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HOIST FINANCE UK HOLDINGS 1 LIMITED & HOIST FINANCE UK HOLDINGS 2 LIMITED

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  • #31
    This is all I got from the court when I called them to ask who and what it relates to.

    CASE DETAILS - THIS CLAIM IS FOR THE SUM OF £ 3972.54 IN RESPECT OF MONIES OWING UNDER AN AGREEMENT WITH THE ACCOUNT NO.XXXXXXXXXX PURSUANT TO THE CONSUMER CREDIT ACT 1974 (CCA). THE DEBT WAS LEGALLY ASSIGNED BY HOIST PORTFOLIO HOLDING LTD (EX BARCLAYCARD) TO THECLAIMANT AND NOTICE HAS BEEN SERVED. THE DEFENDANT HAS FAILED TO MAKE CONTRACTUAL PAYMENTS UNDER THE TERMS OF THE AGREEMENT. A DEFAULT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO S.87(1) CCA. THE CLAIMANT CLAIMS 1. THE SUM OF £ 3972.54 2. COSTS



    Claimant - HOIST FINANCE UK HOLDINGS 1 LIMITED


    Claimant solicitors - HOWARD COHEN & CO SOLICITORS,
    Last edited by Diana Mayhew; 9th October 2019, 14:13. Reason: removed account number to protect your identity

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    • #32
      I have just realised something, that is not my Account Number for my old Barclaycard.

      Comment


      • #33
        Originally posted by Del View Post
        I have just realised something, that is not my Account Number for my old Barclaycard.
        So it may be for a different Barclaycard account?

        Did you ever have an Egg credit card, or Morgan Stanley Dean Witter etc?

        Or have they got the wrong account number (I've removed it from your post to protect your identity)?

        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


        • #34
          That Account number is not anything to do with me ! that is not my old Barclaycard Account number. Nor is that amount related to any old debt.

          Is it true if you make a claim against someone and you entre the wrong account number or sum owed and you can prove that its incorrect the debt is unenforceable and it canot be reapllied for ?

          What do I do now, this is clearly wrong !
          over 6 years old
          not my ac number
          not the correct balance
          old address

          Do I still have to pay £255 to get this taken off even though all the information may as well have been made up !

          Comment


          • #35
            Originally posted by Del View Post
            That Account number is not anything to do with me ! that is not my old Barclaycard Account number. Nor is that amount related to any old debt.

            Is it true if you make a claim against someone and you entre the wrong account number or sum owed and you can prove that its incorrect the debt is unenforceable and it canot be reapllied for ?

            What do I do now, this is clearly wrong !
            over 6 years old
            not my ac number
            not the correct balance
            old address

            Do I still have to pay £255 to get this taken off even though all the information may as well have been made up !

            No that's not true, at least it's not as simple as that.

            I also think you may be referring to a Discontinued claim where the debt owner cannot re-issue without permission from the court if the substitute claim is based on the same or substantially the same facts.

            In order to get a CCJ set aside you have to first persuade the court that it was served incorrectly.

            If that hurdle is successful, you then have the opportunity to file a Defence to the original claim.

            If the Claimant has pleaded a wrong account number etc then they may be able to Amend their Particulars of Claim with the court's permission.

            I'd need to see the documents in order to establish the position, so you can email me using di@joannaconnollysolicitors.co.uk if that helps.

            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


            • #36
              Might not be relevant but when I did a SAR to capital One it showed three different card number, one when my card was upgraded, one when my card was stolen and the original one. Could something like that have happened to you?

              Comment


              • #37
                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..


                Hoist Finance UK Holdings No 1 Ltd are currently issuing claims notwithstanding the fact that they lack FCA authorisation. I was made aware of one this morning.

                So if you've received a claim or a Default Judgment for failing to respond to a claim in time, then post on this thread or email me di@joannaconnollysolicitors.co.uk

                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


                • #38
                  Yesterday a forum member received a visit from Resolvecall on behalf of Hoist.

                  Nothing unusual about that, except during the current coronavirus crisis the Government advice is that people should 'socially-distance' to avoid contact, yet debt purchasers and their debt collectors seem to think they can continue to knock on people's doors in an effort to get them to pay - perhaps hoping more people will actually be at home since the Government also advises people to switch to homeworking where possible.

                  Limiting face-to-face contact means just that.

                  In this instance the debt appears to be Statute Barred so if that's the case it's a pity that Hoist feel they should pursue it relentlessly.

                  I'm both sad and cross to see this 'doorstep collection' continuing at this moment in time.


                  Originally posted by gregco View Post
                  I've not replied to any letters or contact from them since 2013.

                  Just had a knock on the door from Resolvecall, just asked whether I was me, I said no, he asked whether I knew who I was, I said no and he asked if I knew who lived here recently, I said unsure.

                  Not sure what I'm supposed to do next?

                  As if people weren't feeling anxious enough right now without this non-essential intrusion of their privacy with face-to-face contact.

                  If you've received a claim from Hoist, or a Letter of Claim from them or their solicitors Howard Cohen, please let me know or post on this thread since they do not have FCA authorisation to issue court proceedings.

                  If you've received a Default Judgment (because you didn't respond to claim within the time-frame allowed perhaps because it was served on an address where you were not living at the time of the claim) then post on this thread too.

                  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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