Alison's UE Diary

[Joanna Connolly Solicitors]

Debt #2 Original Creditor
- RBS AA Credit card.
Date of Agreement
-August 2005.
Current Owner
- RBS (Managed by Moorcroft)
Debt Balance
- £1987

. . .

September 10^th
Letter received with a CCA enclosed, will send to Niddy opinion (Niddy believes CCA is enforceable)

. . .

2019
December 31st
Notice of Assignment letter from both RBS ,new debt owners Hoist Finance UK Holding 3 Limited and a welcome to Robinson Way letter offering a 15% discount.

2020
September 28th
Letter of Claim received from Howard Cohen Solicitors to be returned by 29/10/20.

November 11th
Claim form received with an issue date of 05/11/20.

December 17th - Confirmation from Joanna Connolly Solicitors that the Claimant has issued a Notice of Discontinuance in relation to the claim.

We were happy to be able help especially since the credit agreement for this debt had been deemed enforceable

It's always satisfying when a Claimant discontinues their own claim rather than wait for a Judge to dismiss it.

Hoist are not FCA authorised to issue legal proceedings but that doesn't stop them from trying and sadly succeeding when the Defendant doesn't know how to argue this legal issue which Jo explains here >

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..

If anyone reading this post receives a claim from Hoist (whether stayed or ongoing) or has already been given a Default Judgment (CCJ) because they didn't respond to a claim, please feel free to email using di@joannaconnollysolicitors.co.uk.

Also let me know if you receive a Letter of Claim from Howard Cohen on behalf of Hoist because it helps to be one step ahead of the game.

Di

[Warwick65]

Let’s not forget that without Di, non of us would have found Joanna Connolly. I certainly wouldn’t have. Doesn’t mean I’m not grateful to Jo and ‘a very nice man’.

[RhodriMawr]

Debt #2 Original Creditor
- RBS AA Credit card.
Date of Agreement
-August 2005.
Current Owner
- RBS (Managed by Moorcroft)
Debt Balance
- £1987

2017
August 23^rd
- CCA request sent to MDR who were collecting the debt.
December 27^th –
Correspondence from Wescot, who were managing the debt, acknowledging the account is in dispute and returning £1.00 PO and an attached sheet with a Halifax log and the Lloyds Banking Group, Manchester Credit Card Operation address, that I have not provided a credit card number and they cannot locate the account with details provided.
2018
February 22^nd
.

Account statement provided by RBS.
March 5^th
-

Letter from RBS stating debt collection is transferred from Wescot to Moorcroft

.
March 9^th
–

Introductory letter from Moorcroft.
April 4^th
–

Monthly instalment offer.
April 18^TH
–

Letter requesting contact is made.
June 26^th
-

Letter stating that their local representative will be making a doorstep visit to establish contact on July7th

.
June 29^th
– Letter sent to Moorcroft stating, “
that under the FCA CONC rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you or any representative of yours”.
July 7^th
– Doorstep visit carried out, letter left with I & E form.

July 13^th
–Letter received from Moorcroft, explaining reason for home visit.

September 10^th
Letter received with a CCA enclosed, will send to Niddy opinion (Niddy believes CCA is enforceable)

November 20th
Letter received from RBS stating that due to failure in agreeing a suitable repayment plan, RBS have instructed Robinson Way to collect the debt.

November 20th
Introductory letter from Robinson Way.`

December 4th
"Settlement Available" letter from Robinson Way

2019
December 31st
Notice of Assignment letter from both RBS ,new debt owners Hoist Finance UK Holding 3 Limited and a welcome to Robinson Way letter offering a 15% discount.

2020
September 28th
Letter of Claim received from Howard Cohen Solicitors to be returned by 29/10/20.

November 11th
Claim form received with an issue date of 05/11/20.

December 17th - Confirmation from Joanna Connolly Solicitors that the Claimant has issued a Notice of Discontinuance in relation to the claim. Thanks to Colin and the team at JCS for their work.

[Joanna Connolly Solicitors]

Debt #2 Original Creditor
- RBS AA Credit card.
Date of Agreement
-August 2005.
Current Owner
- RBS (Managed by Moorcroft)
Debt Balance
- £1987

2017
August 23^rd
- CCA request sent to MDR who were collecting the debt.
December 27^th –
Correspondence from Wescot, who were managing the debt, acknowledging the account is in dispute and returning £1.00 PO and an attached sheet with a Halifax log and the Lloyds Banking Group, Manchester Credit Card Operation address, that I have not provided a credit card number and they cannot locate the account with details provided.
2018
February 22^nd
.

