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  • CCA Check

    Hi,

    I have a response from a creditor for a CCA request. The debt details are as follows:
    • Type of account: Credit Card
    • Date commenced: Pre 2007
    • Approx balance: 5k
    • Date last paid: June 2016
    • Are you on arrangement or not paying: Not paying
    • Status: Defaulted
    • Account owner: HF/RW

    The request was made a few months ago and only just received. Id appreciate if anyone could advise on the next step or have a look at the CCA.


    Thank you.

  • #2
    Originally posted by Qwerty View Post

    I have a response from a creditor for a CCA request. The debt details are as follows:
    • Type of account: Credit Card
    • Date commenced: Pre 2007
    • Approx balance: 5k
    • Date last paid: June 2016
    • Are you on arrangement or not paying: Not paying
    • Status: Defaulted
    • Account owner: HF/RW

    The request was made a few months ago and only just received.

    Thank you for that

    Can you also add who was the original creditor.

    I'm guessing (from those initials) that the debt purchaser is Hoist and the debt is being collected by Robinson Way. Am I right?

    I see you last made a full payment in June 2016 so have you been making token payments since then or nothing at all?

    Finally, did you send the 1 statutory fee with your CCA Request?

    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

    Comment


    • #3
      Hi Diana, thanks for your reply.

      Original creditor was Barclays and the purchasers and collector is correct.

      No payments have been made since the last one in June 2016.

      In April, I replied to their 'pre action protocol pack' disputing the debt and making a request within their notes section for a copy of the original CCA. They responded in May stating the account would be on hold until they could provide it. No fee was sent with the reply..

      Comment


      • #4
        Originally posted by Qwerty View Post

        Original creditor was Barclays and the purchasers and collector is correct.

        No payments have been made since the last one in June 2016.

        In April, I replied to their 'pre action protocol pack' disputing the debt and making a request within their notes section for a copy of the original CCA. They responded in May stating the account would be on hold until they could provide it. No fee was sent with the reply..

        So you've not sent a formal s78 CCA Request to Hoist.

        Do that now using this forum's template here > https://all-about-debt.co.uk/forum/d...mplate-letters

        You must include the 1 statutory fee for it to be valid.

        From what you've described you may have received a Letter of Claim in April from Hoist's solicitors Howard Cohen.

        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

        Comment


        • #5
          Ive not sent a formal request. Ill get that out.

          That was what was received from Howard Cohen.

          Ive got a scan of the document they sent if you need to see it.

          Comment


          • #6
            Originally posted by Qwerty View Post
            Ive not sent a formal request. Ill get that out.

            That was what was received from Howard Cohen.

            Ive got a scan of the document they sent if you need to see it.

            I'm happy to take a peek at what you've been sent so far from Howard Cohen, but maybe wait to see what you're sent in response to your formal s77/78 CCA Request to Hoist. I assume you sent it to Hoist not Robinson Way or Howard Cohen?

            When was it assigned to Hoist by Barclaycard?

            And what is the precise name of the debt owner because that may matter further down the line?

            See this post by Jo >


            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.

            f 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..

            Link to thread > 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. 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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