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

[Cujosmum]

Hi all

I am looking for any advice of how to proceed with the following dilemma.

I was away from home from July until the 30th October. I returned to open my post and found a letter from Robinson way saying, pre legal assessment and account will pass to howard cohen solicitors in 10 days without further notice. The letter was dated 1st September.
I emailed Robinson way the next day after looking into why this letter had been sent as had noticed my husband had stopped the standing order. I offered to pay the difference and set up a direct debit from my own account. I had no reply so contacted them by telephone the following day which is when i was told their solicitors had filed a ccj and i should be getting a claim pack.
I was informed there was a default on 9/3/07 by capital one then the debt passed to them on 16/10/07. I owed at that time £3962.40 and have apparently paid £1485.
Having not yet received the claim pack I emailed Howard cohen solicitors and asked for all information they have ie CCA, original debt amount hoist paid, all payments made by me, the default notice, letter of claim etc.
The next day I received the ccj claim pack and an email from howard cohen just stating to fill in the pack and they'll also look into sending the documents i have asked for.
particulars of claim:
The claim for the sum of £2477.40 arising from the defendants breach of a regulated consumer credit agreement ref under number xxxxxxxxxxxxxxxx. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss87(1) and 88 of the CCA 1974. The claimant claims the sums due from the defendant following the legal assignment of the agreement from hoist portfolio holding 2 Ltd (ex capital one)
written notice of the assignment has been given
The claimant claims
£2477.40 and expenses.

Now, I am not disputing the fact that 13 years ago I had a credit card that most likely defaulted yet cannot remember for what amount etc etc and as such I have paid Robinson way for years. My frustration is that I have only had the letter of intent and then the claim pack.
so far all I have done is the acknowledgement of service stating I intend to contest jurisdiction. But what do I do now? The last thing I need is a CCJ on my credit file.

All help greatly appreciated

[Joanna Connolly Solicitors]

I've just got a letter from Howard Cohen acting in the name of Hoist Finance UK Holding 1 Limited regarding their 'intention to issue proceedings in the County Court'.

Thank you for the update.

If that is a formal Letter of Claim you've received from Howard Cohen you're welcome to email it to me to take a look at what they intend to claim and why they think they have the right to claim it. What is the deadline for your reply?

You could send a SAR to Barclays (if they were the original loan or lease purchase provider) to see what data they hold.

Di

[dkk]

That may not matter because you can always send a Subject Access Request to Barclays to see what data they hold. Common sense says if Barclays haven't got certain documents then Hoist won't be able to get them either.

Don't send one yet until the history of the account becomes clearer.

You've referred to the vehicle being repossessed by the bank (possibly undriven) - why was that?

Di

Well, I don't drive. And the person I took it for, well we split just like after 1-2 weeks after I've got the vehicle (haven't even paid the road tax/insurance for it - been driven only by the person who bring it to me when purchased).

Didn't really cared till the moment they come to pick it up. I remember the moment cause 2 mofo's came at work and like: 'we don't care, we have to take it. you have to deal with the bank'. Talked with the bank and initially they said I've got a debt of £3,500. I thought ok - they got the car so, bascially - on the value - they even have to give me money back.

The strange thing: 1st letter I've received from Robinson(more than 1year later) I had the actual debt, of £2,652, without making any payment whatsoever. So either an £4,500 car was sold with £900 - or I don't know what to say.

In my oppinion are things that don't quite match.

Don't know what else more details to give, I'll try search for any documentation regarding above in the weekend. Meanwhile I've found a 'document' they've left me when the car was repossesed.

Anyway, thanks for help and have a good weekend.

[Joanna Connolly Solicitors]

Unfortunatelly not; not hearing from them in about 1 year decided there are no longer relevant.

That may not matter because you can always send a Subject Access Request to Barclays to see what data they hold. Common sense says if Barclays haven't got certain documents then Hoist won't be able to get them either.

Don't send one yet until the history of the account becomes clearer.

You've referred to the vehicle being repossessed by the bank (possibly undriven) - why was that?

Di

[dkk]

Hello

That sounds like a Letter of Claim not an actual court claim, but I thought I should just check since you mention building "my defence".

