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  • FIRST POST
    • stonesy
    • By stonesy 27th Feb 18, 3:30 PM
    • 26Posts
    • 1Thanks
    stonesy
    Aqua/Hoist
    • #1
    • 27th Feb 18, 3:30 PM
    Aqua/Hoist 27th Feb 18 at 3:30 PM
    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
Page 1
    • zx81
    • By zx81 27th Feb 18, 3:36 PM
    • 17,231 Posts
    • 18,313 Thanks
    zx81
    • #2
    • 27th Feb 18, 3:36 PM
    • #2
    • 27th Feb 18, 3:36 PM
    • 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?
    Originally posted by stonesy
    1) No, but you could ask for it to be backdated.
    2) What recharges are you claiming and why?
    • stonesy
    • By stonesy 27th Feb 18, 5:20 PM
    • 26 Posts
    • 1 Thanks
    stonesy
    • #3
    • 27th Feb 18, 5:20 PM
    • #3
    • 27th Feb 18, 5:20 PM
    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!
    Last edited by stonesy; 27-02-2018 at 5:22 PM.
  • National Debtline
    • #4
    • 28th Feb 18, 11:44 AM
    • #4
    • 28th Feb 18, 11:44 AM
    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
    • zx81
    • By zx81 28th Feb 18, 12:19 PM
    • 17,231 Posts
    • 18,313 Thanks
    zx81
    • #5
    • 28th Feb 18, 12:19 PM
    • #5
    • 28th Feb 18, 12:19 PM
    I was under the impression I couldreclaim the high charges or late payments and over limit fees? Is that not the case?
    Originally posted by stonesy
    No, it's not the case.
    • stonesy
    • By stonesy 28th Feb 18, 1:18 PM
    • 26 Posts
    • 1 Thanks
    stonesy
    • #6
    • 28th Feb 18, 1:18 PM
    • #6
    • 28th Feb 18, 1:18 PM
    No, it's not the case.
    Originally posted by zx81
    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
    • #7
    • 28th Feb 18, 2:10 PM
    • #7
    • 28th Feb 18, 2:10 PM
    I just want to find a fault/reason for it to be removed entirely, as my goodwill letters have fallen on deaf ears.
    Originally posted by stonesy

    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
    • zx81
    • By zx81 28th Feb 18, 2:13 PM
    • 17,231 Posts
    • 18,313 Thanks
    zx81
    • #8
    • 28th Feb 18, 2:13 PM
    • #8
    • 28th Feb 18, 2:13 PM
    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
    Originally posted by stonesy
    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
    • By stonesy 28th Feb 18, 4:03 PM
    • 26 Posts
    • 1 Thanks
    stonesy
    • #9
    • 28th Feb 18, 4:03 PM
    • #9
    • 28th Feb 18, 4:03 PM
    It's in reference to fees which were too high or wrongly charged.

    Which fees do you believe were too high or wrongly charged?
    Originally posted by zx81
    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
    • By fatbelly 28th Feb 18, 4:45 PM
    • 12,341 Posts
    • 9,386 Thanks
    fatbelly
    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?
    Originally posted by stonesy
    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
    • By stonesy 12th Mar 18, 7:54 PM
    • 26 Posts
    • 1 Thanks
    stonesy
    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?
    • stonesy
    • By stonesy 13th Mar 18, 1:37 PM
    • 26 Posts
    • 1 Thanks
    stonesy
    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?
    • fatbelly
    • By fatbelly 13th Mar 18, 7:02 PM
    • 12,341 Posts
    • 9,386 Thanks
    fatbelly
    You can try a complaint to the ICO.

    Let us know how you get on.
    • stonesy
    • By stonesy 25th Mar 18, 3:47 PM
    • 26 Posts
    • 1 Thanks
    stonesy
    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...
    Last edited by stonesy; 25-03-2018 at 3:50 PM.
    • stonesy
    • By stonesy 29th Mar 18, 9:47 PM
    • 26 Posts
    • 1 Thanks
    stonesy
    OK so I have some updates,

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