Moonmonkey's Diary

[Never-In-Doubt]

Im glad to be a part of this forum. NID, your helpful gesture is appreciated by me ( Sorry Moon for hijacking your diary, couldn't resist

You're welcome - if you need help just start a thread and / or send me an email and we'll help where possible

[Moonmonkey]

Tesco Personal Loan / Hoist Robinson Way

Agreement Start Date: 25/01/2010
Feb 20 Balance: £886.91
Last Payment via Payplan: 15 Feb 2020 £78.97
CCA requested: 27/02/2020
CCA signed for: 28/02/2020

06/03/2020 - Letter received from Robinson Way dated 29/2/2020 (why did it take a week?)
We can confirm that we have received a CCA request.
In order for us to request these documents we have had to cancel the payment arrangement that was in place. (good cos I have cancelled the standing order)

Your account will remain on hold until we have received the requested documents from our client. Once these have been sent to you we will be in contact regarding your payment.

Ok - so if they provide enforceable paperwork I will revert to my payments and/or try and get a settlement. I reckon they will have a CCA .21 paid since 29for this one

02/04/2020 - Letter received from Robinson Way advising that they have been notified by Payplan that I am not using them anymore and to complete an I&E to arrange a payment plan. Filed

03/04/2020 - Another letter from Robway saying that they are waiting for a response from Tesco (re CCA) and my account is on hold until then. Yesterday they were chasing me for money - make your mind up

04/05/2020 - Letter from Robway.

We would like to confirm the details we have for you

• your account was passed to hoist finance uk holdings 2 limited on 28/1/2016
• there has been £2966.21 paid since 28/1/2016
• your default date is 24/3/2014
• current outstanding balance is £886.91
• your account was opened with original creditor on 25/1/2010

as we have not been able to provide all details specific to your dispute we have marked your account as unenforceable, meaning we will not pursue any legal action, and informed our client to remove any reporting on your credit file.

The above account remains outstanding, and we want to work with you to make an affordable arrangement.............etc etc.

at the moment we may be able to offer you a reduction in the amount you owe, get in touch to discuss a reduced amount.

We have held your account for 14 days to allow you time to do this, after collection activity will resume

7/5/2021 - forgot to add some important info at the end of their letter. "We now consider your dispute closed" - my dispute being a request for a CCA, not really a dispute - anyway. Sitting on my hands now

update - i re read the letter and missed this bit off "We now consider your dispute closed"

[Joanna Connolly Solicitors]

update - i re read the letter and missed this bit off "We now consider your dispute closed"

In some ways your dispute is closed.

They've admitted the debt is unenforceable so won't take legal action notwithstanding the fact that Hoist Finance UK Holdings 2 Ltd is not authorised by the FCA to issue legal proceedings with or without a credit agreement.

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.

If 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 agree that sitting on your hands is the next step since you're at the 'checkmate' stage

Di

[Moonmonkey]

Tesco Personal Loan / Hoist Robinson Way

Agreement Start Date: 25/01/2010
Feb 20 Balance: £886.91
Last Payment via Payplan: 15 Feb 2020 £78.97
CCA requested: 27/02/2020
CCA signed for: 28/02/2020

06/03/2020 - Letter received from Robinson Way dated 29/2/2020 (why did it take a week?)
We can confirm that we have received a CCA request.
In order for us to request these documents we have had to cancel the payment arrangement that was in place. (good cos I have cancelled the standing order)

Your account will remain on hold until we have received the requested documents from our client. Once these have been sent to you we will be in contact regarding your payment.

Ok - so if they provide enforceable paperwork I will revert to my payments and/or try and get a settlement. I reckon they will have a CCA .21 paid since 29for this one

02/04/2020 - Letter received from Robinson Way advising that they have been notified by Payplan that I am not using them anymore and to complete an I&E to arrange a payment plan. Filed

03/04/2020 - Another letter from Robway saying that they are waiting for a response from Tesco (re CCA) and my account is on hold until then. Yesterday they were chasing me for money - make your mind up

04/05/2020 - Letter from Robway.

We would like to confirm the details we have for you

• your account was passed to hoist finance uk holdings 2 limited on 28/1/2016
• there has been £2966.21 paid since 28/1/2016
• your default date is 24/3/2014
• current outstanding balance is £886.91
• your account was opened with original creditor on 25/1/2010

as we have not been able to provide all details specific to your dispute we have marked your account as unenforceable, meaning we will not pursue any legal action, and informed our client to remove any reporting on your credit file.

The above account remains outstanding, and we want to work with you to make an affordable arrangement.............etc etc.

at the moment we may be able to offer you a reduction in the amount you owe, get in touch to discuss a reduced amount.

