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  • Originally posted by Rosebud View Post
    thank you for your reply.
    My husband isn’t aware of this, so I would prefer if I could prevent them calling.
    Shall I send a threat of doorstop visit / harassment letter ?
    Hoist Finance UK Holdings 3 Limited do not appear to be FCA compliant
    I presume that Hoist Finance are appointed to manage the account .
    Prior to this Idem Servicing were the Owners? Idem Servicing may well have had FCA problems of their own!

    It seems that Hoist Finance UK Holdings 3 Limited may be in a similar situation to Hoist Finance UK Holdings 1 Limited AND Hoist Finance UK Holdings 2 Limited

    "..
    https://all-about-debt.co.uk/forum/d...ed#post1526256
    HOIST FINANCE UK HOLDINGS 1 LIMITED & HOIST FINANCE UK HOLDINGS 2 LIMITED

    3 July 2019, 22:07
    Both of these companies are not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

    Their cases, or their predecessors Hoist Portfolio Holding 2 Limited and Hoist Portfolio Holding 2 Limited, rarely reach trial in cases we are involved with. They have not been successful at trial with us.

    We look forward to using the same legal arguments in the future against Hoist which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

    The Hoist companies also have issues with their assignment process and documentation.
    .."

    So it looks as if there may be Assignment issues with this Debt.

    Was your CCA request ever fulfilled?
    10/18: letter from Idem stating they are unable to supply me with a copy of CCA so UNENFORCEABLE, SAFELY FILED.

    October 2019 , letter received from Idem stating that the account has been purchased by Hoist Finance UK Holdings 3 Limited.

    So the next point is did you ever send Hoist (RW are part of Hoist Group) a SWID? (Sold Whilst In Dispute?)

    Unless others suggest otherwise:

    I suggest that you could do this now! Send it by SPECIAL Delivery PLUS a threat of doorstop visit / harassment letter!
    Send copy of both to RESOLVECALL again by SPECIAL DELIVERY. This is a disputed Account!

    Any body knocks on your door with a Resolvecall Card close the door without comment!



    Comment


    • Originally posted by Roger View Post

      Hoist Finance UK Holdings 3 Limited do not appear to be FCA compliant
      I presume that Hoist Finance are appointed to manage the account .
      Prior to this Idem Servicing were the Owners? Idem Servicing may well have had FCA problems of their own!

      It seems that Hoist Finance UK Holdings 3 Limited may be in a similar situation to Hoist Finance UK Holdings 1 Limited AND Hoist Finance UK Holdings 2 Limited

      "..
      https://all-about-debt.co.uk/forum/d...ed#post1526256
      HOIST FINANCE UK HOLDINGS 1 LIMITED & HOIST FINANCE UK HOLDINGS 2 LIMITED

      3 July 2019, 22:07
      Both of these companies are not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

      Their cases, or their predecessors Hoist Portfolio Holding 2 Limited and Hoist Portfolio Holding 2 Limited, rarely reach trial in cases we are involved with. They have not been successful at trial with us.

      We look forward to using the same legal arguments in the future against Hoist which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

      The Hoist companies also have issues with their assignment process and documentation.
      .."

      So it looks as if there may be Assignment issues with this Debt.

      Was your CCA request ever fulfilled?
      10/18: letter from Idem stating they are unable to supply me with a copy of CCA so UNENFORCEABLE, SAFELY FILED.

      October 2019 , letter received from Idem stating that the account has been purchased by Hoist Finance UK Holdings 3 Limited.

      So the next point is did you ever send Hoist (RW are part of Hoist Group) a SWID? (Sold Whilst In Dispute?)

      Unless others suggest otherwise:

      I suggest that you could do this now! Send it by SPECIAL Delivery PLUS a threat of doorstop visit / harassment letter!
      Send copy of both to RESOLVECALL again by SPECIAL DELIVERY. This is a disputed Account!

      Any body knocks on your door with a Resolvecall Card close the door without comment!


      Hi, my CCA was never resolved, I have only just started receiving letters again. I didn’t send a SWID. I will get them done today.
      thank you.

      Comment


      • Originally posted by Rosebud View Post

        Hi, my CCA was never resolved, I have only just started receiving letters again. I didn’t send a SWID. I will get them done today.
        thank you.
        Hi roger would you please be kind enough to direct me to a SWID template please, I cannot seem to locate one. Thank you so much.

        Comment


        • Account Sold whilst in Dispute

          The Creditor will be IDEM
          suggest you join AAD+ click on header at start of thread

          Comment


          • [QUOTE=Roger;n1542476]Account Sold whilst in Dispute

            The Creditor will be IDEM
            suggest you join AAD+ click on header at start of thread[/QUOTE

            thanks Roger, I am already a member. I were posted tomorrow. Thank you for your help.

            Comment


            • Originally posted by Rosebud View Post
              So now debts , I will complete one entry for each.

