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  • #76
    Originally posted by whiplash View Post

    Woo Hoo....another weapon in the armoury if need be

    Well yes that's two weapons in your armoury, but may I suggest third and fourth potential weapons (Hoist assignment and lack of FCA authorisation issues) > Jo explains that here too >


    Originally posted by Joanna Connolly View Post
    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..
    Di

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