Aqua/Hoist

Options
stonesy
stonesy Posts: 35 Forumite
First Post First Anniversary Combo Breaker
in Debt-free wannabe
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 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 my charges?

Many Thanks
«1

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Options
    stonesy wrote: »
    • 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 my charges?

    1) No, but you could ask for it to be backdated.
    2) What recharges are you claiming and why?
  • stonesy
    stonesy Posts: 35 Forumite
    First Post First Anniversary Combo Breaker
    edited 27 February 2018 at 6:22PM
    Options
    I was under the impression I couldreclaim the high charges or late payments and over limit fees? Is that not the case?


    I have also had correspondence both stating that the other party placed the default. So neither of them can confirm not deny placing the default in the first place!
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Options
    Hi stonesy


    If you can see the debt is on your credit file with Hoist's details and a default, that means Hoist registered it. It is possible for the original creditor's entry to still show as well, can you see that on your credit file? If they have an entry and default, Hoist would have been obliged to use the same default date.


    The Information Commissioner's Office (ICO) says:


    'As a general guide, [a default may be recorded] when you are 3 months in arrears, and normally by the time you are 6 months in arrears.'

    On that basis you can ask for the default to be backdated to a more appropriate date. If they won't agree you can take your complaint to the ICO www.ico.orguk. There is a very useful guide to doing this here https://debtcamel.co.uk/debt-default-date/.


    One word of warning, if you are not paying the debt and are hoping they will run out of time to pursue you (this is known as a statute barred debt), sending letters acknowledging the debt will restart the 6 year period they have to take court action. It is possible your SAR has already done that.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Options
    stonesy wrote: »
    I was under the impression I couldreclaim the high charges or late payments and over limit fees? Is that not the case?

    No, it's not the case.
  • stonesy
    stonesy Posts: 35 Forumite
    First Post First Anniversary Combo Breaker
    Options
    Deleted_User wrote: »
    No, it's not the case.

    If I cannot claim fees back what is this article in reference to?

    https://www.money.co.uk/guides/how-to-reclaim-your-credit-card-charges.htm

    Re. the statue barred status, it won't matter to me as the debt was settled in full i.e. it's paid and shown as satisfied on my credit file, but with the wrong date (a year out).

    I just want to find a fault/reason for it to be removed entirely, as my goodwill letters have fallen on deaf ears.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Options
    stonesy wrote: »
    I just want to find a fault/reason for it to be removed entirely, as my goodwill letters have fallen on deaf ears.


    Hi again stonesy


    You won't be able to get the default removed completely but you may be able to get it backdated. You can argue it should have been registered when you were in between 3 and 6 months arrears. This will have the benefit of the debt dropping off your credit file sooner. This happens 6 years after the date of the default.


    The earlier link I posted explains what you should include in your complaint letter. If you don't have any joy, it's time to contact the ICO.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Options
    stonesy wrote: »
    If I cannot claim fees back what is this article in reference to?

    https://www.money.co.uk/guides/how-to-reclaim-your-credit-card-charges.htm

    It's in reference to fees which were too high or wrongly charged.

    Which fees do you believe were too high or wrongly charged?
  • stonesy
    stonesy Posts: 35 Forumite
    First Post First Anniversary Combo Breaker
    Options
    Deleted_User wrote: »
    It's in reference to fees which were too high or wrongly charged.

    Which fees do you believe were too high or wrongly charged?

    The fees I'm referring to are Late Payment Fees and Overlimit fees - I was under the assumption these could be claimed back if above the £12 OFT ruling?
  • fatbelly
    fatbelly Posts: 20,494 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Options
    stonesy wrote: »
    The fees I'm referring to are Late Payment Fees and Overlimit fees - I was under the assumption these could be claimed back if above the £12 OFT ruling?

    You could certainly have a go. It's a few years since this was a big issue. Here is Martin's guide from that time

    https://www.moneysavingexpert.com/reclaim/credit-card-charges
  • stonesy
    stonesy Posts: 35 Forumite
    First Post First Anniversary Combo Breaker
    Options
    Hi All

    Little update, I have had either some good news or bad news...

    I just need some clarification now from you all please.

    Aqua have confirmed they can not provide ANY data relating to the closed account, nothing, nada, nil.

    Where do I stand now? As the default remains on my credit file, so can I now pursue getting it removed entirely on the basis they can't provide evidence they issued a default notice at all?
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards