Robinson Way / Hoist Portfolio 2 / Resolvecall (Cahoot Flexi) - Stat Barred?

[maccos]

Hi All,

i was wondering if anyone had advice on this. I have received various letters from Robinson Way / HPH 2 over the years regarding a very old Cahoot Flexi Loan, which was defaulted on in 2009. The last interaction i had with them (specifically Robinson Way) was in 2015, when i requested a copy of the CCA and proof of last payment. They sent some sort of scan of a CCA which had cahoot and santander branding on it from 2001 and nothing more - no transaction info.

Around 2 months ago i had a letter from HPH2 basically saying 'Sorry, we should have been sending you yearly statements' and the letter contained 3 annual statements dating back to 2015.

Last week i had a letter from some company called Resolvecall regarding this and this morning they turned up at my home - i wasnt in and my ring doorbell showed a missed ring. I played it back and it looks like the chap went next door to my neighbour and the video recording seems to have Audio of this chap discussing me with a neighbour (which we never talk to unfortunately).

I have recently obtained bank statements for one account dating September to December 2013 as i thought i made some from of payment to cahoot in 2013 but i cannot find a single payment reference to anything regarding this account - Today ive requested statements for a second closed bank account from 2013 as well to check nothing has been paid.

Does anyone have any idea what the next steps might be? I'm 99% sure it is statute barred but i have no idea what i should do know to find out, and there is nothing at all on my Credit reports about this.

Thanks

[nightwatch]

Hi welcome to AAD,
could you give a little more info on this
.
When was account opened.
was it sold to HPH" straight away or passed round before they got it
when was the last full payment made to it
whan was the last payment made to anyone
when you asked for the CCA did you send the £1 fee,

Resolve call are just making sure you live there, they have no powers what so ever, they will have been paid a fee to visit you,try and put you in touch with RW to set up a repayment plan,
IF they call again when you are home don't open the door, just tell him, through your *Ring doorbell, " not today thanks, bye", (you do have the sticker up saying they are on camera/being recorded ?)

RW, HPH do not check if an account is SB, they just keep asking for money.

They have 2 of my accounts, both Unenforceable, by way of faulty CCA, Both SB, they still like to write to me, who am I to spoil there enjoyment at spending money sending letters that I never reply to,
they even sent a "Field agent" to visit me and I don't even own a field. My Ring sticker says "smile for the camera"

NW

[maccos]

Hi Nightwatch,
in answer to your questions:
- the account was opened in 2001
- No, if i recall i had some sort of contact from a company called DRMS, Apex and then Moorcroft but it was years ago
- No payment to anyone has been made since some point in 2013, and never to Robinson Way/Hoist.
- I didnt send any fee when i asked for the CCA as i recall (and cross checking the backdated statements, there is no payment in these statements that they have suddenly sent me)

Yes i have the ring sticker
Interesting that they do not check if it is SB - i just find it strange that they suddenly sent back dated statements as far as 2015 and now this resolvecall company have turned up.

Just want to be prepared should they try their luck with a CCJ, hence me getting old bank statements to make doubly sure that nothing has been paid.
Should i put in GDPR request to Hoist or Robinson Way? (to be honest its not clear to me who owns this - Hoist or Robinson way - the statements came from Hoist but all letters come from Robinson Way, with a a reference to a company called HFUKH2L, other letters say HPH2 though.

[nightwatch]

all letters come from Robinson Way, with a a reference to a company called HFUKH2L, other letters say HPH2 though.

They are all the same company, for some reason they assigned the accounts to themselves under a slightly differing name, with RW doing the leg work,
But there is some interesting reading for you from our prefered solicitor;

HOIST FINANCE UK HOLDINGS 1 LIMITED & HOIST FINANCE UK HOLDINGS 2 LIMITED

3rd July 2019, 23:07



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 I wouldn't worry about a CCJ at the moment, just let them continue to waste money on calls and postage,
the issue of statements is a small legal matter,I take it they took oner the account in 2005?, BUT if you are sure the Account is SB it is of no consequence,

I doubt a GDPR will give you anything other than when they bought the debt, they may not have any info on when it was last paid, just check the other bank statements when you get them and keep us in the loop,

NW

[maccos]

Hi Nightwatch,
thanks for the info- it seems they took it over this account in 2015- I have read an investor release on the hoist site that suggests they bought a load of Santander accounts in October 2014 so it may have been part of that.

the info on your last post is very interesting - I checked out some info on the statements that hoist finance uk sent and on the back it says that Hoist Finance UK Administer the account, but Hoist Finance UK Holdings 2 Ltd are the legal owners, who do not seem to be FCA regulated.

i will of course post an update once I have further statements but your last post does give me some reassurance that it’s some way off Court stage- and I actually can’t find any historical letter that seems to suggest ‘possible court action’ which is... strange? I think if this develops any further I will certainly seek to engage the solicitors who posted the info up in your previous post as they seem to have a lot of knowledge about this company.

many thanks for your input so far!

[Joanna Connolly Solicitors]

- the account was opened in 2001
- No, if i recall i had some sort of contact from a company called DRMS, Apex and then Moorcroft but it was years ago
- No payment to anyone has been made since some point in 2013, and never to Robinson Way/Hoist.
- I didnt send any fee when i asked for the CCA as i recall (and cross checking the backdated statements, there is no payment in these statements that they have suddenly sent me)

. . . . i just find it strange that they suddenly sent back dated statements as far as 2015 and now this resolvecall company have turned up.

