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

[Joanna Connolly]

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..

[nightwatch]

They have 2 of my accounts, but haven't mentioned court, maybe they know I am on AAD.

[realfedup]

Now isn't that something.

HPH1 are holding what i believe to be a Stat Barred Barclays (Originally Morgan Stanley account).
I still get the odd letter from Robbers Way's, even thought last payment was March/April 2012 and no acknowledgement since.
i understand that there are issues with the DN that was issued as well.

I am pleased that this is a can of worms for Hoist, and am very grateful for the hard work undertaken by JC and her team to challenge and 'bat them off', and of course the Administrators of this website for keeping members informed, and cheered that it is not always all one way traffic against us as consumers/debitors.

However, how easy will it be for Hoist to remedy if at all?
Thinking purely selfishly - should they come after me in the future

[vaper]

We have two accounts with these totalling £24,000 so I'm happy to hear this. Although would they be allowed to sell the debt on to someone else. Ours are nowhere near statute barred yet.

[Joanna Connolly Solicitors]

We have two accounts with these totalling £24,000 so I'm happy to hear this. Although would they be allowed to sell the debt on to someone else.

I've taken a quick peek at your Diary thread so I think you're referring to your two Barclaycard debts.

Hoist have not complied with your s78 CCA Request for the £16k debt so that is currently unenforceable, but they (Hoist) don't seem to have been sent a CCA Request for the other £8k one (unless I've misunderstood).

I can also see that you were one of the many forum members who received a 'Hoist-to-Hoist' Notice of Assignment last year which indicated some kind of internal restructuring.

This was Jo's view at the time >

They seem to be transferring all the statute barred debts to this new Hoist company - probably for tax write off reasons

They probably have the freedom to assign your debts to another debt purchaser but that wouldn't correct the failure to comply with your s78 CCA Request

When did you last hear from Hoist on either of these debts and who exactly is named as the current owner?

Di

[gwlad]

I also had a Hoist to Hoist assignment. They have one of my debts that has been sold - OC had CCJ and restriction in 2004. I haven’t paid or contacted them in 3 years get the odd letter but nothing much.

[Joanna Connolly Solicitors]

I also had a Hoist to Hoist assignment. They have one of my debts that has been sold - OC had CCJ and restriction in 2004. I haven’t paid or contacted them in 3 years get the odd letter but nothing much.

Is it this ex M&S debt of £8k where you want to get the Restriction removed so you can remortgage?

I am going to need to get this restriction removed as need to remortgage. M and S no longer own the debt but they have stated they need confirmation from Hoist that the debt has been settled.

I am loathe to do this as there is no paperwork etc regarding the CCJ so they will not be able to substitute (if that even possible after 15 years)

Who was the last business you paid and when - was it M & S or Hoist?

Who is named on Land Registry as having the charge/Restriction?

The issue may be whether there were any assignment irregularities, and if so could that mean M & S still own the debt (the 15 year old CCJ).

This is the history you've posted so far >

M and S

• Loan
• Date commenced: 2000
• Approx balance-£8000
• Date last paid -July 2002
• Are you on arrangement or not paying:-stopped paying DMP August 2016
• Status-previous default that has now dropped off credit report
• Account owner-HPH2 - RW Agents

This debt has a CCJ from 2004 and a restriction on my property by the OC. However on investigation M and S have sold the debt but RW have not replaced their name on either the CCJ or CO. I think they will need to go to court for this. The CCJ was a judgement forthwith I believe as M and S just wanted to get the debt secured via a CO(its is however a restriction as debt in my name house jointly owned) . I wasn't ordered to pay any installments by the court - my DMP sorted out monthly payments which varied up/down annually. Have had a few lame letters off RW and a few calls but nothing much. I have rang M and S as I am not happy that I have a restriction on my property saying I owe them money but they have sold the debt. They told me they will remove the restriction if RW contact them to say the debt has been settled. I don't agree with this as its their problem if they sold it on incorrectly. I have received no notices of assignment and there are none in the SAR I received off M and S. Can anyone offer any advise please on this.

