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  • Hoist Finance Court Claim Help

    Hey guys, I was just wondering wether someone would be able to provide me with some insight on how to proceed with this. I have received a letter of claim on the 18/01.

    Received a claim? Yes/No: Yes
    Issue Date: 16/01/20
    Have you Acknowledged the Claim?: Not yet, will do ASAP
    Total Amount Claimed : £15,000
    Claimant’s Name:Hoist
    Solicitors Firm: HOWARD COHEN AND CO
    Original Creditor: Barclaycard
    Original DebtÂ*(eg. Credit card/Loan/Overdraft)Â*: Credit Card
    Particulars of Claim:: The Clam is for the sum of X arising from the Defendant's breach of a regulated consumer credit agreement referenced under no xxx. The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss 87(1) and 88 of the CCA. The Claimant calims the sums due from the Defendant following the legal assignment of the agreement from X. Written notice of the assignemt has been given. The Claimant claims: 1. The sum of X 2. Costs
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): It is not.
    List any letters you have sent (eg: CCA/ CPR ): Not yet.
    Any Other Information or Background Details:

    Any information on how to proceed with this would be greatly appreciated! Thanks.

  • #2
    Originally posted by ReebokShoes View Post
    Hey guys, I was just wondering wether someone would be able to provide me with some insight on how to proceed with this. I have received a letter of claim on the 18/01.

    Received a claim? Yes/No: Yes
    Issue Date: 16/01/20
    Have you Acknowledged the Claim?: Not yet, will do ASAP
    Total Amount Claimed : £15,000
    Claimant’s Name:Hoist
    Solicitors Firm: HOWARD COHEN AND CO
    Original Creditor: Barclaycard
    Original DebtÂ*(eg. Credit card/Loan/Overdraft)Â*: Credit Card
    Particulars of Claim:: The Clam is for the sum of X arising from the Defendant's breach of a regulated consumer credit agreement referenced under no xxx. The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss 87(1) and 88 of the CCA. The Claimant calims the sums due from the Defendant following the legal assignment of the agreement from X. Written notice of the assignemt has been given. The Claimant claims: 1. The sum of X 2. Costs
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): It is not.
    List any letters you have sent (eg: CCA/ CPR ): Not yet.
    Any Other Information or Background Details:

    Any information on how to proceed with this would be greatly appreciated! Thanks.

    Hello

    I’m happy to help.

    First things first.

    What is the precise name of the Claimant on the claim form?

    Hoist has lack of FCA authorisation issues so this would be my starting point.

    From what you say the claim Issue Date is 16th January so there is time to form your Defence strategy.

    The Particulars of Claim appear to be vague (which could be good news).

    When did you open this account, and was it initially a Barclaycard or possibly an Egg, Goldfish or Morgan Stanley credit card?

    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. My Direct Line is 0151 254 6986 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

    Comment


    • #3
      Originally posted by Diana Mayhew View Post


      Hello

      I’m happy to help.

      First things first.

      What is the precise name of the Claimant on the claim form?

      Hoist has lack of FCA authorisation issues so this would be my starting point.

      From what you say the claim Issue Date is 16th January so there is time to form your Defence strategy.

      The Particulars of Claim appear to be vague (which could be good news).

      When did you open this account, and was it initially a Barclaycard or possibly an Egg, Goldfish or Morgan Stanley credit card?

      Di
      Hey Di, thanks for your reply.

      The precise name of the claimant is Hoist Finance UK Holdings 1 Limited.

      Not sure when the account was open, I will try and find that out as I have to go through a lot of paperwork. But the account was initially a Barclaycard account.

      Thanks once again!

      Comment


      • #4
        Originally posted by ReebokShoes View Post

        Hey Di, thanks for your reply.

        The precise name of the claimant is Hoist Finance UK Holdings 1 Limited.

        Well they lack FCA authorisation to issue legal proceedings.

        I'll read back through your thread but don't post any documents on the forum in order to protect your identity. If you want me to look at anything you can email me direct di@joannaconnollysolicitors.co.uk

        Jo explains the FCA authorisation issue here >


        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.

        If you are currently defending a claim with either of the Hoist companies, whether stayed or ongoing, or they have obtained a Default Judgment against you and you have any query please post any queries on this thread..


        There's also a thread about this legal issue which you might find interesting here >

        https://all-about-debt.co.uk/forum/d...ings-2-limited

        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. My Direct Line is 0151 254 6986 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

        Comment


        • #5
          Hi Reebok

          As this is for a substantial amount I would be talking to Di to see if you have a defence - as it is over 10K Joanna Connolly might take it on as a conditional fee arrangement - that is a no win no fee type thing and if you win, they pay costs.

          BUT I have no connection to the firm other than being a former client so discuss it with Di first

          Comment


          • #6
            Originally posted by Warwick65 View Post
            Hi Reebok

            As this is for a substantial amount I would be talking to Di to see if you have a defence - as it is over 10K Joanna Connolly might take it on as a conditional fee arrangement - that is a no win no fee type thing and if you win, they pay costs.

            BUT I have no connection to the firm other than being a former client so discuss it with Di first
            Hey, thanks for your reply.

            I will get in touch with them now!

            Comment


            • #7
              Originally posted by ReebokShoes View Post

              I will get in touch with them now!
              I've replied to your email

              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. My Direct Line is 0151 254 6986 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

              Comment

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