Account statement provided by RBS.
March 5^th
-

Letter from RBS stating debt collection is transferred from Wescot to Moorcroft

.
March 9^th
–

Introductory letter from Moorcroft.
April 4^th
–

Monthly instalment offer.
April 18^TH
–

Letter requesting contact is made.
June 26^th
-

Letter stating that their local representative will be making a doorstep visit to establish contact on July7th

.
June 29^th
– Letter sent to Moorcroft stating, “
that under the FCA CONC rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you or any representative of yours”.
July 7^th
– Doorstep visit carried out, letter left with I & E form.

July 13^th
–Letter received from Moorcroft, explaining reason for home visit.

September 10^th
Letter received with a CCA enclosed, will send to Niddy opinion (Niddy believes CCA is enforceable)

November 20th
Letter received from RBS stating that due to failure in agreeing a suitable repayment plan, RBS have instructed Robinson Way to collect the debt.

November 20th
Introductory letter from Robinson Way.`

December 4th
"Settlement Available" letter from Robinson Way

2019
December 31st
Notice of Assignment letter from both RBS ,new debt owners Hoist Finance UK Holding 3 Limited and a welcome to Robinson Way letter offering a 15% discount.

2020
September 28th
Letter of Claim received from Howard Cohen Solicitors to be returned by 29/10/20.

November 11th
Claim form received with an issue date of 05/11/20.

And then you and I made contact by email

Di

[RhodriMawr]

Debt #2 Original Creditor
- RBS AA Credit card.
Date of Agreement
-August 2005.
Current Owner
- RBS (Managed by Moorcroft)
Debt Balance
- £1987

2017
August 23^rd
- CCA request sent to MDR who were collecting the debt.
December 27^th –
Correspondence from Wescot, who were managing the debt, acknowledging the account is in dispute and returning £1.00 PO and an attached sheet with a Halifax log and the Lloyds Banking Group, Manchester Credit Card Operation address, that I have not provided a credit card number and they cannot locate the account with details provided.
2018
February 22^nd
.

Account statement provided by RBS.
March 5^th
-

Letter from RBS stating debt collection is transferred from Wescot to Moorcroft

.
March 9^th
–

Introductory letter from Moorcroft.
April 4^th
–

Monthly instalment offer.
April 18^TH
–

Letter requesting contact is made.
June 26^th
-

Letter stating that their local representative will be making a doorstep visit to establish contact on July7th

.
June 29^th
– Letter sent to Moorcroft stating, “
that under the FCA CONC rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you or any representative of yours”.
July 7^th
– Doorstep visit carried out, letter left with I & E form.

July 13^th
–Letter received from Moorcroft, explaining reason for home visit.

September 10^th
Letter received with a CCA enclosed, will send to Niddy opinion (Niddy believes CCA is enforceable)

November 20th
Letter received from RBS stating that due to failure in agreeing a suitable repayment plan, RBS have instructed Robinson Way to collect the debt.

November 20th
Introductory letter from Robinson Way.`

December 4th
"Settlement Available" letter from Robinson Way

2019
December 31st
Notice of Assignment letter from both RBS ,new debt owners Hoist Finance UK Holding 3 Limited and a welcome to Robinson Way letter offering a 15% discount.

2020
September 28th
Letter of Claim received from Howard Cohen Solicitors to be returned by 29/10/20.

November 11th
Claim form received with an issue date of 05/11/20.

[Joanna Connolly Solicitors]

Hi Di, I remember having a conversation with you along those lines. I will get them scanned and emailed over to you on Thursday.

I look forward to seeing Howard Cohen's Letter of Claim which will set out what Hoist intend to claim and why they think they have the right to claim it.

Should be interesting

Di

[RhodriMawr]

Hi Di, I remember having a conversation with you along those lines. I will get them scanned and emailed over to you on Thursday. Thanks.

[Joanna Connolly Solicitors]

A timely return to action by the forum with Howard Cohen getting serious on behalf of HFUK3HL.

Debt #2 Original Creditor
- RBS AA Credit card.
Date of Agreement
-August 2005.
Current Owner
- RBS (Managed by Moorcroft)
Debt Balance
- £1987

. . . .

September 10^th
Letter received with a CCA enclosed, will send to Niddy opinion (Niddy believes CCA is enforceable)


2019
December 31st
Notice of Assignment letter from both RBS ,new debt owners Hoist Finance UK Holding 3 Limited and a welcome to Robinson Way letter offering a 15% discount.

2020
September 28th
Letter of Claim received from Howard Cohen Solicitors to be returned by 29/10/20.

What good timing indeed (the return of the forum)

Why don't you email me that Letter of Claim from Howard Cohen solicitors, and also include the credit agreement from 2005 which you were sent too. Use di@joannaconnollysolicitors.co.uk

Unless I've misunderstood that credit agreement was sent to you by RBS (original creditor) not Hoist (subsequent debt purchaser)?

