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    • your right to reject has not been affected. at the very least you now have moved into the 6 months period where under the Consumer Rights Act you are entitled to give a single opportunity to repair after which you are entitled to reject the vehicle. maybe it will be a good idea to provide them with a letter to make  clear your position and what will happen if the whole matter isn't completely sorted out.   If that appeals to you then you might like to draft a letter and post it here and we can have a look. I think it's a good idea to state your position clearly so that nobody is in any doubt.   in terms of your part exchange vehicle, if you reject your new car then they will be obliged to refund you the entire asking price of it. In other words they will be obliged to substitute a money value for your old vehicle.   it might be worth stating that as well in your letter for clarity. I would suggest that in the intervening time it would be worth making a list of all the losses that you have suffered as a result of this situation and then if it looks like a worthwhile figure then we can help you claim it back            
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    • Hi -welcome to the Forum. It sounds as if this has been going on for a few months now so it would help us to give you the best information to avoid paying the PCN by  completing the following - Could you please also show the Notice to Keeper front and back  too.
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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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