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  • #16
    Have you had a word with Di. To me this sounds like your dump provider gave you bad advice , maybe even bad legal advice and that is I think a regulated activity.

    As HPH may have been unlicensed at the time they might not have been entitled to a ccj

    It makes me furious when people are told to roll over. Lowell has a debt of mine but Jo and Di saw them off because the legal procedure hadn’t been followed.

    Comment


    • #17
      Originally posted by Warwick65 View Post
      Have you had a word with Di. To me this sounds like your dump provider gave you bad advice , maybe even bad legal advice and that is I think a regulated activity.

      As HPH may have been unlicensed at the time they might not have been entitled to a ccj

      It makes me furious when people are told to roll over. Lowell has a debt of mine but Jo and Di saw them off because the legal procedure hadn’t been followed.
      I ain’t rolling over. Di and Jo saw off PRA for me.

      HPH didn’t get the CCJ they have bought the debt but the CCJ and restriction is still in OC’s name. I rang OC yesterday but they wouldn't have any of it.

      They don’t even understand how the restriction works. It’s wrong they went for CCJ when I was paying via DMP. They shouldn’t be able to change an unsecured debt to a secured bearing in mind apr for unsecured is a lot less than secured.

      Comment


      • #18
        Originally posted by gwlad View Post

        I ain’t rolling over. Di and Jo saw off PRA for me.

        HPH didn’t get the CCJ they have bought the debt but the CCJ and restriction is still in OC’s name. I rang OC yesterday but they wouldn't have any of it.

        They don’t even understand how the restriction works. It’s wrong they went for CCJ when I was paying via DMP. They shouldn’t be able to change an unsecured debt to a secured bearing in mind apr for unsecured is a lot less than secured.
        I think that a starting point here would be a SAR on the DMP.
        AND a SAR on the OC.
        Also when was the CCJ and or do you have any copies and or records of this? Was this a default judgement?
        The advice from the DMO for instance again what do you have in writing?

        Comment


        • #19
          Hi Roger

          I have SAR from both but haven’t looked at them for a while so will dig them out and see what’s in them. From what I recall the SAR from the DMP seemed sparse to me but will check it out over the weekend.

          CCJ was in 2004 I have paperwork for this as well so will dig that out too.

          Gwlad

          Comment


          • #20
            You could always consider the type of restriction. Some restrictions only require written notice to be given to the creditor for a sale or remortgage, though of course that could bring on further action from them, if they can take it and some mortgage companies will insist on the restriction being paid
            Whilst I have some experience of the law surrounding financial matters, I am not legally qualified. At no point should my comments on this forum be taken as advice.

            Comment


            • #21
              Is the property in your sole name or in joint names? If it is in joint names then the conveyancing solicitor just needs to give written notice of the sale. The creditor would have to apply for an injunction to stop it and in reality that is unlikely in the short timescale between notification and completion.

              However as Rebz has said some conveyancers will say you have to pay because they are on lenders panels though if the creditor is a debt purchaser like Cabot, Arrow, Hoist that is less likely.
              Legal Disclaimer
              I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. 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.

              If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

              Comment


              • #22
                Thanks both for the replies. The property is in joint names so it a type K restriction which states I only have to inform the creditor after a disposition.

                I have contacted my broker and informed them of the situation so will wait to see what they come back with.

                Comment


                • #23
                  Originally posted by JimmyJSC View Post
                  Barclays sold debt to Hoist:

                  Hi,

                  Basically, I have had a few Barclays credit cards and a few other applications for credit between 2002 and 2009, in 2009 I lost my job and defaulted on the credit cards.

                  In Dec 2014 I sent a CCA requests under article 78, and in Feb 2015, I was sent a reconstituted agreement for one CC incepting in 2004 and was told that another CC was not enforceable.

                  I was not happy with this reconstituted agreement and sent a SARS request in early 2015 but do not remember ever receiving a response. I never heard from Barclays again regarding any CC debt, no annual statements, nothing.

