PowerOfCats UE Diary

[Joanna Connolly Solicitors]

the customer notes aren't in any sort of chronological order . . . Can someone shed light on what it is I'm looking for?

In some ways you're looking for what isn't there

Di

[PowerofCats]

So, Debt 1 and Debt 2 (MBNA) I've received a reply to my SAR and have paperwork going back to 2011 (accounts opened in 2006)

There's a piece of paper attached to the credit card statements that says ' unfortunately we have not been able to locate a copy of the signed credit card agreement due to the age and time that has passed. We can confirm that before we opened the credit card account we would have required sight of a signed agreement'.

Does this mean anything?

I've then found a bit in the customer service notes section whereby John Fishwick (regulatory team manager) states to Link they've provided Link with a copy of the original sighed by the customer - which is untrue. It's a Recon

the customer notes aren't in any sort of chronological order, so I'll have to seriously peruse them to make sense of them!

Can someone shed light on what it is I'm looking for? Thanks in advance!

[Joanna Connolly Solicitors]

Debt 5
Bank of Scotland

final notice letter received from CSL - we've been unable to reach a resolution and unless we hear in the next 10 days your account will be returned to our Client and further recovery action which may include 1)continued collection attempts by phone and letter 2) passing to another DCA 3) selling the account

Let's hope they go with 'Option 3' , and assign it to a debt purchaser who does not have FCA authorisation to issue court claims

Di

[nightwatch]

I would just file it away, wait and see what happens next.

[PowerofCats]

Debt 5
Bank of Scotland

final notice letter received from CSL - we've been unable to reach a resolution and unless we hear in the next 10 days your account will be returned to our Client and further recovery action which may include 1)continued collection attempts by phone and letter 2) passing to another DCA 3)selling the account

what do we think, file for now? This is an enforceable one with a balance of £3k but I only realistically have £600 max and not ready to try and settle yet

[PowerofCats]

thanks Diana Mayhew (sorry for the delay, I didn't get a notification that you'd replied!)

definitely the egg loan as my egg credit card has already been deemed UE as barclays confirmed they didn't have any docs
with this one, I'm still awaiting my CCA request as nothing has come through. I can't recall the start date, but I know it was around 2006/2007 and I had a further advance on the loan around the end of 2008.

definitely got the termination letter from IDEM. All filed.

I honestly have no paperwork pre my diary. I basically used to bin everything and just pay stepchange (I know, lesson learned). I did an SAR with Barclays and nothing worked. They sent me duff codes in the post and I've got a complaint open about it

I don't intend to do anything for now as I've still not had my CCA request fulfilled and by their own correspondence they confirm it's UE until then.

Thanks Di

[Joanna Connolly Solicitors]

14. Debt: Egg Loan - bought by Barclays - Currently Hoist Finance UK Holdings 3 Limited.
Account Opened: Unsure- dropped off credit file. Was pre-2008 however
Balance at time of starting DMP: £6000?
Current balance: £2957
Defaulted? YES - Dropped off and gone
Last payment received: September 2018 via Stepchange for nominal low amount
22/10/18 - Notice of Arrears
10/01/19 - CCA request signed for. Signature receipt saved as PDF
14/01/19 - letter received whereby they acknowledge request and sent back the £1 postal order as they have stopped charging for CCA requests
28/01/19 - Letter from IDEM unfortunately we are unable to supply a copy of the credit agreement and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you under separate cover in compliance with your request. Currently UNENFORCEABLE
26/02/19 - letter from IDEM stating that they have conducted a review of the interest and payment and confirm the last date I paid was 16/10/18 and so due to non-payment they are reinstating the previous interest rate of 9.510%? If I want to maintain 0.00% to contact them within 14 days.
04/04/19 - Letter dated 01/04 - Your account is in arrears. Please call to make a payment or discuss alternative payment options available to you
25/04/19 - Letter dated 18/04 - arrears notice and letter detailing the current state of the account. I notice they have started to apply interest again and added £21.22 making the total now £2940.50. Still awaiting CCA request as nothing received.
19/06/19 - Letter dated 14/06 - We do not have a payment plan in place to repay your account. Then details options available to me and them. They have continued to apply interest and balance now £2982. Still awaiting CCA request as nothing received and so currently still UNENFORCEABLE
24/07/19 -Notice to terminate your account.Payment demand for balance of £3020.90 demanded.
31/07/19 - No current payment arrangement in place. Unless rectified in 7 days 1)recoveries department 2)external debt collection
14/08/19 - Letter received from IDEM Servicing with a balance of £3004 stating that payment is required.
21/09/19 - Increasingly concerned we've not spoken to you. Failure to contact MAY result in 1) a representative visiting 2) external DCA
18/09/19 - Attempted to contact. Call in 10 days or we will appoint Resolvecall to visit.
14/10/19 - letter dated 11/11/19 stating that as of the 20/09/19 my account has been purchased by HOIST FINANCE UK HOLDINGS 3 LIMITED.


