HOIST FINANCE UK HOLDINGS 3 LIMITED

[Joanna Connolly Solicitors]

I sent off a s77-79 request to Robinson Way back in May and eventually got a letter back confirming they could not provide the information requested and as such my debt is currently unenforceable.

The letter reminded me that despite the debt being unenforceable it remains outstanding and requests that I get in touch to set up a payment plan or agree a settlement.

This is good news - Robinson Way (on behalf of Hoist) have admitted that the debt is unenforceable. This is particularly pleasing since it was an overdraft which some debt owners try to say are not covered by s77-79 CCA.

In some ways that letter is asking you to make voluntary payments towards an unenforceable debt.

It's up to you what you do next, but since they can't enforce the debt there's not much they can do to you except write more letters.

If they eventually source the credit agreement then reconsider your stance but from what you've said this may be a 'pigs will fly' situation

Di

[NotMartinLewis]

Hi all,

Just wanted to let you know I sent off a s77-79 request to Robinson Way back in May and eventually got a letter back confirming they could not provide the information requested and as such my debt is currently unenforceable. Thank you all for pointing me in the right direction of what to do.

The letter reminded me that despite the debt being unenforceable it remains outstanding and requests that I get in touch to set up a payment plan or agree a settlement.
Any advice for next steps would be appreciated. Am I now in a position just to ignore all letters and make no further payments until the debt becomes statue barred? If so, will it be 6 years from the date of the last payment i made to the account for it to become statute barred? Does any one have an idea of what kind of a % reduction might be negotiated for a settlement?

Thanks

[Warwick65]

My understanding and I am sure Di can confirm. After about 2012 overdrafts had to be renewed annually and came under the cca. Therefore a cca request is appropriate.

somewhere on here is the reporting of a case where it was confirmed failure to comply with s78 made an overdraft UE

See post 8

[The Tech Clerk]

DSAR have you requested? if not send DSAR request for all information held by them relating to you, they have 30 days to respond unless there is a good excuse (like now maybe) to extend time, keep copy and update a diary of events with dates etc/. you could do it on line on their site?

[NotMartinLewis]

Early overdraft were agreed with letter offering overdraft facility later CCA was used

I'm pretty sure I applied for the overdraft via online banking. I'm also pretty sure i had to confirm my earnings as i applied and that they sent a letter to confirm and provide an undated CCA but I no longer have paperwork that confirms this.

Its feeling more and more like i need to go back to Lloyds and try to get copies of all the correspondence I no longer have.

[The Tech Clerk]

Early overdraft were agreed with letter offering overdraft facility later years CCA was used

[NotMartinLewis]

early overdrafts were letter of facility?

Im sorry but I'm not sure what it is you are asking.

[NotMartinLewis]

Di,

One more question for now, how many years were there between your last payment towards the Lloyds overdraft and your token payment to Robinson Way (I presume) at the end of March this year?

Di

I was moving around a lot when much of this happened and there is a period where I was unable to access the address where Lloyds were sending my correspondence. Now that my account is closed I had some difficulty getting Lloyds to confirm in writing any information regarding the account to me. (I haven't sent them a subject access request as yet but am happy to do so if you think more detail would be useful.) From what correspondence I do have here is what i can piece together:

The last bank statement I have from Lloyds stated my closing balance to be -£2,879.38 (overdrawn) as at 1 July 2014. At this point I was still working with Lloyds to try and fix the issue and was making regular payments to service the debt but I don't have statements to show this.

I have a letter from Lloyds date 9 September 2015 that states an account balance of £2212.26 and that in 30 days from the date of the letter my overdraft limit will reduce from £2,330.00 to £0.00.

Next correspondence I have from Lloyds was dated 20/11/2016 informing me my current account was being moved to Robinson Way. The balance stated in this letter was £2,184.52.

There is then a slightly confusing letter dated 5 February 2018 that seems to be a statement of my account. It states my opening balance to be £2,184.52 and my closing balance to be £2,170.40, however there are no transactions are detailed on the statement. I honestly don't recall making a payment to Lloyds on or around this time but cant say for sure that I did not.

Further correspondence from Lloyds on 8 October 2018 stated that £54.63 of interest and fees had been incorrectly applied to the account and that the account had been adjusted (though the letter didn't confirm the balance of my account either before or after the adjustment.)

If you applied the £54.63 adjustment to the £2,184.52 this gives an account balance of £2,129.89 which marries up with the next account statement provided by Lloyds on 28/11/2019). But if this is the case the 5 February letter from Lloyds is now even more confusing. [My best guess is that it was Lloyds first try at correcting the interest/fees as they appear to have reverted back to the £2,184.52 account balance before applying the £54.63 adjustment.]

The £2,129.89 figure ties up the the amount stated on the correspondence from all parties in relation to the assignment of my debt from Lloyds to Hoist Finance.

The token payments made in March and April 2020 where made to Robinson Way. I believe these are the only instances where I have made a payment to anyone other than Lloyds in regards to this debt.

To summarise..... I stopped making regular payments to Lloyds to service the debt sometime between 9 September 2015 and 20 November 2016 (I can't be more specific but it was probably quite early on in this period). Payments recommenced in March 2020 to Robinson Way.

Thanks again.

[The Tech Clerk]

early overdrafts were letter of facility? Later CCA used

[NotMartinLewis]

Hi Di,

Sorry its taken a while to get back to you but I needed to do some digging to find the answers to some of your questions..

When (what year) did you open the bank account and any associated arranged overdraft, or was it an unarranged overdraft?

Have you already sent Hoist a s77-79 CCA Request?

The account was opened sometime around November 2003.

My bank statement covering the period 06/07/2013 - 22/07/2013 is the first statement that details a planned overdraft, of £1,500. (there was a £25 "buffer zone" facility on the account dating to before this time which was essentially a planned interest free overdraft that came as a feature of the account but i can not evidence if this was in place from when the account was opened or some later date)

My bank statement covering the period 23/07/2013 - 06/08/2013 is the first statement that details a planned overdraft, of £3,000.

I havent sent a s77 - s79 CCA request as yet - will hopefully get one sent off over the weekend (based on https://all-about-debt.co.uk/article...96-cca-request unless there is a better starting point you could point me in the direction of).

Look forward to hearing from you around the assignment and FCA authorisation issues in due course.

Many thanks.

[Joanna Connolly Solicitors]

I had not made any payments on the account for several years but did make e a token payment (£2 at end of March 2020) and one further payment (£10 at the end of April 2020) The intention was to try pay this amount each month in future.

One more question for now, how many years were there between your last payment towards the Lloyds overdraft and your token payment to Robinson Way (I presume) at the end of March this year?

Di

[Joanna Connolly Solicitors]

I have a debt relating to an old Lloyds bank overdraft that I defaulted on (approx £2000).

Hello again - some questions from me as promised

When (what year) did you open the bank account and any associated arranged overdraft, or was it an unarranged overdraft?

Have you already sent Hoist a s77-79 CCA Request?

They may tell you that it's not relevant since it's an overdraft not a credit card or loan, but they would be wrong as Jo explains here >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

I'll post about the assignment and FCA authorisation issues separately.

I look forward to helping you.

Di

[nightwatch]

not really, just pick one and fall over.
we'll pick you up when we stop laughing.

Honest

[NotMartinLewis]

Wow... I didn't realise that this person was a trigger for so many here. Is there a thread I should read about acceptable usernames before I put the other foot in my mouth also?

[The Tech Clerk]

I think we need to change your username as well as we do not discuss the clown you've named yourself after on this forum.

I'll email you directly to arrange once you reply and start chatting more frequently.

Defiantly change it