Originally posted by Dottir
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It’s interesting isn’t it that Lowell bought Hoist but are not prepared to go with what Hoist (or RW) said. - yeah I thought something similar.... kind of why I didn't think / take advice and just sent the DSAR / CCA requests in July 2023 - lesson learnt.
Another tack might be to send a complaint to Lowell saying that Hoist had already admitted the account was UE and as such CONC clearly says they should acknowledge this CONC13.1.6 (8). Then add you will be happy to take this to the FOS. - interesting, its very clear from DSAR response that they were in possession of this information. Will get onto this first thing tomorrow.
Get this off asap as the shouldn’t issue a claim while there is a valid dispute
A lot depends on how strong you feel but if you worked in financial services I guess you are no walkover. - see below and make up your own mind
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Let us know what you decide
By the way, if a claim is issued, you defend you should be asked for mediation. Provided both sides agree you can then make an offer- maybe say you want to drawer a line under this so how about a tenner? - Did actually make a few settlement offers to Robinson Way back in 2021 I believe - all were ignored except last one were the reply asked for a lot of personal financial info so I ignored it. [Note: DSAR to LLoyds (orig creditor) uncovered evidence that I had informed them I was vulnerable and tried to settle my debt prior to them selling it on. Compensation was paid which I still have as a fund for settling (or engaging a solicitor) if necessary. Lloyds did offer to buy back the debt but baulked at my response of 'only if you write the whole lot off' as Rob Way had already declared it unenforceable by this point.]
sorry on an iPad at the moment as in a rather chilly Cracow ( or Krakow), fully of bloody tourists. - enjoy and thank you for taking the time out to reply while away
I think sometimes you just need to be a pain in the butt so they don’t want the aggravation.
Another tack might be to send a complaint to Lowell saying that Hoist had already admitted the account was UE and as such CONC clearly says they should acknowledge this CONC13.1.6 (8). Then add you will be happy to take this to the FOS. - interesting, its very clear from DSAR response that they were in possession of this information. Will get onto this first thing tomorrow.
Get this off asap as the shouldn’t issue a claim while there is a valid dispute
A lot depends on how strong you feel but if you worked in financial services I guess you are no walkover. - see below and make up your own mind

Let us know what you decide
By the way, if a claim is issued, you defend you should be asked for mediation. Provided both sides agree you can then make an offer- maybe say you want to drawer a line under this so how about a tenner? - Did actually make a few settlement offers to Robinson Way back in 2021 I believe - all were ignored except last one were the reply asked for a lot of personal financial info so I ignored it. [Note: DSAR to LLoyds (orig creditor) uncovered evidence that I had informed them I was vulnerable and tried to settle my debt prior to them selling it on. Compensation was paid which I still have as a fund for settling (or engaging a solicitor) if necessary. Lloyds did offer to buy back the debt but baulked at my response of 'only if you write the whole lot off' as Rob Way had already declared it unenforceable by this point.]
sorry on an iPad at the moment as in a rather chilly Cracow ( or Krakow), fully of bloody tourists. - enjoy and thank you for taking the time out to reply while away
I think sometimes you just need to be a pain in the butt so they don’t want the aggravation.
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