Hoist Finance UK Holdings 1 Limited v M (2022)

Joanna Connolly

Joanna Connolly Solicitors

Join Date: Aug 2013

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Hoist Finance UK Holdings 1 Limited v M (2022)

30 January 2024, 10:25

Fast Track Trial. Claim issued by Hoist in relation to Barclaycard . The Claimant was represented by Henderson Chambers.

The Judge found:

a) The Default Notice was bad
b) Lack of evidence of legal assignment
c) The agreement unenforceable under s.86C CCA.
d) Hoist did not have jurisdiction to bring the claim in the county court as not a creditor as required under s.141 CCA

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I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

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