We have held your account for 14 days to allow you time to do this, after collection activity will resume

7/5/2021 - forgot to add some important info at the end of their letter. "We now consider your dispute closed" - my dispute being a request for a CCA, not really a dispute - anyway. Sitting on my hands now

12/05/2020 - Another letter received from Robinson Way advising that they have been notified by Payplan that I am not using them anymore and to complete an I&E to arrange a payment plan. They already sent one of these on 2/04/2020

Boring Update ZZZZZZZZZZZZZZZZZZZzzzzzzz

[Moonmonkey]

Sainsburys Bank Personal Loan / Wescot

Agreement Start Date: 15/02/2008
Feb 20 Balance: £1539.86
Last Payment via Payplan: 15 Feb 2020 £137.10
CCA requested: 27/02/2020
CCA signed for: 28/02/2020

09/03/2020 - Letter from Sainsbury's Bank Recoveries in Hull
Saying - "We need you to call us, before we can take the next steps"

What should I do?

23/03/2020 - Letter from Sainsburys bank dated 10/03/2020 sent to me muvvas - saying that they have passed the debt onto Wescot and refer to my arrangement through payplan - self managing now and withholding payment until i get an enforceable CCA.

23/03/2020 - Letter from Wescot dated 11/03/2020 again sent to me muvvas - saying that they have been passed the debt from Sainsburys and refer to my arrangement through payplan.

24/04/2020 - I offered them F&F of 10% awaiting response.

20/05/2020 - Letter from Wescot dated 5/5/2020 saying that they are looking into my request and account is on hold for now.

Boring Update

[Moonmonkey]

Tesco Personal Loan / Hoist Robinson Way

Agreement Start Date: 25/01/2010
Feb 20 Balance: £886.91
Last Payment via Payplan: 15 Feb 2020 £78.97
CCA requested: 27/02/2020
CCA signed for: 28/02/2020

06/03/2020 - Letter received from Robinson Way dated 29/2/2020 (why did it take a week?)
We can confirm that we have received a CCA request.
In order for us to request these documents we have had to cancel the payment arrangement that was in place. (good cos I have cancelled the standing order)

Your account will remain on hold until we have received the requested documents from our client. Once these have been sent to you we will be in contact regarding your payment.

Ok - so if they provide enforceable paperwork I will revert to my payments and/or try and get a settlement. I reckon they will have a CCA .21 paid since 29for this one

02/04/2020 - Letter received from Robinson Way advising that they have been notified by Payplan that I am not using them anymore and to complete an I&E to arrange a payment plan. Filed

03/04/2020 - Another letter from Robway saying that they are waiting for a response from Tesco (re CCA) and my account is on hold until then. Yesterday they were chasing me for money - make your mind up

04/05/2020 - Letter from Robway.

We would like to confirm the details we have for you

• your account was passed to hoist finance uk holdings 2 limited on 28/1/2016
• there has been £2966.21 paid since 28/1/2016
• your default date is 24/3/2014
• current outstanding balance is £886.91
• your account was opened with original creditor on 25/1/2010

as we have not been able to provide all details specific to your dispute we have marked your account as unenforceable, meaning we will not pursue any legal action, and informed our client to remove any reporting on your credit file.

The above account remains outstanding, and we want to work with you to make an affordable arrangement.............etc etc.

at the moment we may be able to offer you a reduction in the amount you owe, get in touch to discuss a reduced amount.

We have held your account for 14 days to allow you time to do this, after collection activity will resume

7/5/2021 - forgot to add some important info at the end of their letter. "We now consider your dispute closed" - my dispute being a request for a CCA, not really a dispute - anyway. Sitting on my hands now

12/05/2020 - Another letter received from Robinson Way advising that they have been notified by Payplan that I am not using them anymore and to complete an I&E to arrange a payment plan. They already sent one of these on 2/04/2020

05/06/2020 - just popped onto the Robinson Way customer Portal / Website, and there is a button that says "settle account". I very nearly stuck 10% of the debt in and clicked submit. I need talking down - I'm like an alcoholic and i have just walked into a Weatherspoons.

Update or should i say a cry for help

[nightwatch]

stay off the website, the idea of them sending/repeating the letters is to get you annoyed enough to do something silly. I think it's working.

