Robinson (Hoist HFUKH3L) pursuing - dodgy evidence?

[SamAnon]

Hi,

I have Robinson Way pursuing me for an alleged debt to Barclaycard, alleged start date 2008.

I have never had dealings with Hoist, Robinson Way before and I have certainly not paid them any money.



In 2019, it got to their solicitors, Howard Cohen threatening court. I sent a CCA to Hoist and a letter to Howard Cohen. This was Sept 2019

In this letter they allege a debt owed to yourselves that “originates from a written agreement dated XX/XX/08.”
I have written to your client Hoist Finance Holdings 3 Limited to request copy of this agreement. I understand that under the Consumer Credit Act 1974 (Sections 77?79), I am entitled to receive a legible copy of the written credit agreement on request. I expect them to comply fully and properly with this request, within the statutory time limit.
I have enclosed a copy of the letter for your reference.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
In addition, I am requesting a copy of the letter, notice and/or Certificate of Assignment, dated XX/XX/2018.


I would also be grateful if you could enclose Details of the Last Payment and the Default Notice for the account mentioned. Should this matter ever proceed to court, then you would need to produce these items anyway, so I trust that it is no issue to produce them now.


A month later, in October 2019, I received a reply, from Robinson Way, who I had not written to.

It acknowledged my CCA request and returned the £1 PO as being not needed. They also stated that my account was on hold until they had the requested Documents.

Fast Forward to November 2020 and the Robinson Way and they have sent me the following:

Further to your request for a copy agreement for the above account, please find enclosed the relevant
documentation for your attention.
Please note if an original agreement was not available, under the Consumer Credit Act as reconstituted
copy may be provided.

They also state the account is on hold for 14 days.

However... the only thing they have sent me is a Barclaycard CAS MART Application Retrieval.
I have attached a picture of it.

Does this count as an answer to my CCA request? Is this the proof that they would need to be able to pursue me for such a debt?

Thank you for your time and assistance!

S

[Joanna Connolly Solicitors]

Hello

May I just clarify something first, did Howard Cohen send you a formal 'Letter of Claim' last year or just a letter threatening to issue legal proceedings?

I'll have more questions, but this one is important to begin with.

Di

[Joanna Connolly Solicitors]

I know you’d like a Yes/No answer to your question about the document you’ve been sent, but it has to be put in context.

Section 77-79 CCA is for ‘information’ purposes not ‘proof’ purposes. They can send you ‘something’ but if that ‘something’ doesn’t comply with other sections of the Consumer Credit Act then the debt would be unenforceable.

In the case of Santander v Mayhew (me) I lost on the s78 argument but won on others so the claim was dismissed.

Was this a Barclaycard when you opened the account, or might it have been something else such as Egg which was acquired by Barclaycard in 2011?

How much is the outstanding balance which could provide a clue as to whether they would take this forward (issue a claim) in the hope you won’t know enough law to defend yourself.

Di

[SamAnon]

Hi Diana,

Thank you for answering me. Howard Cohen sent a letter threatening legal action and sent the forms about finance etc. They did not yet send a formal letter of claim.

The answers to your other questions: Barclaycard and between £15k and £17k.

So, yes I am sure they will try and pursue.

Thank you!

S

[The Tech Clerk]

Hello! = Make a diary as laid out below and up date all correspondence etc by date,


Tyoe of account -
Date commenced –
Approx balance -
Date last paid –
Are you on arrangement or not paying –
Status –
Account owner –...

[Joanna Connolly Solicitors]

I have Robinson Way pursuing me for an alleged debt to Barclaycard, alleged start date 2008.

I have never had dealings with Hoist, Robinson Way before and I have certainly not paid them any money.

. . . . In 2019, it got to their solicitors, Howard Cohen threatening court. I sent a CCA to Hoist and a letter to Howard Cohen. This was Sept 2019

In addition, I am requesting a copy of the letter, notice and/or Certificate of Assignment, dated XX/XX/2018.

I would also be grateful if you could enclose Details of the Last Payment and the Default Notice for the account mentioned. Should this matter ever proceed to court, then you would need to produce these items anyway, so I trust that it is no issue to produce them now.

S

When did you last make a payment towards this debt?

I note you say that you have not made any payments to Hoist or the DCA Robinson Way (owned by Hoist).