Have you kept all the paperwork for this loan?

Di

Unfortunatelly not; not hearing from them in about 1 year decided there are no longer relevant.

[Joanna Connolly Solicitors]

I've just got a letter from Howard Cohen acting in the name of Hoist Finance UK Holding 1 Limited regarding their 'intention to issue proceedings in the County Court'.

It's about a 2016 debt, that's now of £2652.

Robinson Way are involved in this also, told them 2 years ago that in my oppinion, debt is clear due the facts above.

Now, I'm looking for any advice how to build my defence.

Hello

That sounds like a Letter of Claim not an actual court claim, but I thought I should just check since you mention building "my defence".

Have you kept all the paperwork for this loan?

Di

[dkk]

Hi,
I've just got a letter from Howard Cohen acting in the name of Hoist Finance UK Holding 1 Limited regarding their 'intention to issue proceedings in the County Court'.

It's about a 2016 debt, that's now of £2652.

Now, the debt/loan was made for buying a car but are 2 issues:
a. I have a phone recording with someone at Barclays, I think, while making payment over the phone and saying that my debt is clear. I don't know if this is valid in court or not;
b. the car was already repossesed to the bank; in 2017 - with no usage (garage conditions) and less than 20 miles driven;
c. At the moment of contracting the load, I already had 4 loans over £14,000 in value, so clearly it's a poor judgement I can afford them at the time; altrought are all paid at the moment.

Robinson Way are involved in this also, told them 2 years ago that in my oppinion, debt is clear due the facts above.

Now, I'm looking for any advice how to build my defence.

Thanks in advance

[Joanna Connolly Solicitors]

Email received and I have replied

Time is of the essence with this.

Di

[Joanna Connolly Solicitors]

I've had a Claim filed by Hoist Finance UK Holdings 1 Limited last September.

I acknowledged service, intending to Defend in Full.

I need to submit a defence OR agree a settlement by the 14th July.

Help urgently

Hello

You seem to be in a vulnerable position since from what you say you didn't file a Defence by the court deadline last year. This means they can get a CCJ (Default Judgement) against you at the click of a mouse.

First things first. Who was he original creditor and how much is the claim against you?

I see you sent a s77-79 CCA Request last year and have received some documentation perhaps from Howard Cohen Solicitors?

If you would like me to take a look at the situation then email me using di@joannaconnollysolicitors.co.uk.

Di

[bugsbunny]

I've had a Claim filed by Hoist Finance UK Holdings 1 Limited last September.

I acknowledged service, intending to Defend in Full.

Sent a CCA request and CPR 31.14 request for Particulars of Claim.

Received a letter stating that they acknowledged receipt of the CPR 31.14 request late September 2019, stating they were in the process of retrieving documents and offering a "general extension of time" stating that Once they had provided me with documents requested they will grant me a further 14 days to respond to claim form as I feel appropriate.

9 months to the day they have responded with reference to the CCA request (not the CPR request), providing Reconstituted Credit Agreement, Statement of Account and Default Notice.

Finally stating :-

"We now invite you to submit your proposals for payment of the balance within 14 days or we shall have no alternative but to send our client's instructions to progress this matter which may ultimately result in a request for a Judgement Order against you being made in the Count."

I need to submit a defence OR agree a settlement by the 14th July.

The first Hoist notice of assignment received (2015) was dated after they FCA registration lapsed but with an effective date just before it lapsed - From MKDP LLP to Hoist Portfolio Holding 2 Limited. Second notice of assignment (2018) stated assignment MKDP LLP to Hoist Finance UK Holdings 1 Limited. How can this be valid when a) MKDP LLP no-longer held asset and b) MKDP LLP no-longer registered with FCA (lapsed 15/08/2016).

Is a Claim filed by Hoist Finance UK Holdings 1 Limited in September 2019 legally invalid?

Help urgently need and happy to pay for legal advise if required or simply donate to the website.

Thanks in advance for any assistance or advice.

[Joanna Connolly Solicitors]

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.

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

[Joanna Connolly Solicitors]

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

[Warwick65]

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?

[Joanna Connolly Solicitors]

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

[Del]

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 !