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dale1988

Newaday Aqua/Hoist - Settled but incorrectly recorded **DEFAULT REMOVED**

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Hi All looking for some advice about getting a default removed and/or corrected as I believe it was applied incorrectly.

 

I have checked my credit file and hoist applied/maintain a default in November 2014, but the last payment I made to AQUA was in April 2013.

 

I have sent SARs to both Hoist and AQUA, I spoke with Aqua and they have stated that Hoist placed the default, and that they can give me no transaction information as account information over 4-5 years old that was sold on has been purged/removed from their systems.

 

Hoist have yet to respond to the SAR.

 

Few questions:

 

  • If the default was applied over a year late, is it incorrect and can it be removed?
  • If AQUA cannot provide transactional history, how can I ever reclaim the late payment and over limit charges?

 

Many Thanks

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aqua put the default on upon sale a debt buyer cannot register a default

the account is less than 6yrs old last transaction

if so they MUST hold the data

under the prevention of fraud act

and the data protection act.

 

I suggest you write then a strongly worded LETTER

giving them 14 days to produce the SAR contents or you'll be making a formal complaint to the ICO.

 

is this an halifax aqua card or a newday one?


..

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Thanks for the swift response, Aqua sent me a response via email from the exec complaints dept stating they no longer had my data on their system and to contact Hoist.

 

The card in question is from New Day.

 

I'll send off another letter referring to my SAR as I've no wish to issue them with another £10.

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you state what I quoted above

send it to newday HQ


..

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Evening,

 

I have had a response from a SAR, the letter states "We are unable to provide any data relating to the closed account in question" end letter...

 

So where do I stand now?

Can I raise a formal complaint to them on the grounds of incorrect default, no evidence one having ever been issued?

(or does the fact it's on my credit file defeat that argument)

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id give the ICO a ring now


..

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Spoken with ICO, they've basically said to raise a "concern" with them? But everything else I read re. ICO complaints is that they are toothless?

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Should I raise a complaint based on the 4th Principle of the DPA, in that they cannot provide any data therefore bringing into question the accuracy of the data they are reporting to CRA? Moreover they cannot surely satisfy CCA compliance given there's no evidence of a default notice ever having been sent?

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" Moreover they cannot surely satisfy CCA compliance given there's no evidence of a default notice ever having been sent? "

 

Again as per your other thread there is no legal connection between a CCA Request request and a Default Notice.Two completely separate instruments.

 

Andy


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" Moreover they cannot surely satisfy CCA compliance given there's no evidence of a default notice ever having been sent? "

 

Again as per your other thread there is no legal connection between a CCA Request request and a Default Notice.Two completely separate instruments.

 

Andy

 

The connection I was trying to make was that as they cannot do the following i.e. they have nothing to evidence that it was even served, how can I ascertain that it wasn't invalid?

 

A copy of the default notice must be served on any guarantor [3].

The default notice must meet certain requirements [4] , and must contain specified information, including:

the nature of the alleged breach of the agreement;

if the breach can be remedied, what action is required and the date before which that action should be taken (the date must not be less than 14 days after the notice is served), and

a clear and unambiguous statement of the action the lender intends to take if the breach is not remedied.

 

If they cannot meet the above they fall foul of CCA, and by my understanding also of DPA section 4, or am I clutching at straws?

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Clutching at straws and mixing your arguments up.....

 

You have.....

 

The agreement...is it valid and can they enforce the agreement...can they disclose the agreement yes or no if not they cant enforce the agreement.

 

The Default Notice...is it valid..legally......was it ever served.....if not they would struggle to enforce an agreement in court without proof one was served and was valid.

 

The DPA and recording of data....was there a breach in the agreement by the debtor...did they serve a valid default notice.....you did not rectify any breach within the prescribed 14 days...then they are entitled to mark your CRAs with the breach which will remain for 6 years from the date of the breach.

 

Keep reading......:-)


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Well I finally received a SAR from Newday!

 

The only problem is, it had my address and name on the envelope but the covering letter had my address with another persons name on it! oh and all THEIR account information! whoops, so I now have someone else's SAR with account information, default, address and phone numbers! :)

 

So Mondays phone call should be interesting, I'll be raising some concerns as to where my data has ended up - do we think this will give me a silver bullet to sway them to remove this default, or off to ICO/newspapers I go...

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no but a complaint will harm them, ICO needs to be told.

 

newspapers = do not get carried away those days have near gone!

 

 

How your information has been handled

If you’re concerned about how an organisation has handled your information – if the information is wrong, they have lost it or disclosed it to someone else – tell us. do it on line at ICO site


:mad2::-x:jaw::sad:

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I have some updates,

 

Aqua have come back and apologised for their blunder, offering to reimburse me to send the SAR back to them

- I've reiterated that I would like the default removing as a gesture of good will, which they once refused already

- but have now gone away to reconsider given the above. (on going waiting for FRL).

However I've also now received my SAR.

 

The default notice I believe could be invalid, it states I have to pay by the above dated DD/MM/YYYY, but then the last paragraph states that I must remedy the breach within 28 days of the date of the letter. So there's two entirely different dates by which to remedy, would this be sufficient to get the default removed?

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scan it up to pdf

read upload


..

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Update: Sent my points across re. the dates on the default, the SAR issued incorrectly etc and have now got the default removed!

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well done!

 

dx

 

 

 

 

 

 

 

 

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