.

Hello

I'm the one who asked loads of questions to establish the situation before making any suggestions on your next step.

Here goes:

When did you enter into this EGG loan agreement? Your thread/post history says "unsure".

Are you certain it was an EGG loan not an EGG credit card which was acquired by Barclaycard in 2011? I'm sure you're right but I thought I should check.

When was this loan assigned from Barclays (who acquired it from EGG) to Idem (if it was) and do you have the Notice of Assignment? I ask because it is unusual (but not unthinkable) for a debt purchaser to assign a stale debt to another debt purchaser.

You say that in July 2019 you received a Termination Notice from Idem (I presume it was Idem). That's odd because the account should have been terminated by the original creditor (Barclays) before it was assigned to the next 'debt owner'.

Hoist Finance UK Holdings 3 Ltd was incorporated only last year according to Companies House. They are not authorised by the FCA so they do not have the legal right to issue a claim according to a Circuit Judge's recent Appeal ruling.

Jo explains the situation in this post (referencing Hoist Finance UK Holdings 1 and 2) >

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..

I would do nothing until you hear from Hoist.

Di

[PowerofCats]

Thanks!
I'll sit tight I think.

[The Tech Clerk]

they can go ahead SWID ok but many a judge would put to one side, they have outstanding CCA request from you - so their problem, see what happens next meantime chin up

What is hoist Finance UK?

Hoist Finance AB(publ)(“Hoist Finance”) is a pan-European group active within debt purchasing and receivables management. We specialise in the purchasing and management of non-performing and performing consumer receivables. ... The parent company Hoist Finance AB

[PowerofCats]

Debt 14
Letter from IDEM stating that HOIST FINANCE UK HOLDINGS 3 LIMITED has purchased the account and debt.
Isn't this a SWID case? They've never provided my CCA request response and acknowledge they have approached the original lender but have had no response.

Also, who are Hoist?!

[PowerofCats]

Debt 1
Debt 2

Digital SAR sent via MBNA website for both accounts

[PowerofCats]

IF resolve call come a knocking, don't open the door. or of you do, do not enter into any talks with him, just say not today thanks and shut the door,
they only call to see if you do live there, try and get you to say the debt is yours, "reconect" you to the DCA to get you to pay up,
They have no power whatso ever

thanks Nightwatch!

[nightwatch]

IF resolve call come a knocking, don't open the door. or of you do, do not enter into any talks with him, just say not today thanks and shut the door,
they only call to see if you do live there, try and get you to say the debt is yours, "reconect" you to the DCA to get you to pay up,
They have no power whatso ever

[PowerofCats]

Diana Mayhew , that's interesting re: the virgin MBNA cards... can anyone shed any light on this so that I can bookmark and file for if this comes and bites me on the bum? Niddy? any links?

Here's some updates. I've had a clear out of a bureau and found a few old letters and also put my new ones on

Update on Debts as letters found whilst clearing up

Debt 4 – Notice from Natwest dated 18/05/18 – non-compliance for notice of sums of arrears between 2 dates. Refund of £475 applied to account

Debt 5 – found the letter from BOS instructing Credit Security Limited

Debt 14 – Idem – we will send Resolvecall to visit.
^ this debt is still unenforceable as no response to CCA request. Continue to ignore? What do I do if they do turn off on the off-chance I’m home?

[Joanna Connolly Solicitors]

Diana Mayhew , what are your thoughts with Link and my MBNA debts? I've had very little contact with them up to now as it's taken nearly 9mths for them to respond to the CCA request. Now they are classed as enforceable, should I do a monthly repayment or wait it out?

Both these MBNA accounts have been assigned/sold to Link Financial.

Even if the credit agreements are enforceable that doesn't mean the debt will be enforceable. There can often be assignment issues and Default Notice issues (especially with MBNA and Link).

I note your Virgin branded MBNA credit card was opened in January 2006. So I've looked at this previous post by Niddy on another thread which suggests that Virgin branded MBNA credit cards issued before April 2007 may have a flaw >

As the subject title suggests - if you've ever had a Virgin branded MBNA Credit Card (pre 04/2007) then you'll be pleased to know that it WILL be Iredeemably Unenforceable - we've won a great case and found some fatal flaws and got judgment in our favour.

So, if you receive a claim from PRA Group or anyone else for that matter, regarding an old Virgin Credit Card then let us know and we can help you to defeat the claimant.

The above applies to all cards issued pre April 2007.

Maybe just keep your head down for now and post on your Diary if/when you hear from Link again.

I would also send a Subject Access Request to MBNA to see what data and documents they hold on file. Because it's sometimes possible for a debt purchaser to send a reconstituted credit agreement which is not honest and accurate. Did the covering letter from Link say these credit agreements were recons?

Di