Hoist Finance UK Holding 3 Ltd do not have FCA authorisation.

Di

[RhodriMawr]

A timely return to action by the forum with Howard Cohen getting serious on behalf of HFUK3HL.

Debt #2 Original Creditor
- RBS AA Credit card.
Date of Agreement
-August 2005.
Current Owner
- RBS (Managed by Moorcroft)
Debt Balance
- £1987

2017
August 23^rd
- CCA request sent to MDR who were collecting the debt.
December 27^th –
Correspondence from Wescot, who were managing the debt, acknowledging the account is in dispute and returning £1.00 PO and an attached sheet with a Halifax log and the Lloyds Banking Group, Manchester Credit Card Operation address, that I have not provided a credit card number and they cannot locate the account with details provided.
2018
February 22^nd
.

Account statement provided by RBS.
March 5^th
-

Letter from RBS stating debt collection is transferred from Wescot to Moorcroft

.
March 9^th
–

Introductory letter from Moorcroft.
April 4^th
–

Monthly instalment offer.
April 18^TH
–

Letter requesting contact is made.
June 26^th
-

Letter stating that their local representative will be making a doorstep visit to establish contact on July7th

.
June 29^th
– Letter sent to Moorcroft stating, “
that under the FCA CONC rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you or any representative of yours”.
July 7^th
– Doorstep visit carried out, letter left with I & E form.

July 13^th
–Letter received from Moorcroft, explaining reason for home visit.

September 10^th
Letter received with a CCA enclosed, will send to Niddy opinion (Niddy believes CCA is enforceable)

November 20th
Letter received from RBS stating that due to failure in agreeing a suitable repayment plan, RBS have instructed Robinson Way to collect the debt.

November 20th
Introductory letter from Robinson Way.`

December 4th
"Settlement Available" letter from Robinson Way

2019
December 31st
Notice of Assignment letter from both RBS ,new debt owners Hoist Finance UK Holding 3 Limited and a welcome to Robinson Way letter offering a 15% discount.

2020
September 28th
Letter of Claim received from Howard Cohen Solicitors to be returned by 29/10/20.

[Spud]

As others have said, You will no doubt get some letters and or phone calls from Link regarding the account or it could get passed around to someone else to collect

One thing you need to do now is just tread carefully and play for time, If they or anyone else gets in contact, post up here and someone will advise you, Just be certain not to acknowledge the debt in any way. Barclaycard have some major issues with lots of their paperwork, Fingers crossed this is one of them

Well done, Its all heading in the right direction

[Roger]

From now on NO contact with Link!

Link will pester you by phone or writing.
This is often after considerable time delays sic 18 months.

Make certain that you never unintentionally restart the Statue Bar clock by admitting to the Debt! That's either in writing or in answering the phone!

Silence from now on!

[Warwick65]

That has to be great news. Do they actually mention the debt is now unenforceable. I believe they should do under FCA rules, or certainly not mislead you. Keep that letter- no CCA is a defence against any claim and if they tried it they would get a good spanking by the Judge- especially if Jo was involved.

If find it heartbreaking when these leeches hit a brick wall , saves me having to run them over.

[RhodriMawr]

Debt #3 Original Creditor

- Barclaycard

Date of Agreement

- Approx. 1995

Current Owner

– Link Financial

Debt Balance

- £11987

2017
August 18^th

- CCA request sent to MDR who were collecting the debt.

2018
March 2^nd

-

Letter from Wescot, requesting contact is made regarding the debt.

March 9^th

–

As above.

September 12^th

–

Letter from Link stating they are writing to validate the address.

2019
August 21st - Letter from Link apologising for the delay in responding and stating that following a request to Barclaycard they cannot provide CCA documents.

[RhodriMawr]

Debt #3 Original Creditor

- Barclaycard

Date of Agreement

- Approx. 1995

Current Owner

– Link Financial

Debt Balance

- £11987

2017
August 18^th

- CCA request sent to MDR who were collecting the debt.

2018
March 2^nd

-

Letter from Wescot, requesting contact is made regarding the debt.

March 9^th

–

As above.

September 12^th

–

Letter from Link stating they are writing to validate the address.

2019
August 21st - Letter from Link apologising for the delay in responding and

[Joanna Connolly Solicitors]

October 11th

County Court claim submitted by Cabot.

October 29th

Acknowledgement of service submitted.

November 12th

Defence submitted on my behalf by Joanna Connolly solicitors.

April 11th 2019 - Notification from Joanna Connolly Solicitors that

the Claimant has agreed to dismiss this claim with no order as to costs. Great work Diana & the team.

It's always nice when a Claimant consents (agrees) to dismiss their own claim

This began last October so you must be very relieved to finally get closure on a stressful situation.

Di