However you don’t say when the debt was assigned to Hoist. I just want to check whether there is a remote possibility that the debt could be Statute Barred.

I’m not sure I can agree with your assertion that they would have to produce a Default Notice to the court unless there were to be a court order to that effect e.g. following an Application for disclosure by you (as Defendant) etc. A lot would depend on how they pleaded their case on the claim form (i.e. in the Particulars of Claim section).

Ditto your wish to see Assignment documentation.

From what you say that letter you received from Howard Cohen last year may well have been a ‘Letter of Claim’.

Di

[The Tech Clerk]

e-mail a copy of that letter to Di for checking what exactly it was??

[SamAnon]

Thank for getting back to me - and on a Sunday too!

I guess then it probably was a letter of claim. God knows where I put it but it isn't with my other related papers and it was over a year ago.

The letter basically said we are going to sue you, please enter all your information into this form so we can work out how much and often you need to pay.

I replied with the letter mentioned in the first post.

Since then, around June 2020, RW started sending their usual chasing letters, so I was just going to let it lie and ask for information again further down the line - however they have surprised me by actually sending something through - over a year after I requested proof from them.

I last paid anything to Barclaycard in December 2015. At that point I had to close my company and couldn't afford payments.

Account was sold to Hoist in September in June 2016.

I am guessing that if they could get any more information out of Barclaycard than they did, then they would have sent it over.

Would the internal Barclaycard document they sent over stand up in court for them to pursue this debt, or do they still fail to meet the burden of proof required.

Incidentally, I haven't sent an SAR to Barclaycard as I didn't want them to put any effort into finding the information RW would need - I guess I should probably do that now.

Just to clarify my moral position on this, I don't dispute that I owed that money to Barclaycard. I had a a horrendous divorce and spent every penny in court to carry on seeing my child after the allegations my ex made. I had to close my limited company as I couldn't work due to stress of it. Happy result though, my daughter ended up living with me by the court's decision. However I was pretty much financially broken by it. I am currently living off carers allowance and simply cannot afford to repay a debt of £16k. If I could, I would have paid Barclaycard at the time.

From what you see, are they able to pursue this? If so, I will try and come to an arrangement with them - and make it plain that I am not actually worth the expense of suing.


Thank you for your help.

[The Tech Clerk]

Diana Mayhew will pop in and take a further look i am sure, no problem sunday or whatever day we are around at some stage usually

[The Tech Clerk]

strange after 1 year no CCJ, have you checked your Credit agency - a free one,?? just a thought?

[SamAnon]

strange after 1 year no CCJ, have you checked your Credit agency - a free one,?? just a thought?

RW sent me a letter saying that the account was on hold until they could supply the required information.

Just over one year later, they have sent over what was included in my first post.

No CCJs on my credit report. No court summons. They were asked for information to prove the debt and it has taken them over a year to send anything over at all.

[The Tech Clerk]

Better picture now Ok se what Di suggest

[Joanna Connolly Solicitors]

I haven't sent an SAR to Barclaycard as I didn't want them to put any effort into finding the information RW would need - I guess I should probably do that now.

Send a SAR to Barclaycard now.

What makes you think they (Barclaycard) would put any effort into finding information Hoist would need and share it with them (Hoist) since they (Barclaycard) washed their hands of this debt in 2016 when they apparently assigned it to Hoist?

A SAR should establish any data Barclaycard hold on you. If it's not in the SAR response then it didn't happen, regardless of what quasi documents the debt purchaser produces.

Di

[Joanna Connolly Solicitors]

Thank for getting back to me - and on a Sunday too!

Just to clarify my moral position on this . . . I had a a horrendous divorce and spent every penny in court to carry on seeing my child after the allegations my ex made. . . . . my daughter ended up living with me by the court's decision.

It's not moral argument, it's a legal argument!

I had a horrendous divorce too. In fact my divorce lasted longer than my marriage

My daughter and our springer spaniel ended up living with me.

Let's see if I can establish where this is heading and what your options might be..

Di

[SamAnon]

OK, Thank you.

I shall send off the SAR to Barclays in the morning.

Anything I should do to stall RW until I get a response from Barclaycard or shall I just tell them that I will be back in touch within 6 weeks once I have information that I have requested?

Thanks!