                  In Oct 2018, I received a letter from Barclays stating that they had sold one CC Debt to Hoist Finance with Robinson way as the administrators, I have subsequently submitted a new CCA request to Hoist, and this time received a one page document with a signature pane and on the back some terms and conditions (which looks to be an application for credit), I say some T&C’s as the document refers to conditions not present in the document, the top of this document states “this is some of the terms and conditions and that a full set will be sent out to me in the post”, This response did not include the T&C’s at time of default (I have all correspondence from Barclays including the original CCA request response) .

                  I was not happy with the new information detailed above so submitted new SARS/GDPR request in June 2019 following Niddy’s template under article 15, and this time received a large stack of electronically generated statements, no letters/default notice/bi-annual statements/CCA/DEFAULT CCA nothing of this kind or any correspondence whatsoever just electronically regurgitated statements.

                  This is basically where I am at, should I submit a new SARS/GDPR request under article 15 listing all the documents I require to determine enforceability?

                  Also, would someone be able to assess the CCA I have received in 2019 please?

                  Thanks

                  Jim

                  Hello

                  I've received your PM and Visitors Message.

                  Can you start a Diary thread on the forum in order to get help with your debts.

                  This link should help you to get started > https://all-about-debt.co.uk/forum/d...-read-me-first

                  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


                  • #24
                    Just been browsing aad forum and noticed this thread.

                    We have 3 debts not with this company. One is my b' card which I CCA'd back in 2016 not heard anything yet, which I aren't particularly worried about.

                    However we have two HP agreement initially Barclays Partner Finance. As they were HP we decided to pay them £1 a month, it then moved to Robinson Way, then to Hoist. Our payment haven't stopped.

                    I am not totally sure whether these two accounts were defaulted or we have an arrangement to pay.

                    Not sure how to deal with this, should SAR them to get copy of any defaults and then stop payment. My worry is if hasn't defaulted, we stop the payments we then get default, we are so far down the road don't want to get any defaults now.

                    Does that make sense?

                    Comment


                    • #25
                      Originally posted by Strepsi View Post
                      Just been browsing aad forum and noticed this thread.

                      We have 3 debts not with this company. One is my b' card which I CCA'd back in 2016 not heard anything yet, which I aren't particularly worried about.

                      However we have two HP agreement initially Barclays Partner Finance. As they were HP we decided to pay them £1 a month, it then moved to Robinson Way, then to Hoist. Our payment haven't stopped.

                      I am not totally sure whether these two accounts were defaulted or we have an arrangement to pay.

                      Not sure how to deal with this, should SAR them to get copy of any defaults and then stop payment. My worry is if hasn't defaulted, we stop the payments we then get default, we are so far down the road don't want to get any defaults now.

                      Does that make sense?

                      I've replied to this on your Diary thread here > https://all-about-debt.co.uk/forum/d...y-diary/page40

                      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


                      • #26
                        Good afternoon, Please could someone give me some advice on how to approach dealing with, A statue Bared Debt (2011) from Barclaycard that HOIST FINANCE UK HOLDINGS 1 LIMITED have got a CCJ put on my old house.

                        I had an old Barclaycard which I sent a CCA request in Dec2008. They could not provide one and sent a letter back with a load of old jargon saying why they couldn’t. on 7/12/2011 they wrote to me issuing a formal notice of assignment to Cabot Financial. At the time I was still paying £1 a month once transfered to Cabot I stopped paying the £1 Dec 2011. The outstanding balance at this time was £1884.03

                        I checked my Credit file this week and I see I have a CCJ on my account at my old address. Moved NOV 2018. CCJ issued FEB 2019.

                        Claimant - HOIST FINANCE UK HOLDINGS 1 LIMITED
                        1. THE SUM OF £ 3972.54 2. COSTS

                        Questions
                        I Have the N24 form and know I can ask for it to be set aside as the debt is over 6years old since the last payment was made is there a certain way of putting this on the form ?
                        How do I get across they have doubled the Debt !!! ?
                        If a debt has been sold to Cabot, how can a new agency who has bout the debt off of Cabot then claim they are claiming for Barclaycard ? should they be claiming on behalf of Cabot ?

                        Please could you advise.
                        C

                        Comment


                        • #27
                          You need to contact DI, di@joannaconnollysolicitors.co.uk

                          She will be able to explain things to you.
                          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.

