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amalething03

Default and Limitation Act - River Island Store Card owned by Hoist

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Hello all. Been using website for reference on many occasion, so now time to ask a question.

 

I have a debt with Hoist Portfolio Holding 2 Limited for £186, balance opened 07/12/2002. The balance status is "gone away", and defaulting since Aug 2014. [Noddle]

 

For approximately 3-4 years I wasn't paying the balance on account that I was unemployed and the account had insurance, which was being paid for me, for 8 years. (Sorry I don't know much about this, PPI maybe?).

 

I moved address in 2010 and subsequently didn't notify the lender, RiverIsland. Last week I checked my credit file to find I've been defaulting since Aug 2014. I suspect this is when I registered as self employed.

 

I have two questions, firstly does the Limitation Act protect me regarding the debt being older than 6 years since I last acknowledged the debt, even though the balance was being paid on my behalf by insurance? I'd only used the account once in 2002 and not made payment against the debt for 8 yrs or so. Just received statements each month confirming the minimum amount was being paid for me.

 

If the Limitation Act doesn't protect my credit file, is it possible I can agree to pay off the balance in full, and the default notice on my account be removed somehow?

 

It's not the debt which is concerning me, but the detrimental effect on my credit file. I'm not sure if it helps, but they hadn't sent me any letters regarding escalating the debt, (my ex-wife still lives at my original address).

 

Thank you for any advise.

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if the ppi was/is paying the debt off

you should not be defaulted.

unless there was a time limit for the ppi cover and that ended. in aug 14?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Thanks dx,

 

It looks like the PPI was paying it up until Aug 2014, however upon declaring myself as self employed, they have been notified and stopped paying it.

 

However I believe prior to Aug 2014, at lease 6 years had past while the PPI had paid the debt, and subsequently I hadn't acknowledged the debt.

 

My thought it, if PPI was paying it, does that class as acknowledgement of the debt, or can I still claim statute barred and have the defaults removed?

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as it was from the PPI policy that you took out

and most probably instigated

I don't think you can absolve yourself from not being the payee.

 

 

others may have a different view

 

 

the default however, should not have been placed until a default notice had been issued

give you 14 clear days to rectify the issue.

 

 

what happened to interest whilst the PPI was paying this off.

I content it should probably have been frozen?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Thanks dx, but I'm probably miss-leading you. I didn't take out PPI.

 

Its was a RiverIsland store card supported by Santander.

 

 

One day I lost my job and I noticed someone (clydesdale bank) was paying the minimum balance and the interest for me.

 

 

I had worked from many years subsequent to that, however as the store card was being paid off, and Santander wasn't chasing me,

I just allowed them to pay the minimum amount for 5+ years.

 

I just checked with the ex-wife, there was not notices given.

 

 

She would hand me the post as and when a letter came.

 

 

As I didn't change my address with them, technically they should have served notice to my old address, being the family home.

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so there was an old SO or DD running?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Yes, there would have been a SO or DD. (we're taking a long time ago). It must have been stopped due to a lack of funds. At which point a third party started paying the debt for me. I don't remember being informed about PPI. In store, I just signed a form and took the goods without handing over cash.

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