              Type of account : credit card ( previously MBNA )
              date commenced : ? I haven’t got any documentation , but it will be before July 2008.
              Approx balance : £2500.00
              Date last paid: before July 2008
              On DMP , running from July 2008
              Status : default
              Account owner : Idem servicing

              06/09: letter from MBNA re my ‘financial difficulties ‘.
              10/11: letter from MBNA re my ‘financial difficulties ‘.
              10/11: Default notice, to remedy this ‘breach’ need a payment of £5402.44
              11/11: letter from MBNA informing me that my account has been terminated £7366.05 outstanding.
              01/12: welcome letter from Idem
              01/13: statement
              01/14: statement
              01/15: statement

              10/17: letter sent to Idem offer F&F
              10/17: letter from Idem stating they are unable to accept F&F offer.

              01/18: statement
              09/18: letter from Idem thanking me for my recent CCA request.
              10/18: letter from Idem stating they are unable to supply me with a copy of CCA so UNENFORCEABLE, SAFELY FILED.

              10/18 letter received today from MBNA advising me that they should have sent me a Notice of Sum in arrears ,
              in 2009, as a result of an error that didn’t happen.
              So to put things ‘right’ they are advising me now. They also included an ‘arrears’ leaflet.
              Not bad really is it only 9 years later than when I should have received it.

              12/2018: letter from Idem servicing advising that there is no agreed payment plan in place for my account. Unless we are able to rectify this within the next 7 days my account will be reviewed for further action...

              PLAN: file letter

              Letter dated 1/19 from Idem stating that the full balance is now due, it is essential that I make contact with them within 7 days to solve this and prevent further recovery action. PLAN : file

              letter dated 1/19: statement

              letter dated 1/19, ‘we are increasingly concerned that we have not been able to speak with you about your account, they would like to understand my situation so they can place me on the most appropriate payment arrangement. Failure to do so may result in
              1) a representative may be instructed to visit your property
              2) my account may be placed with an external debt collection agency.

              PLAN : File

              April 19: letter

              March 2019 : letter received from Idem, they advised that they have been trying to get hole of me on a number of occasions to discuss my account.

              02/2019
              Letter received from Idem , requesting that I make contact within 10 days as they have attempted to contact me on a number of occasions. Should they not receive any contact then ‘we will’ appoint an external company , Resolvecall, to visit my property, to regain contact so my current financial situation can be discussed and repayment plan put in place ....

              PLAN : Do I need to respond to this or just file ?

              Feb 2019 : letter received from Resolvecall they advise that they have been instructed to contact me. Idem state that they have not been able to contact me .......if I do not contact them within 7 days this ‘may’ lead to a visit by one of the representatives...... PLAN : FILE

              March 2019: letter received from Idem ‘ due to the non-payment on my account they have instructed Wescot Credit Services to collect the outstanding balance . ‘ you will be contacted by them to come to a mutually acceptable arrangement... Plan : File

              April 19: letter received from wescot at new address. They are requesting confirmation of same.
              Plan File

              April 19: letter received from wescot advising that they are a specialist debt collection agency , they have been instructed to make contact with me.
              Plan : file

              October 2019 , letter received from Idem stating that the account has been purchased by Hoist Finance UK Holdings 3 Limited.

              October19: letter of assignment received from Hoist Finance.

              October 2019 : welcome letter received from Robinson Way

              NOV 19: Letter received from RW offering me options.

              NOV 19: Further letter from RW offering to tackle this together.

              DEC 19: letter offering me a discount.

              DEC 19: letter asking for contact

              DEC 19: letter from RW sent to my new address. FILED.

              7/9/21: letter received from HoistFinance advising account will be passed to Resolvecall to ‘help me get back on track ‘. Filed away.

              17/9/21: letter received from Resolvecall , advising that they have been instructed to visit me at home , to put me back in touch with HoistFinance. What would you advise please?

              Sept 21 : SWID sent

              September 21 : letter received from Resolvecall advising account returned to client.
              Update as above.

              Comment


              • That sounds like a result to me

                They have passed it back because they clearly know nothing about the account - As per usual

                Sit tight and lets see what happens next
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • Originally posted by Spud View Post
                  That sounds like a result to me

                  They have passed it back because they clearly know nothing about the account - As per usual

                  Sit tight and lets see what happens next
                  most definitely, I will keep you updated. Thank you.

                  Comment


                  • Just received a letter from HoistFinance advising me of ways to pay. ? will file.

                    Comment


                    • Originally posted by Rosebud View Post
                      Just received a letter from HoistFinance advising me of ways to pay. ? will file.
                      Ways to be cheerful - file and ignore.

                      Comment


                      • Originally posted by Still Waving View Post

                        Ways to be cheerful - file and ignore.
                        Hello, thought much thanks for your reply. Have a lovely evening.

                        Comment


                        • they are so thoughtful to remind you of how you could be paying, which also reminds you of how to file and save money
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • Another letter received which advises me of an account which is unenforceable ( MBNA).

