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    • doesn't say will anything. read it properly and carefully.   only the owner of a debt can get one of the many fake/tame paperwork only solicitors to issue any proceedings and they would have to abide by the courts pre action protocol of 30  days letter first!   as it's owner...i can try and instruct my dog to sit, if it does is a totally different matter. if my neighbour, who doesn't own my dog, tries it, it would ignore them.   the bottom line is there is nothing anyone can do to you. gyms don't do court gym debts don't appear on credit files.   any DCA they might get to write to you ARE NOT BAILIFFS any a DCA has ZERO legal powers on any debt, no matter what it's type.   dx    
    • This letter arrived in the post today, please advise how to proceed. I know the forums say they won't action but am very worried about this
    • go save his bacon clint and put him right...   dx  
    • one multipage pdf only please read our upload guide carefully please   dx
    • Good to hear from you, London, I was wondering how you were getting on.   Take care.  
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2004 Default removal? -JD Williams /Hoist Portfolio


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Hi,

 

I would really appreciate some advice on trying to remove a default I have with HOIST PORTFOLIO HOLDING 2 LIMITED.

 

Despite me not having a debt with this company and despite me pursuing them for evidence of a debt

(they say it originates to a mail order account opened with JD Williams in 2004

at an address I only temporarily resided at)

 

 

they have failed to provide proof and continue to place a default on my credit file.

 

 

They are claiming the account was receiving payments through a debt management company until 04/2011

when they claim it was defaulted.

 

 

However they have no proof of these payment and

when I contacted the DMC concerned they said they had no evidence either.

 

I have just been turned down a mortgage with Santander because of this,

despite me showing evidence to them of where I have requested proof

and also complained to the Financial Ombudsmen.

 

 

They refused to "take my word" for it and said I could only get the mortgage

if I got Hoist Portfoliio to admit they were wrong

(I tried to explain it isn't in their interest to do this as they just want the money regardless

but they wouldn't take this on board).

 

 

Santander's mortgage advisor said well go to the police or the Chief Exec of the Debt Collection company.

Very helpful!?!?

 

the last correspondence I had (further to an Ombudsmen complaint) from Hoist was to say the following:

 

"My understanding of your complaint is you are unhappy with the default against your credit file

as we have not provided evidence of your liability.

 

 

JD Williams have provided a reconstituted agreement along with a statement of account.

The account was opened in your maiden name.

 

 

JD Williams have also advised they hold a record of the account being paid

by a debt management company however no payments have been received by us.

 

 

We would therefore respectfully suggest that you pay us using the reference on this letter.

We are therefore satisfied the reporting on your credit file is correct."

 

Any advice on how I tackle this would be hugely appreciated

 

Thanks

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so actually nothing to do with hoist the debt buyer

but with JDW as theywould have placed the default on your file.

 

 

have you ever sent JDW an SAR to get all the info they have on you?

 

 

and as this was taken out when you were resident with other people

I would supect that this is ID theft, which in those kind of places is quite common.

 

 

dx

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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I haven't sent a SAR no. JD williams never placed a default.

 

The default was only placed in the last 12 months by Hoist even though they're saying it defaulted in 2011 they didn't record it from then.

 

I spoke to Jd Williams and they asked me to send them bank statements showing I wasn't residing at the property when the account was opened.

 

Obviously I refused to do that.

 

I then reported them to the Ombudsman.

 

Hoist then told me not to liaise with Jd williams but to only contact them.

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a debt buyer cannot default a debt only 'update' an existing one

neither can they change the original defaulted date.

 

 

why not send JDW proof you were living else where by some other means.

 

 

CTAX? rent bill? util bill?

 

 

cant se why they want bank statements other than to prove address

 

 

nothing to stop you blanking everything out bar the address stuff.

 

 

I'd be still sending that sar

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Asking for bank statements allows them new access to the account numbers and sort codes if the document is not fully redacted. CT bill will suffice as will the address links from the CR files....

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Report them to the ico for incorrect reporting on your credit file. It's in breach of the data protection act.

 

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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