Moonmonkey's Diary

[Joanna Connolly Solicitors]

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??

According to your earlier posts Robinson Way wrote to inform you that the debt had been "passed" to Hoist in January 2016. Robinson Way are the debt collector acting as an agent for Hoist.

If Hoist want to "pass it back to Tesco" they may have a problem unless there was something specific in the assignment that said they could return it if (or more likely when) the debtor discovered the credit agreement was unenforceable.

You've also posted that the current owner is Hoist Finance UK Holdings 2 Ltd which does not have FCA authorisation to issue legal proceedings as 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..

Definitely stay off the phone to Robinson Way, and definitely don't tell them what you know or they may try harder to source or reconstitute documents which they don't have in their possession.

Di

[Moonmonkey]

According to your earlier posts Robinson Way wrote to inform you that the debt had been "passed" to Hoist in January 2016. Robinson Way are the debt collector acting as an agent for Hoist.

If Hoist want to "pass it back to Tesco" they may have a problem unless there was something specific in the assignment that said they could return it if (or more likely when) the debtor discovered the credit agreement was unenforceable.

You've also posted that the current owner is Hoist Finance UK Holdings 2 Ltd which does not have FCA authorisation to issue legal proceedings as Jo explains here >




Definitely stay off the phone to Robinson Way, and definitely don't tell them what you know or they may try harder to source or reconstitute documents which they don't have in their possession.

Di

Thanks Di, So Robinson Way work for Hoist or are part of Hoist? So Hoist own the debt and its likely that they purchased it from Tesco?

[nightwatch]

Thanks Di, So Robinson Way work for Hoist or are part of Hoist? So Hoist own the debt and its likely that they purchased it from Tesco?

RW, work for a number of debt purchasers, they just do the work, take a percentage of what you pay and the rest is passed to whomever bought it.
if Hoist bought it from Tesco, then they are stuck with it. They have my Tesco account, which is EU and now very very SB,
RW also have 2 of our barclaycards, Ue and SB, so are not doing very well out of us.

Please try and just block the numbers or just hang up when they phone.
make it a game, just think how worked up you get when they call, now think how annoying it is if you hang up on them, forget being polite be a little sh1te xxxx

[Joanna Connolly Solicitors]

Thanks Di, So Robinson Way work for Hoist or are part of Hoist? So Hoist own the debt and its likely that they purchased it from Tesco?

Robinson Way are owned by Hoist. See this Confirmation Statement on Companies House (unless the link times out) > https://s3.eu-west-2.amazonaws.com/d...f367ac3acd0155


If Tesco assigned the debt to Hoist you should have been sent a Notice of Assignment by both Tesco and Hoist. If that didn't happen then it raises questions over the validity of any assignment.

Di

[Moonmonkey]

Robinson Way are owned by Hoist. See this Confirmation Statement on Companies House (unless the link times out) > https://s3.eu-west-2.amazonaws.com/d...f367ac3acd0155


If Tesco assigned the debt to Hoist you should have been sent a Notice of Assignment by both Tesco and Hoist. If that didn't happen then it raises questions over the validity of any assignment.

Di

thanks Di - so if the debt is deemed unenforceable then it wont go back to tesco - think i remember a notice of assignment.

[Joanna Connolly Solicitors]

thanks Di - so if the debt is deemed unenforceable then it wont go back to tesco

I would think if the debt is unenforceable there may be a 'discussion' between the two of them over who is going to hold the hot potato. It all depends on what was agreed in the Deed of Assignment.

Wait to see what happens next but don't speak to anyone.

Di

[Moonmonkey]

nothing through the door for a couple of weeks - bored with working from home and today I have a 5 hour training session on managing complaints FML

[Moonmonkey]

Well I have had nothing for over a month - and its about 5 months since i sent my CCAs with only one being sent. Although this is good its very boring

[Timewilltell]

Maybe they’re having trouble accessing their files from the cabinet as they are all working from home and office is locked up!

the longer it takes them the better for you as boring as it seems!

[Joanna Connolly Solicitors]

Well I have had nothing for over a month - and its about 5 months since i sent my CCAs with only one being sent.

Maybe because most of your debt owners have been unable to comply with your s77-79 CCA Requests?

Which of your debts received a response and was it compliant ? (signpost me to the post).

Di

[Moonmonkey]

Maybe because most of your debt owners have been unable to comply with your s77-79 CCA Requests?

Which of your debts received a response and was it compliant ? (signpost me to the post).

Di

yeah it was the MBNA one - enforceable confirmed by NID - settled the account.

[johnbruce]

yeah it was the MBNA one - enforceable confirmed by NID - settled the account.

Hi Moonmonkey how much you paid to settle with MBNA ? percentage of total debt.

[Moonmonkey]

Hi Moonmonkey how much you paid to settle with MBNA ? percentage of total debt.

shhhhhhh it was 60% and i got told off for it, but at the time i wanted it gone as enforceable.

[Joanna Connolly Solicitors]

shhhhhhh it was 60% and i got told off for it, but at the time i wanted it gone as enforceable.

Who told you off and why?

The credit agreement may have been enforceable but that's not necessarily the same thing as the debt being unenforceable especially if there is non-compliance with their other statutory duties or assignment issues.

This debt was sold to Link

Di

[Moonmonkey]

Barclaycard / Link

Agreement Start Date: 31/05/2005
Feb 20 Balance: £1118.70
Last Payment via Payplan: 15 Feb 2020 £99.61
CCA requested: 27/02/2020
CCA signed for: 02/03/2020

30/03/2020 - Letter received from link apologising for the delay - but Barclaycard have been unable to supply the documents within the 12 working day timescale. Although the account is currently UNENFORCEABLE until such time as the vendors documentation has been received, it remains collectable and they can still add a default etc.

Luckily Default dropped of my CRA's March 2019.

30/04/2020 - Statement of Account from Link

12/08/2020 - Letter received from Link - saying they have been unable to establish a constructive dialogue with your advisor (that will be Payplan) so they have cancelled my payment arrangement and to contact them to discuss repayment.

This is still unenforceable - no mention of the CCA request

Boring update - will file, although my 10 month old daughter has eaten most of it. She thought the I&E budget form was delicious