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  • Diana Mayhew
    replied
    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

    Leave a comment:


  • Diana Mayhew
    replied
    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

    Leave a comment:


  • Warwick65
    replied
    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?

    Leave a comment:


  • Diana Mayhew
    replied
    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

    Leave a comment:


  • Del
    replied
    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 !

    Leave a comment:


  • Diana Mayhew
    replied
    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

    Leave a comment:


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

    Leave a comment:


  • Del
    replied
    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

    Leave a comment:


  • Diana Mayhew
    replied
    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

    Leave a comment:


  • Del
    replied
    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.

    Leave a comment:


  • Diana Mayhew
    replied
    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.

    Leave a comment:


  • nightwatch
    replied
    You need to contact DI, di@joannaconnollysolicitors.co.uk

    She will be able to explain things to you.

    Leave a comment:


  • Del
    replied
    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

    Leave a comment:


  • Diana Mayhew
    replied
    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

    Leave a comment:


  • Strepsi
    replied
    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?

    Leave a comment:

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