Di

[vaper]

I've taken a quick peek at your Diary thread so I think you're referring to your two Barclaycard debts.

Hoist have not complied with your s78 CCA Request for the £16k debt so that is currently unenforceable, but they (Hoist) don't seem to have been sent a CCA Request for the other £8k one (unless I've misunderstood).

I can also see that you were one of the many forum members who received a 'Hoist-to-Hoist' Notice of Assignment last year which indicated some kind of internal restructuring.

This was Jo's view at the time >




They probably have the freedom to assign your debts to another debt purchaser but that wouldn't correct the failure to comply with your s78 CCA Request

When did you last hear from Hoist on either of these debts and who exactly is named as the current owner?

Di

Hi there, sorry I haven't been on the forum much this year due to being in and out of hospital (health trumps finances) I'm just trying to catch up with stuff and update my diaries. Yes the £16,000 one has been very quiet since my CCA request. I will update ASAP. Thanks everyone for all your help x

yes you're right, I've just checked, it's now being managed by Moorcroft who I haven't CCA'd yet, do I need to get this done urgently?
sorry but I'm the only one doing this as hubby doesn't even know how to switch a bloody computer on lol.
im just trying to take things easy with my recovery but also realise that things have slipped whilst I've been poorly so am trying to check through stuff and prioritise everything

[gwlad]

Is it this ex M&S debt of £8k where you want to get the Restriction removed so you can remortgage?

Who was the last business you paid and when - was it M & S or Hoist?

Who is named on Land Registry as having the charge/Restriction?

The issue may be whether there were any assignment irregularities, and if so could that mean M & S still own the debt (the 15 year old CCJ).

This is the history you've posted so far >


Di

Hi Di

Hope you are well

Yes same debt.

Last paid Robinson Way August 2016

M and S still on LR I telephoned them last year and they told me they sold to Robinson Way and would remove the restriction when they had e mail off RW saying the debt had been paid

[JimmyJSC]

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

[The Tech Clerk]

send CCA no crossing out to:- webmaster@all-about-debt.co.uk for checking and link your name and posting , by the way I see this is your 1st posting so start a thread of your own and make a diary of events

[Joanna Connolly Solicitors]

I haven't been on the forum much this year due to being in and out of hospital (health trumps finances) I'm just trying to catch up with stuff and update my diaries.

yes you're right, I've just checked, it's now being managed by Moorcroft who I haven't CCA'd yet, do I need to get this done urgently?

. . . . im just trying to take things easy with my recovery but also realise that things have slipped whilst I've been poorly

I can't say whether you should send a s78 CCA for your £8k Barclaycard debt now without knowing the backstory.

Are you being threatened with legal proceedings by anyone?

Can you clarify who actually owns this debt - is it still with Barclaycard who are using Moorcroft as their Debt Collection Agent, or has it been assigned (sold) to Hoist?

Your health is a priority - I hope you make a speedy recovery

Di

[gwlad]

Hi

If Hoist FUH2L are not regulated would I be able to use this to negotiate a low f and f on a debt they have of mine. Its subject to CCJ and restriction so they will probably hold out for high f and f (even if its not in their name)

I have again phoned the OC who insist there is a CO in place when it is only a restriction and wont budge with regards to removing it.

Could really do with help regarding a full and final offer - anyone have any ideas?

Gwlad

[Warwick65]

Did you defend your ccj, admit it or get a judgement by default?

Not it sure if at this late stage there may be avenues for you to explore

[gwlad]

Hi Warwick

CCJ was handled by my debt management company at the time and they told me to admit to it - which I had no issue with as I owed the money. I was on arranged payments and up to date but the OC went for a CCJ/restriction. Basically turning an unsecured debt into a secured one.

I am not going to go ahead with the remortgage at this moment in time. I am not prepared to pay Hoist what they are asking for as they have bought the debt for pennies in the pound and I have worked out that I have paid back what they paid for the debt and some. Also they cannot prove the assignment but all irrelevant as the OC will not remove the restriction still insisting its a full charge when its not. To be honest if the OC still had the debt then I wouldnt have an issue with it.