d1n48s UD - Hoist Finance UK Holdings 3 Limited

[Joanna Connolly Solicitors]

Thank you for all the insights!

I have one more to add

Regardless of whether Hoist comply with your s78 CCA Request, if they are not authorised by the FCA they cannot lawfully issue legal proceedings against you.

Jo explains this 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..

Di

[d1n48s]

Thank you for all the insights!

[Joanna Connolly Solicitors]

wondering what the point is / message they're trying to send by ignoring my letters but sending a request for payment directly to where I live.

It's a good thing that they've sent correspondence to your current address because you now have evidence that they know where you live.

So if they issue/serve a claim on your old address in the hope of getting a Default Judgment (CCJ) because you don't respond, you have proof that they shouldn't have done that if you ever need to get a CCJ set aside.

It helps to think like a lawyer sometimes

Di

[nightwatch]

message they are trying to send is,
we are bored, shall i press the next button on the machine and see what rubbish it spews out,
then Bob at the next desk ( social distanced )can spin the wheel to see who it's sent to.
Sheila in the post room can nip to the post office, picking up the on line order from the cafe, that is now doing take out, (while wearing mask and gloves ) on the way back.
then in the afternoon we will all sit as far away from the phone as possible, then have a mad scramble to get to it when it rings, medal awards on last friday of the month.

have a nice weekend x

[The Tech Clerk]

Automatic templates by computer of no acknowledge by you in ignore for now

[d1n48s]

Probably, just wondering what the point is / message they're trying to send by ignoring my letters but sending a request for payment directly to where I live.

[The Tech Clerk]

registered on Experian etc at new address may be??

[d1n48s]

Hello Di,

I travel for work so move house frequently. I use my business address for post because it's the most consistent address I've had for the past 10 years. All the post is forwarded to me wherever I am. I've recently just moved into a new house (registered on the electoral roll as I have done with every other move as they tend to be for 18-24 mths at a time). The letter from RW came directly to my new address, addressed to me with the new address details, and did not go to the business address.

[Joanna Connolly Solicitors]

received a letter from Robinson Way acting on behalf of HFUKH3L (EX IDEM EX RBS). It's been sent to my current home address although all previous coms were from my business/office address. Still no response, or acknowledgement from Hoist or Idem for the SAR. Do I start again with Robinson Way?

No

From what you say Hoist have not complied with your CCA Request so there's nothing you need to do. The ball is firmly in their court.

However, can you just clarify the address situation for me. Was the CCA Request sent from your business/office address (as referenced in your post) and if so, have you access to any post that they may have sent there instead of your current home address?

Di

[d1n48s]

An update on the above.
I've received a letter from Robinson Way acting on behalf of HFUKH3L (EX IDEM EX RBS). It's been sent to my current home address although all previous coms were from my business/office address. Still no response, or acknowledgement from Hoist or Idem for the SAR. Do I start again with Robinson Way?

many thanks

[d1n48s]

Marvellous

Thank you

[Joanna Connolly Solicitors]

Hello Di,

nothing from Hoist and nothing from Idem.

Do I need to follow up now and tell them that the debt is unenforceable?

Definitely not!

In fact they should be telling you that it is unenforceable under the FCA Handbook CONC 13.1.6 (8) because it would be misleading to do otherwise >

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html


compliance with an information request under section 77, 78 or 79 of the CCA, a firm should make it clear when communicating to a customer about a debt that the debt is in fact unenforceable. Failure to do so, in that case, would in the FCA's view unfairly mislead the customer by omission. Any communication that implies expressly or otherwise that a debt is enforceable when it is known that it is not, would be misleading. One way to avoid this would be for the firm to explain to the customer the full meaning of 'unenforceable'.


Do nothing for now.

Di

[d1n48s]

Hello Di,

nothing from Hoist and nothing from Idem.

Do I need to follow up now and tell them that the debt is unenforceable?

[Joanna Connolly Solicitors]

Previously Lombard Direct (Corrected from Capital One), passed to Idem, now passed to Hoist Finance UK Holdings 3 Limited

Type of account: Unsecured loan
Date commenced: Between 2006 and 2008
Balance as of June 2019: £9,000
Date last payment made: June 2019
Are you on arrangement or not paying: Idem cancelled the DD when this was sold to Hoist. Hoist's only contact has been to advise that Robinson Way Ltd will deal with this now but no communication since.
Status: Idem default no longer showing but Hoist placed a new default on in December 2019
Account owner: all communications are coming from Hoist

2019 10 11 Letter from Idem advising Hoist have purchased the account
2019 10 14 Notice of Assignment from Hoist
2019 12 -- Default appears on Credit file from Hoist
2020 01 03 CCA & Proof of default letter sent to Hoist Finance Holdings 3 Ltd
2020 01 23 No response received as yet from Hoist or Robinson Way

Have you received anything from Hoist in response to your s77-79 CCA Request sent on 1st March 2020?

If not then this debt (originally opened at least twelve years ago) should be unenforceable until or unless the do comply with your request eventually

Di

[d1n48s]

2020 02 12 Lombard respond with no data held. "We cannot locate any of your personal data from the information you have provided".
2020 02 12 No response from Hoist
2020 02 12 No response from Idem Servicing