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  • #16
    Originally posted by Diana Mayhew View Post


    Can you just clarify if this Barclaycard (ex-Egg) has now been assigned to Hoist Portfolio?

    Have/did you receive a Notice of Assignment and if so when was that?

    Robinson Way are the DCA for Hoist.

    I think your CCA Request was sent to Barclaycard not Hoist, or have I misunderstood the situation?

    (I can't see the full history all in one place on your thread.)

    Di
    Hi

    Yes, its been assigned to Hoist portfolio & Robinsonway are chasing it.
    I got a Notice of Assignment on 26 September 2018 from Hoist saying its been assigned to HFUKH1L from HPH.(hoist portfolio Holding Ltd)
    The CCA was sent to robinsonway on October 2017.
    As you said before, I sent the documents to check and it was unenforceable.
    Therefore, I am waiting till RW writes to me to reply.
    So far they have only sent texts & made few calls.

    Thank you
    Last edited by cas04; 7th October 2018, 00:38.

    Comment


    • #17
      Hi Guys,

      Thanks for all the advice. As some mentioned I ignored Robinsonways calls.
      Now I got a letter from HowardCohen solicitors, (letter uploaded) to inform me of its intention to issue preceedings in the county court for the amount failed to repay.
      Also they have sent reply forms to fill in which asks whether , I owe, owe some, don't know, I dispute the debt, etc..
      Do I Have to fill this in???
      As the CCA request reply is not enforceable (checked here in the forum), I guess they cant issue court proceeding.
      So why have the solicitors sent me that they will within 30days .
      Do I just write to them saying cca request wasn't fulfilled??
      Any advice will be appreciated.

      Thank you

      Attached Files

      Comment


      • #18
        No CCA sent cannot stop court proceedings which they seem to have sent you a PAP to fill in? but later in process they will be required to supply all requested documents. you need to fill in those sheets and send back , (not admitting anything) at this stage do not remind them of the non disclosure, their problem never chase anything like that as they will think you are not knowledgeable? and a walk over< always ask on here first

        Warwick65
        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.

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        • #19
          Originally posted by The Tech Clerk View Post
          No CCA sent cannot stop court proceedings which they seem to have sent you a PAP to fill in? but later in process they will be required to supply all requested documents. you need to fill in those sheets and send back , (not admitting anything) at this stage do not remind them of the non disclosure, their problem never chase anything like that as they will think you are not knowledgeable? and a walk over< always ask on here first

          Warwick65
          Hi Warwick

          I remember you saying just ignore them earlier. The only option on the reply form they have sent, which I could tick is ''I dispute the debt because...……!
          Will upload that form.
          Can I send them a letter saying ''' ??

          If the creditor fails to comply with Subsection (1)
          (a) He is not entitled, while the default continues, to enforce the agreement.
          Therefore this account has become unenforceable at law.''

          I found the above template in one of the forums, Is it okay to send that reply to the solicitors??
          (Uploaded the forms sent to me.)

          Does this mean the solicitors will go ahead with the court proceedings?

          Thank you
          Last edited by cas04; 27th October 2018, 12:51.

          Comment


          • #20
            You need to return the form nearer to the 30 day deadline. You need to tick box d. Do not fill in the I&E form. They may well issue a claim, but this can be defended, we have an excellent success rate. They can issue court proceedings because they rely on ignorance and fear to win! Many will either pay or ignore and get a judgement against them. Just because they issue a claim does not mean that the debt is enforceable.
            It is now a game of chess with them fishing to see what you know. If you ask for too many documents this will enable them to have all the required paperwork; if they don’t have the paperwork they may not be able to locate it within the legal time frame if they issue a claim.
            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.

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            • #21
              Cymruambyth

              Thank you very much.
              Will send the form. DO I have to say why I dispute the debt??

              Thank you
              Last edited by cas04; 27th October 2018, 12:50.

              Comment


              • #22
                Originally posted by cas04 View Post
                Cymruambyth

                Thank you very much.
                Will send the form. DO I have to say why I dispute the debt??

                Thank you
                You may want to Ask Di Mayhew to have a look in to see what you need to ask for x
                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.

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                • #23
                  Can I tag Di,,

                  Comment


                  • #24
                    Diana Mayhew
                    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.

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                    • #25
                      Cas04
                      I can't find your Diary for this debt
                      Its is difficult to advise when the you have to dig through Blogs to get the background information. Hence my question over the CCA S.77/79 request.
                      Perhaps you could either I link to the Diary or again provide the information for this account with updated details sic

                      Type of account (credit card/loan)
                      Date commenced (ideally before Apr 2007)
                      Approx balance
                      Date last paid (approximate date you last made a FULL payment)
                      Are you on arrangement or not paying
                      Status (default/in arrears/up-to-date)
                      Account owner (who is writing to you, a DCA or the lender)


                      You have 30 days to reply to that Letter Before Claim in any event and need careful wording not to tell them what is wrong with their CCA (UE)
                      This will help the MODS and indeed Di in giving good advice.

                      Comment


                      • #26
                        Hi Guys,
                        As Cymruambyth advised, I will send the form with box D ticked, to Hc&co Solicitors.
                        Can I say I dispute the debt because..... my CCA request was not fulfilled. ( nothing else)
                        Will wait in anticipation for solicitors reply!!

                        Thanks everyone.

                        Comment


                        • #27
                          Just say that the debt is in dispute due to non compliance with your CCA request.
                          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.

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                          • #28
                            It really pisses them off when you give a generic 'you have failed to comply with my lawful S77-79 request' . What they like is either for you to pay up or tell them what you think they have not done (which may or may not be accurate but gives them the chance to put it right)

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                            • #29
                              Did you hear anything more from Howard Cohen after you responded to their Letter of Claim in November 2018?

                              Or did they pass the debt back to Robinson Way?

                              Di
                              Legal Disclaimer

                              I am a Litigation Executive at
                              Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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