They have not complied with your CCA request, You know that, they know that, it is UE till they comply with it, they know that, no matter what they try and say to make you pay up.
laugh at them for thinking you are daft enough to believe them,

enjoy the weekend xx

[Moonmonkey]

Tesco Personal Loan / Hoist Robinson Way

Agreement Start Date: 25/01/2010

Feb 20 Balance: £886.91
Last Payment via Payplan: 15 Feb 2020 £78.97
CCA requested: 27/02/2020
CCA signed for: 28/02/2020

06/03/2020 - Letter received from Robinson Way dated 29/2/2020 (why did it take a week?)
We can confirm that we have received a CCA request.
In order for us to request these documents we have had to cancel the payment arrangement that was in place. (good cos I have cancelled the standing order)

Your account will remain on hold until we have received the requested documents from our client. Once these have been sent to you we will be in contact regarding your payment.

Ok - so if they provide enforceable paperwork I will revert to my payments and/or try and get a settlement. I reckon they will have a CCA .21 paid since 29for this one

02/04/2020 - Letter received from Robinson Way advising that they have been notified by Payplan that I am not using them anymore and to complete an I&E to arrange a payment plan. Filed

03/04/2020 - Another letter from Robway saying that they are waiting for a response from Tesco (re CCA) and my account is on hold until then. Yesterday they were chasing me for money - make your mind up

04/05/2020 - Letter from Robway.

We would like to confirm the details we have for you

• your account was passed to hoist finance uk holdings 2 limited on 28/1/2016
• there has been £2966.21 paid since 28/1/2016
• your default date is 24/3/2014
• current outstanding balance is £886.91
• your account was opened with original creditor on 25/1/2010

as we have not been able to provide all details specific to your dispute we have marked your account as unenforceable, meaning we will not pursue any legal action, and informed our client to remove any reporting on your credit file.

The above account remains outstanding, and we want to work with you to make an affordable arrangement.............etc etc.

at the moment we may be able to offer you a reduction in the amount you owe, get in touch to discuss a reduced amount.

We have held your account for 14 days to allow you time to do this, after collection activity will resume

7/5/2021 - forgot to add some important info at the end of their letter. "We now consider your dispute closed" - my dispute being a request for a CCA, not really a dispute - anyway. Sitting on my hands now

12/05/2020 - Another letter received from Robinson Way advising that they have been notified by Payplan that I am not using them anymore and to complete an I&E to arrange a payment plan. They already sent one of these on 2/04/2020

05/06/2020 - just popped onto the Robinson Way customer Portal / Website, and there is a button that says "settle account". I very nearly stuck 10% of the debt in and clicked submit. I need talking down - I'm like an alcoholic and i have just walked into a Weatherspoons.

09/06/2020 - FFS just picked up the phone and it was Robinson Way - went through security and asked me why i wasn't paying - I said that they have not complied with my CCA request so the debt was unenforceable. He had to go and speak to a manager but he thinks if its unenforceable they will close the debt down and pass it back to Tesco. He also said he needs more info from his Manager and will call me back .............

Update - Advice please - would they just give a debt back to Tesco?

[Moonmonkey]

Update - Advice please - would they just give a debt back to Tesco?

Another Update - they called back and i ignored it

[Roger]

Another Update - they called back and i ignored it

YOU MUST SIT ON YOUR HANDS!!
The reason why AAD say NO contact that's phone, sms, email etc.. is because we do NOT want them to redouble their efforts and turn up with a EN CCA!!

[Moonmonkey]

YOU MUST SIT ON YOUR HANDS!!
The reason why AAD say NO contact that's phone, sms, email etc.. is because we do NOT want them to redouble their efforts and turn up with a EN CCA!!

Hard not to pick up the call - I couldn’t just hang up

[The Tech Clerk]

use to use call baring facility

[Timewilltell]

Monkey, Block the number, or better still now you know the area code just don’t answer any calls from that code, if it’s real important they’ll leave a voice mail if it’s a call from someone other than these cretins.

[Moonmonkey]

OK so i know I should not of got in to wranglings with Robinson Way yesterday. When I told them that they had not complied with my CCA agreement, they did say "even if its unenforceable in the courts, you still need to pay. Why are you not paying?". It was an uncomfortable question, i just said i will not pay you anything while I have an outstanding dispute.

I won't be talking to them on the phone again, but was there a better answer?

They also said that if its unenforceable they will pass it back to Tesco - So does anyone know if RW are a debt purchaser or do they just collect on behalf??

[cymruambyth]

It is easy to say do nothing, we all want a quick solution, but unfortunately you need to be patient, it is worth it in the end. Never talk to them on the phone, if you answer the phone to them refuse to go through their security questions - how do you know it is them and not a scam, just say all communication by letter for your own security.
They have said it is unenforceable, so just read and file paperwork and check on here before you write anything. As you become more confident, you will look forward to answering the phone, saying no and hearing their frustration.