                            relatively quite here except some offers of reduced payments which are just being filed.

                            let’s keep it this way and let the months roll by. ?

                            Comment


                            • [QUOTE=Rosebud;n1514954]
                              So now debts , I will complete one entry for each.

                              Type of account : credit card ( previously MBNA )
                              date commenced : ? I haven’t got any documentation , but it will be before July 2008.
                              Approx balance : £2500.00
                              Date last paid: before July 2008
                              On DMP , running from July 2008
                              Status : default
                              Account owner : Idem servicing

                              06/09: letter from MBNA re my ‘financial difficulties ‘.
                              10/11: letter from MBNA re my ‘financial difficulties ‘.
                              10/11: Default notice, to remedy this ‘breach’ need a payment of £5402.44
                              11/11: letter from MBNA informing me that my account has been terminated £7366.05 outstanding.
                              01/12: welcome letter from Idem
                              01/13: statement
                              01/14: statement
                              01/15: statement

                              10/17: letter sent to Idem offer F&F
                              10/17: letter from Idem stating they are unable to accept F&F offer.

                              01/18: statement
                              09/18: letter from Idem thanking me for my recent CCA request.
                              10/18: letter from Idem stating they are unable to supply me with a copy of CCA so UNENFORCEABLE, SAFELY FILED.

                              10/18 letter received today from MBNA advising me that they should have sent me a Notice of Sum in arrears ,
                              in 2009, as a result of an error that didn’t happen.
                              So to put things ‘right’ they are advising me now. They also included an ‘arrears’ leaflet.
                              Not bad really is it only 9 years later than when I should have received it.

                              12/2018: letter from Idem servicing advising that there is no agreed payment plan in place for my account. Unless we are able to rectify this within the next 7 days my account will be reviewed for further action...

                              PLAN: file letter

                              Letter dated 1/19 from Idem stating that the full balance is now due, it is essential that I make contact with them within 7 days to solve this and prevent further recovery action. PLAN : file

                              letter dated 1/19: statement

                              letter dated 1/19, ‘we are increasingly concerned that we have not been able to speak with you about your account, they would like to understand my situation so they can place me on the most appropriate payment arrangement. Failure to do so may result in
                              1) a representative may be instructed to visit your property
                              2) my account may be placed with an external debt collection agency.

                              PLAN : File

                              April 19: letter

                              March 2019 : letter received from Idem, they advised that they have been trying to get hole of me on a number of occasions to discuss my account.

                              02/2019
                              Letter received from Idem , requesting that I make contact within 10 days as they have attempted to contact me on a number of occasions. Should they not receive any contact then ‘we will’ appoint an external company , Resolvecall, to visit my property, to regain contact so my current financial situation can be discussed and repayment plan put in place ....

                              PLAN : Do I need to respond to this or just file ?

                              Feb 2019 : letter received from Resolvecall they advise that they have been instructed to contact me. Idem state that they have not been able to contact me .......if I do not contact them within 7 days this ‘may’ lead to a visit by one of the representatives...... PLAN : FILE

                              March 2019: letter received from Idem ‘ due to the non-payment on my account they have instructed Wescot Credit Services to collect the outstanding balance . ‘ you will be contacted by them to come to a mutually acceptable arrangement... Plan : File

                              April 19: letter received from wescot at new address. They are requesting confirmation of same.
                              Plan File

                              April 19: letter received from wescot advising that they are a specialist debt collection agency , they have been instructed to make contact with me.
                              Plan : file

                              October 2019 , letter received from Idem stating that the account has been purchased by Hoist Finance UK Holdings 3 Limited.

                              October19: letter of assignment received from Hoist Finance.

                              October 2019 : welcome letter received from Robinson Way

                              NOV 19: Letter received from RW offering me options.

                              NOV 19: Further letter from RW offering to tackle this together.

                              DEC 19: letter offering me a discount.

                              DEC 19: letter asking for contact

                              DEC 19: letter from RW sent to my new address. FILED.

                              7/9/21: letter received from HoistFinance advising account will be passed to Resolvecall to ‘help me get back on track ‘. Filed away.

                              17/9/21: letter received from Resolvecall , advising that they have been instructed to visit me at home , to put me back in touch with HoistFinance. What would you advise please?

                              Sept 21 : SWID sent

                              September 21 : letter received from Resolvecall advising account returned to client.

                              january 2022. Letter received from HoistFinance advising me that my account is currently unenforceable as they are unable to fulfill my request for information.

                              Letter Safely filed away. ? NICE ….. one less now.

                              Comment


                              • Very good news but keep an eye on hoist. I stopped them twice from taking court action but unfortunately they started proceedings in October (alleged account is SB now). Just waiting for it to go to court so Joanna Connolly can kick them into touch. Not long now and it should be done and dusted) but been a long 4 month battle.

                                Comment

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