Hoist/Cohen claimform - old overdraft

[GY-UK]

Hi - for the student overdraft account we got a letter through saying they have not had a response from the original creditor (this is when we asked for CCA and payment details  - this was over a year ago). They said they have temporarily stopped action whilst they wait for a resolution. Should they be able to log this on a credit file still?

 

In regards to the credit card CCA, I will look at uploading it in a PDF (partner has had family stuff going on) - I assume there's a redaction guide in the link you gave as well?

 

Thanks for your help.

[GY-UK]

Yes I think both are stat barred its over 6 years. What would our next steps be, send a SAR to Lloyds regarding the credit card payments?

 

In regards to the overdraft, Robbersway haven't provided any evidence or information in regards to it and have a default on credit file, what should we do to fix that?

 

Thanks again.

[dx100uk]

send robbersway our SB letter from the debt collection section of our library.

 

whats the date of the default on the OD?

 

dx

 

[GY-UK]

The OD, we asked for CCA and evidence over a year ago and they've only recently come back and said they have no info from Lloyds.... however, they have somehow deduced the default was 11th March 2016. How have they determined that when they admit they have no info?

[dx100uk]

CRA? you mean CCA? 

you can't CCA an OD

forget what the dca says totally

what does your credit file say

 

dx

 

[GY-UK]

Yep CCA, my bad. 

 

Credit file says OD default date 11/03/2016 updated to 14/03/2021.

 

Can you update a default?

[dx100uk]

a debt buyer can't change the defaulted date or more correctly, for an OD, the date the original creditor sent you a Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice.

 

and if your last use of the OD or payment was several months if not years before that was registered you have a case against lloyds to possibly get that rectified

 

how are gauging the defaulted date has been 'updated?, ignore the calendar section of any credit report that might show D, thats immaterial. its the the date next too defaulted date XXXXX in the debt summary is the important one.

 

 

[GY-UK]

On the credit file there's a start date for the OD account, a default date (11/03/2016) and an "updated to" date (14/03/2021).

 

This info from Hoist/Robbersway according to Experian they said they can't guarantee the accuracy of it.

[dx100uk]

the updated date is immaterial.

your online credit file should hold payment info too if you are lucky?

does it?

 

dx

 

[GY-UK]

Can I paste a sanitised screenshot? No payment info on there

[dx100uk]

darn.

[GY-UK]

Yeah just has dates going back 12 months with the balance owed which seems to have changed actually for a couple of months by the looks of it. I'll scan and put in a PDF.

[GY-UK]

Hi - uploaded the info.

 

Do we need to SB Robbers about the OD then? They took over a year to come back and say they had nothing so will be interesting.

 

Are they allowed to add a default to credit file when they have no info to base that on? Experian shrugging their shoulders which is nothing new. Robbers clearly in the wrong here.

GY-UK.pdf

[dx100uk]

ok that makes things clearer.

 

they aren't adding a (problematic) default, they are simply updating the status in the calendar section with what the OC place there, which really means nor changes anything and is what they are allowed to do as the new owner.

 

the registered defaulted date is the important bit, and the fact the OC LLoyds , failed to default in a timely manner.

 

now there was a later change by the ICO in the rules, but for 2014, your last payment date , they should have served, under 76(1) and 98(1) of the CCA1974, a Demand /Recall Notice within 3-6mth, that has legs for you.

 

lets get the data from the lloyds SAR and we'll p'haps move this OD FWD.

 

dx

 

[GY-UK]

Thank you... so the next steps are for the OD - SAR to Lloyds, would that also help with the credit card? Last payment in 2014 but another late default.

[dx100uk]

an sar is for everything an org holds on you!.

read it

 

click sar

 

dx

[The GodMother]

following as l have a old lloyds cc. even older than your and have paid nothing since 2012. Tho earlier this year after re checking my credit file for the first time in 2 years l started having phone calls and letters. 

[GY-UK]

Name of the Claimant ? Hoist finance UK holdings

 Date of issue – 05 May 2021

 

Particulars of Claim

 What is the claim for – 

1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted>

2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served.

3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. 

  4.The claimant claims

1. The sum of £2291
2. Costs

 

What is the total value of the claim? 

 

Account Claimed £2291

Court Fee – £105.00

Legal representation - £80
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No (did inform Lloyds, not Hoist)

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft
 

When did you enter into the original agreement before or after April 2007 ? after 
 

Do you recall how you entered into the agreement...On line /In branch/By post ? In branch
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser has issued claim
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019
 

Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.

 

In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this claim).

 

What was the date of your last payment? 2014
 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter a debt management plan? No

 

Background:

 

• Student account overdraft with Lloyds
• Last payment made was in 2014
• Robinsons Way/Hoist contacted in late 2019
• Asked for CCA 19th February 2020
  • Received communication stating they were trying to obtain CCA 23rd February 2021 
  • Robinsons Way/Hoist said they would cease action until they obtained information from Lloyds
• Heard nothing from Robinsons Way/Hoist until the CCJ claim
• Despite the lack of relevant information from Lloyds as per the above, Robinsons Way/Hoist marked the account as defaulted on credit file 11th March 2016 
  • No idea how they came up with this date if they don't have necessary paperwork from Lloyds

 

 

[dx100uk]

go file the sb defence as with your other thread.

RW didn't default you Lloyds did on or before sale

 

 

[GY-UK]

Thanks. For the CC SB defence we had the last payment date, but don't have one for the OD. I only know it was 2014 (is it okay to state 2014 or do I need a date?). No information was provided by Hoist. I have sent a SAR to Lloyds, they have acknowledged but have not sent the info yet.

 

Do I mention the fact that there was no CCA or any information provided by Hoist in regards to the original debt - also they said the account has no further action until they get this info?

[dx100uk]

CCa is not applicable to OD's as said above 

why don't you go ring Lloyds and ask?

 

 

[GY-UK]

Hi @dx100uk, sorry thought I had replied to this. We submitted the defence the same day you posted (11th May).

 

Re Lloyds, partner went into branch two years ago as she needed statements for referencing purposes and she asked about the student overdraft account to see if she could resolve (had just started working again) and they had no records to provide to her apparently. 

 

Still waiting for the SAR info from Lloyds to come through.

[AndyOrch]

Topic open.

 

Andy

[GY-UK]

Thanks @Andyorch - I received this letter in the post (picture at the moment as I'm not at home, I had to get someone to take a pic) along with thirty-odd pages of statements/transactions for some reason. I was concerned when I read the "Judge's order" as I thought there had been a hearing which we weren't aware of, but it looks like an amendment to the claim?

hoist-letter.pdf

[dx100uk]

did you  not get a copy of the judges order?

what has happened since you filed sb defence your last post?