Letter of Claim from Howard Cohen for Hoist Finance UK Holdings 2 Ltd

[oxfordgirl]

Hello folks, I hope you will be able to help.

I have been helped by Joanna and Di from Joanna Connollly Solicitors with a previous legal issue (claim won )

My husband and I have both received a Letter of Claim from Howard Cohen for a loan now assigned to Hoist Finance UK Holdings 2 Ltd.

The loan was originally taken out with Cahoot, than Santander took over the loan part of the business sometime in 2009. Following some financial difficulties, Santander defaulted us early in 2010. We made token payments to them but stopped in 2013. So no payment has been made since the end of 2013 and we haven't had any statements since.

I wrote to them in early 2014 asking them to write off the debt but they refused.

Mid 2014 the loan was assigned to Hoist Portfolio Holdings 2 Ltd ('HPH2'), and administered by Robinson Way. We have never acknowledged either of them since then. However I did write to Santander early 2015 to tell them of a change of address.

Robinson Way said they would pass things over to Howard Cohen, which they have done. Hoist Finance UK Holdings 2 Ltd ('HFUKH2L') have written only to my husband to say the debt is now assigned to them in October.

So initially I am asking for advice on how to proceed. There is a section in the Claim Letter to ask for more information and what it would be. Is this the right thing to do or does it put us in a weaker position as we would like to contest the claim. They want an answer in the next few days or they will proceed to Court.

The debt is just under £10000.
I have the SAR from Santander from last December.

All help will be very appreciated.

Regards

oxfordgirl

[Joanna Connolly Solicitors]

I have been helped by Joanna and Di from Joanna Connollly Solicitors with a previous legal issue (claim won )

Hello again

Di

[cymruambyth]

Hi oxfordgirl and welcome to AAD. You will hopefully find lots of help, some humour and non judgemental posters.

[Joanna Connolly Solicitors]

Robinson Way said they would pass things over to Howard Cohen, which they have done. Hoist Finance UK Holdings 2 Ltd ('HFUKH2L') have written only to my husband to say the debt is now assigned to them in October.

So initially I am asking for advice on how to proceed.

The first thing you should do is send a s 77-79 CCA Request to Hoist. You and your husband should send separate requests in separate envelopes.

This was a joint loan which was assigned to Hoist Portfolio Holdings 2 Ltd. ('HPH2').

However it seems that your husband's 'debt' was subsequently assigned to Hoist Finance UK Holdings 2 Ltd ('HFUKH2L') but not your 'debt'.

This may give them assignment issues if they do issue legal proceedings, since how can one debt be owned by two different entities since you're both jointly and severally liable for it.

If Hoist can't or don't comply with each of your CCA Requests within the statutory time-frame then the debt becomes unenforceable until or unless they do comply. I suppose there could be a situation where Hoist comply with one and not the other (CCA Request).

I would treat this debt/legal situation as if you and your husband were total strangers despite living under the same roof

Di

[oxfordgirl]

I have checked through all my paperwork. I definitely did not receive an assignment letter to Hoist Finance. However the Letters of Claim we both received from Howard Cohen both say they are acting for Hoist Finance. My surname is also spelt slightly wrong.
Shall I send the letters anyway?
Sorry Di for the delay - health issues


Kind regards
oxfordgirl

[nightwatch]

Hiya, I would get them off ASAP xx

[Roger]

I have checked through all my paperwork. I definitely did not receive an assignment letter to Hoist Finance. However the Letters of Claim we both received from Howard Cohen both say they are acting for Hoist Finance. My surname is also spelt slightly wrong.
Shall I send the letters anyway?
Sorry Di for the delay - health issues


Kind regards
oxfordgirl

"..

The first thing you should do is send a s 77-79 CCA Request to Hoist. You and your husband should send separate requests in separate envelopes.

This was a joint loan which was assigned to Hoist Portfolio Holdings 2 Ltd. ('HPH2').

However it seems that your husband's 'debt' was subsequently assigned to Hoist Finance UK Holdings 2 Ltd ('HFUKH2L') but not your 'debt'.

This may give them assignment issues if they do issue legal proceedings, since how can one debt be owned by two different entities since you're both jointly and severally liable for it.

If Hoist can't or don't comply with each of your CCA Requests within the statutory time-frame then the debt becomes unenforceable until or unless they do comply. I suppose there could be a situation where Hoist comply with one and not the other (CCA Request).

I would treat this debt/legal situation as if you and your husband were total strangers despite living under the same roof

Di
.."

Follow Di's advice.
Have you set off the S.77/78 requests (plus £1) if not do so immediately (Recorded Delivery) tomorrow
THEN once they have been sent
Send back LBC tick box D to dispute the debt stating they have not complied with your s 77-78 Request.

[oxfordgirl]

Unfortunately both my husband and I ended up in hospital, me for a three week stay, only being discharged on Thursday. In the meantime Hoist Finance UK have sent us both separately a Court claim, issue date of 10 December.
Does this change our course of action as we haven't had a chance to send any letters as yet. Clearly Christmas is a barrier.I will submit an acknowledgement of service separately on Monday.

Regards
oxfordgirl

[Joanna Connolly Solicitors]

Hoist Finance UK have sent us both separately a Court claim, issue date of 10 December.
Does this change our course of action as we haven't had a chance to send any letters as yet. Clearly Christmas is a barrier.I will submit an acknowledgement of service separately on Monday.

Hello

Your health is the most important thing so I'm glad to see you're home for Christmas.

I'm sorry to learn that Hoist have issued a claim (or two).

Do you mean they've issued two separate claim forms with different numbers and different names for the Claimant since there was a question of who the debt was assigned to? You and Hubby have received different information in your correspondence.

This was a joint loan so it should be interesting.

If the claim(s) issue date is 10th December you have 19 days to file your Acknowledgment of Service online so to give yourself peace of mind over the holiday period I suggest you go online and tick the box which says you "intend to defend all of the claim" on the AOS section, to prevent a Default Judgment.

Don't enter anything in the Defence box at this stage.

Email me the front page of both claim forms.

Don't let this spoil your Christmas.

Di

[cymruambyth]

Sorry to hear that you have received a claim, they love trying to spoil Christmas. As Di has said your health is the most important thing. Try not worry over Christmas, you are in excellent hands with Di helping you.

[oxfordgirl]

Hi Di
Both Claim forms have the same number and both are from Hoist Finance UK despite me not getting an assignment letter from Hoist Portfolio.
The account was defaulted by the OC in 2011.
I will send you the front pages of both claim forms and file the AOS tomorrow

Many thanks for your help

Regards
oxfordgirl

[Joanna Connolly Solicitors]

Hi Di
Both Claim forms have the same number and both are from Hoist Finance UK despite me not getting an assignment letter from Hoist Portfolio.

I will send you the front pages of both claim forms and file the AOS tomorrow

Many thanks for your help

I look forward to seeing the claim forms.

Jo is aware.

Di