Just want to be prepared should they try their luck with a CCJ,

If you didn't send the £1 statutory fee with your s 77-79 CCA Request then you won't have protected your legal position. Don't send another request until more facts have been established.

Definitely don't send a Subject Access Request to Hoist or Robinson Way either.

Do you have the date of your last payment in 2013 to establish whether this debt is Statute Barred or not?

Were those statements you were sent (backdated to 2015) Notice of Sums in Arrears (s86) > http://www.legislation.gov.uk/ukpga/...d-default-sums

How much is the outstanding balance on this debt?

Sorry for all the questions but it's important to get all the facts before making suggestions as to your next step.

Di

[maccos]

Hi Diana,
in terms of the CCA request, i did actually send a postal order - i cannot recall whether or not this was cashed though as it was a long time ago - the template i used for the CCA was from the old Consumer Action group forums.

I have not sent a GDPR/SAR request to Hoist/RW, but i did send one to Resolvecall. No reference was made to RW/Hoist. However, i have received a letter over the weekend from Hoist saying something along the lines of a SAR being processed. Which is odd, as i have never made one directly to them.

I have now had statements from my old bank accounts from September to December 2013. No payments were made at all to this account, anything that may have been paid to the original lender will be pre September 2013.

Outstanding balance showing is 6k

The statements sent do say notice of sums in arrears.

[The Tech Clerk]

resolvecall probably forwarded on as you sent it to the wrong people

[maccos]

Possibly, but it was explicitly to them - I wanted to know what data that company specifically held under GDPR.

[Joanna Connolly Solicitors]

I can't comment on whether the CCA Request you sent Hoist in 2015 (using another forum's template) acknowledged the debt, but you also say in your first post that you asked them when the last payment was made at the same time (2015), so this may have been an acknowledgement in Statute Barred terms.

SB status isn't only dependant on the last payment. The Default date is relevant too, although I see from your first post you say the account was defaulted in 2009.

Resolvecall are/were acting as the agent for Hoist (debt owner) so it seems that Resolve forwarded your Subject Access Request to them (Hoist). I'm not sure why you sent a SAR to Resolvecall, but perhaps you missed my earlier post when I advised not to send a SAR to anyone?

Robinson Way are a Debt Collection Agency - they are owned by Hoist.

You've confirmed that the statements sent were Notice of Sums in Arrears which means they've remedied that flaw (failure to serve them) retrospectively.

You've also confirmed that you did send the £1 statutory fee with your s77-79 CCA Request so you don't need to send another request. Have you kept copies of all correspondence and documents sent?

Unless you receive a Letter of Claim from Hoist's solicitors (Howard Cohen) I wouldn't enter into any dialogue with them, or Robinson Way, or Resolvecall. If you do receive a Letter of Claim then post on the forum before you respond. It gives you 30 days to do that, so there's time to deal with it.

We have been successful in court with other challenges to claims issued by debt purchasers who are unauthorised by the FCA. Jo posted the legal relevance here >

On 24 April 2019 we were successful in a consumer credit Appeal on the issue of FCA Authorisation - or rather, lack of FCA Authorisation. Idem Capital Securities Limited admitted in court they were not authorised by the Financial Conduct Authority to exercise the rights of a lender but said they were exempt as they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties that there was a valid servicing agreement in place. The issue for the Circuit Judge to decide whether Idem Capital Securities Limited could rely on the exemption under paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that Idem Capital Securities Limited was not able to rely on the FCA authorisation of an affiliated 3rd party ( paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed.

Idem Capital Securities Limited did not appeal the judgment.

If you are currently defending a claim with Idem Capital Securities Limited, whether stayed or ongoing or Idem have obtained a Default Judgment against you and you have any query please post any queries on this thread..

Di

[maccos]

Hi Diana,
thanks for the response - the reason i sar'd resolve call was in anger due them visiting my neighbour (captured on camera) and having a discussion with them, so i put in a GDPR to try and find out what they had discussed with them - probably a bit hasty but i wasnt very happy about them possibly discussing something with a neighbour (particularly one we don't get on with ha!), i=and was done before i read your post...

i know there has not been an acknowledgement in any letters i have sent, so i'm confident that is covered.

I think from my point of view, if i receive a claim, i will post up here and then proceed to engage your services formally.

final question - should i actually SAR Cahoot/Santander? i have nothing at all from them historically.

[Joanna Connolly Solicitors]

I completely understand your anger at Resolvecall talking to your neighbour.

However you don't know what was said at this stage. It may have been a general question seeking to establish who lived in your property. If they (Resolvecall) revealed personal information about you to a third party (your neighbour) then they will have breached GDPR and a complaint can be made to them and the ICO in due course.

At the moment it's probably best to keep your head down.

My guess is Hoist (using Robinson Way) are checking your whereabouts with the intention of issuing a claim at some point. I say this because they appear to have remedied the NOSIA issue which would have made the debt unenforceable until or unless remedied.

They may not do anything, but try not to draw attention to your file in case it prompts them to look closer at the facts. If it's touch-and-go on the SB date, then they may issue a claim to beat the clock.

If the debt really is SB, and if they haven't complied with your CCA Request (so it seems), and if Hoist are not FCA authorised, then issuing a claim may not be as successful as they would wish

Di