone for seven years, but if his brother has in any way acknowledged this debt within the last six years, it may not be statute barred.

 

This will depend on whether they were joint and severally liable for the debt, which is more likely than not.

 

You’d have to find out if the debt was actually included in the brother’s bankruptcy – if so, and the whole amount was included, that might kill it dead.

 

You really need to try and find out more information – a subject access request to the original bank might be useful.

 

Hoist have bought the account from Santander, so whether or not an agreement has been signed with them is irrelevant. What correspondence have Hoist/RW sent to you? How have they worded their demands?

 

When do they say they bought the account? Tell us all you can.

 

As for your IFA – he should not be disclosing your personal data to anyone. You can complain to the FCA and ICO, but your difficulty is having proof. Perhaps a sneaky recorded phone call to the IFA, making a verbal complaint, and getting him to in some way confirm what he has done...

[DonkeyB]

if you don't have all the paperwork

 

 

then time to send an SAR to get it.

 

 

dx

 

Snap, dx!