                          Comment


                          • #28
                            Originally posted by Del View Post
                            Good afternoon, Please could someone give me some advice on how to approach dealing with, A statue Bared Debt (2011) from Barclaycard that HOIST FINANCE UK HOLDINGS 1 LIMITED have got a CCJ put on my old house.

                            I had an old Barclaycard which I sent a CCA request in Dec2008. They could not provide one and sent a letter back with a load of old jargon saying why they couldn’t. on 7/12/2011 they wrote to me issuing a formal notice of assignment to Cabot Financial. At the time I was still paying £1 a month once transfered to Cabot I stopped paying the £1 Dec 2011. The outstanding balance at this time was £1884.03

                            I checked my Credit file this week and I see I have a CCJ on my account at my old address. Moved NOV 2018. CCJ issued FEB 2019.

                            Claimant - HOIST FINANCE UK HOLDINGS 1 LIMITED
                            1. THE SUM OF £ 3972.54 2. COSTS

                            Questions
                            I Have the N24 form and know I can ask for it to be set aside as the debt is over 6years old since the last payment was made is there a certain way of putting this on the form ?
                            How do I get across they have doubled the Debt !!! ?
                            If a debt has been sold to Cabot, how can a new agency who has bout the debt off of Cabot then claim they are claiming for Barclaycard ? should they be claiming on behalf of Cabot ?

                            Hello

                            Can you clarify a few things for me before I make any suggestions.

                            Firstly, Barclaycard assigned your debt to Hoist who got a CCJ followed by a Charging Order on your old house.

                            When (what year) did Hoist get the CCJ followed by a Charging Order on your old house, and how did this happen? For example did you not receive the Claim Form since you had moved from the property?

                            Secondly, in December 2011 Barclaycard assigned your debt to Cabot.

                            So are you certain that these two Barclaycard CCJs are for the same account since you mention different balances?

                            Is there still a Charging Order on your old house or did you sell that property and pay Hoist?

                            Or have I misunderstood (it happens) and Hoist assigned the debt (their CCJ) to Cabot, but Hoist then made another claim last year despite the debt being owned by Cabot (if it was)?

                            Or did Barclayacrd assign your debt to Hoist who obtained the CCJ and CO, then they assigned it again to Cabot i.e. Barclaycard assigned it twice to two different debt purchasers who both got CCJs against you?

                            I have many more questions but I want to establish the basics initially, and before you make an Application to set aside the Cabot (or Hoist) CCJ on the basis that the debt is Statute Barred which it may not be if a CCJ was obtained somewhere along the line.

                            Di
                            Last edited by Diana Mayhew; 9th October 2019, 13:05.
                            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


                            • #29
                              Thank you for coming back to me.



                              I hope this explanation helps.



                              I got a letter from Barclaycard 7/12/2011 issuing a formal notice of assignment to Cabot Financial.. The outstanding balance at this time was £1884.03 that was transferred to Cabot. Since then not paid a penny to Barclaycard or Cabot.



                              Since then I haven’t ever received any correspondence from Cabot with regards to this. I have moved house 6 times since 2011 as I travel a lot.



                              I moved in November last year and only this week have I seen a CCJ on my credit file from Hoist For £3972.54 issued at my previous address in Feb this year.



                              I have only ever had one Barclaycard and so somehow since hearing the debt had ben assigned to Cabot in 2011 it is now with Hoist and the amount has increased !



                              I hope that make sense.



                              Basically this debt has done the rounds and hoist have claimed a CCJ.

                              Comment


                              • #30
                                I think I understand that.

                                In December 2011 Barclaycard served you with a Notice of Assignment to Cabot (Cabot Financial Ltd or Cabot Financial (UK) Ltd?).

                                You've not paid a penny since then to either Barclaycard or Cabot which is why you believe the debt could be Statute Barred.

                                There's a CCJ on your credit file from February this year (2019) and the judgement creditor is Hoist (who do not have FCA authorisation )

                                Do you know the date the claim was issued?

                                What about the Charging Order? Who has placed a charge on your old home?

                                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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