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

[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]

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

[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]

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

Hello

May I ask you where you live (Scotland, Northern Ireland or England and Wales) if you intend to contest jurisdiction?

Di

[Cujosmum]

Hello Di

I live in England.

[Joanna Connolly Solicitors]

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.

Can I also clarify that you have received the claim pack (what is the claim Issue Date) and have asked Howard Cohen for the credit agreement (and DN).

You say you made your request by email so did you then make a formal s77-79 CCA Request sent by post together with the £1 statutory fee?

Did the subsequent email from Howard Cohen admit they didn't have the credit agreement so would be asking the original creditor for this?

Di

[Joanna Connolly Solicitors]

Hello Di

I live in England.

In which case you can't contest legal jurisdiction.

It's not the end of the world but this will need sorting.

Can you also answer my other question so I can see what you have done or not done so far before making any suggestion on your next step.

Di

[Joanna Connolly Solicitors]

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.

. . . . 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.

One more thing I've noticed - did Howard Cohen email you a copy of the claim pack or was it served on your address by post from Northampton County Court Business Centre?

It's not clear whether it was a coincidence that both things happened on the same day, I'm checking to see if it was served correctly.

Sorry for all the questions but sometime the legal procedure can trip you up if deadlines are missed etc.

If you prefer to send me a copy of the front page of the claim form (N1) you can do that using di@joannaconnollysolicitors.co.uk then I won't need to bombard you with so many questions on the forum

Di

[Joanna Connolly Solicitors]

If you prefer to send me a copy of the front page of the claim form (N1) you can do that using di@joannaconnollysolicitors.co.uk then I won't need to bombard you with so many questions on the forum

Di

We have now exchanged emails so the timeline for your next move and what it needs to be is clearer.

Enjoy your weekend.

Di

[Joanna Connolly Solicitors]

We have now exchanged emails so the timeline for your next move and what it needs to be is clearer.

Di

Hello

Time is ticking by since from what you’ve posted on the forum the AOS you filed (contesting jurisdiction) is not appropriate to your legal circumstances.

I’ve emailed you.

Di

[Joanna Connolly]

If you filed the AOS incorrectly as you didn't mean to contest jurisdiction then you should file another AOS before the 14 day deadline. If you did mean to contest jurisdiction (perhaps the claimant is suing using a Jersey address) then you don't file a defence because as soon as you file a defence you accept the jurisdiction of the English Courts. Confusing I Know !

[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.

Now, the debt/loan was made for buying a car but are 2 issues:

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

Hello

Have you been served with a court claim from Hoist since the Letter of Claim you received from Howard Cohen may have expired in the last few days?

Di

[frank0420]

Hi

my wife was getting letters from robinson way for an old egg card that was sold to Barclaycard , taken out may 2005. The card was taken out in her maiden at an old address that we do not live anymore

The amount of debt is just under 14k

we last paid the card at end of 2016, due to financally matters were not able to pay card. Checked her credit file and default marked on sept 2018 and hoist oct 2018

Robinson way had been senting letters to my home address, Where she was on the election roll. They had offered an settlement amount of 7800

Hoist finance uk (same company) have now taken over the account. ( HFUKH1L ) They have sent letters to our new address and emailed her.

we have not responded to any for the letters or called them

As I do not want her to get a ccj. I am fearful that hoist will send claim letter to old address ( where we lived when egg card was taken out) without us Knowing. Therefore a back door ccj approved.

should I send a CCA at this point and SAR to Barclaycard
or wait for letter before court

we live in Northern Ireland.


thanks

[Joanna Connolly Solicitors]

I think it makes sense to send a s78 CCA Request to Hoist because they may struggle to find an old Egg agreement from 2005, and because you live in Northern Ireland which is a different legal jurisdiction so I’m limited in what help I could provide if you were to receive a claim.

If Robinson Way are writing to you then send the CCA Request to them.

Di

[frank0420]

I think it makes sense to send a s78 CCA Request to Hoist because they may struggle to find an old Egg agreement from 2005, and because you live in Northern Ireland which is a different legal jurisdiction so I’m limited in what help I could provide if you were to receive a claim.

If Robinson Way are writing to you then send the CCA Request to them.

Di

Thanks Di

will i use her maiden name or married name

thanks