Divorce, Covid and Debts! My diary

[teknow]

Hoist (ex Barclaycard) - £19,331.84
Account was opened circa 2011 (head in sand sorry I can't be more precise)
Account passed to Hoist in Oct 2018
Last payment ..... (head in sand time again) ... around Jan 2018

Ignored all correspondence from Hoist / Robinson Way

They issued a pre-court action letter to me in October 2020.

I replied to this on 12th November 2020, within the timescales, disputing the debt on ground that more information was required. I requested a copy of the CCA at the same time.

I have not requested any information from Barclaycard.

Received two letters (December 2020 and February 2021) saying account was on hold whilst Hoist requested the CCA from Barclaycard.

Third letter arrived today, dated 1st April 2021, of which the pertinent parts says:

Further to your recent contact in relation to your account we have now completed our investigation. Unfortunately, despite our attempts, we have been unable to source the additional information we required from your original creditor to full resolve your dispute however should we receive this in the future we will provide it you.

Please find below the information that we currently hold within our records:

• Your account was passed to HFUKh1l (ex Barclaycard) on 2018-10-18
• Your current outstanding balance is £19,331.84

We would like to remind you that the balance on this account remains outstanding. Please contact us ....... We can agree a repayment plan ....... or agree a discounted settlement amount helping you to clear this account quicker.

What happens next?

We have placed your account on hold for the next 14 days to allow you some time to look at how you would like to manage your account. If we haven't heard from you during this time, we'll contact you again.

My thoughts

I'm thinking that the reason they may not have been sent the info is quite possibly because of the COVID disruption to business??? They could produce a CCA in the future.

In the last 3 years I've been through a difficult divorce, and COVID has killed off my business. Currently having to rely on government help (Universal Credit) for the first time in my life to survive. I have a small savings pot - enough to offer a 5% or so offer to potentially settle this and remove the worry.

I really don't know if I should contact Hoist - haven't yet. Never. Any advice would be very welcome and hugely appreciated.

[Timewilltell]

Hello and welcome Teknow, so you have done the best thing to date for this alleged debt, you’ve found us and we are you guardian angels. So sit down relax and await all the good advice.
As mad as it may sound you are actually in the driving seat with this. All the time they can’t find the paperwork then they can’t legally enforce the debt in court nor can they do anything if you decide to stop paying which you have every right to do so.
They always add the lime about finding the paperwork in the future as it a)leaves the door open (or so they think), b) to provoke the very doubt reaction in yourself.
If I were in your position I would stop paying, the default already shows on your credit file so damage has been done, not that it can’t be rectified but it will take time.

I’m sure others will be along over next couple of days to add more helpful assistance. But for now just concentrate on pulling your life back together as it sounds as though you’ve had a tuff time recently.

As I said, you have taken the first steps to taking control back over this debt, it may be a bumpy ride to start with but the journey will smooth out rather quicker than you may think.

any questions please post, no such thing as a silly question here, reason being most of us have had to ask them before you!!

[PlanB]

Hello

I think you need to break this situation down into bite sized chunks so you don’t feel so overwhelmed or intimidated by Hoist.

‘Head in the sand’ is not unusual so don’t feel bad about that!

I’m guessing from what you’ve said/posted that you may have received a Letter of Claim in October 2020.

Was your reply/response to that a formal CCA Request under section 77-79 CCA or did you simply ticked a Box D disputing the debt?

Have you sent a formal s77-79:CCA Request to anyone including the £1 statutory fee?

Fast forward to the rest of your post it seems that Hoist may have acknowledged that this debt is unenforceable.

I look forward to helping you.

Di

[teknow]

Kind words. Everything I've done to date was from reading AAD Consumer Forum. I stopped paying a long time ago (forced to by circumstance). Not too worried about the default or credit file as I don't intend borrowing in the foreseeable future -- but would be good in time to rectify that!

[teknow]

Hello Di. In response:

I’m guessing from what you’ve said/posted that you may have received a Letter of Claim in October 2020.

Correct

Was your reply/response to that a formal CCA Request under section 77-79 CCA or did you simply ticked a Box D disputing the debt?

I wrote a letter constituting a formal CCA Request under section 77-79 CCA. I also ticked Box D disputing the debt. I also enclosed the £1 statutory fee. The letter was addressed to Howard Cohen & Co Solicitors. Have an electronic copy of this letter on file for my records I could forward if you need to see any of it.

Have you sent a formal s77-79:CCA Request to anyone including the £1 statutory fee?

Only to Howard Cohen & Co Solicitors as described above.

Fast forward to the rest of your post it seems that Hoist may have acknowledged that this debt is unenforceable.

It seems this way! My concern obviously is that they find a CCA once the world awakes from the COVID lockdown.

I look forward to helping you. So kind - thank you for taking the time to reply.

Di

[PlanB]

I stopped paying a long time ago

Which begs the question when did you last make a payment towards this debt just in case there could be Statute Barred possibilities.

I’m not going to raise your expectations but I do like to be thorough


Di

[teknow]

Which begs the question when did you last make a payment towards this debt just in case there could be Statute Barred possibilities.

I’m not going to raise your expectations but I do like to be thorough


Di

I can't be 100% sure without going through bank account details - but roughly January 2018.

[PlanB]

Hello Di. In response:
. So kind - thank you for taking the time to reply.

Di

You're welcome

I’ll be back online tomorrow.

Let’s see where this situation is heading then.

Di

[Gerry Jemitus]

I really don't know if I should contact Hoist - haven't yet. Never.

Just on that point, best you do not contact them, just sit back and see what if anything they come up with for the moment.

If they do provide anything, Niddy the site owner will review it for you. Even when their paperwork appears to be in order, there are still ways to defend these cases, should it come to that, so don't worry.

[teknow]

Just on that point, best you do not contact them, just sit back and see what if anything they come up with for the moment.

If they do provide anything, Niddy the site owner will review it for you. Even when their paperwork appears to be in order, there are still ways to defend these cases, should it come to that, so don't worry.

Appreciate the advice and will act on it. I'm not worrying at the moment - bigger fish to fry! Once again, thanks to everyone who has contributed so far and to those who've taken time to read.

[PlanB]

Hello Di. In response:

I wrote a letter constituting a formal CCA Request under section 77-79 CCA. I also ticked Box D disputing the debt. I also enclosed the £1 statutory fee. The letter was addressed to Howard Cohen & Co Solicitors. Have an electronic copy of this letter on file for my records I could forward if you need to see any of it.

My concern obviously is that they find a CCA once the world awakes from the COVID lockdown.

Well one way to find out whether there is any remote possibility of Hoist producing a compliant credit agreement in future would be to send a Subject Access Request to Barclaycard to see what information/data they hold. Because if they haven't got what's needed then Hoist won't be able to produce it either will they

Can you remember how you opened the account such as online, in a branch, over the phone etc? And was it Barclaycard from the very beginning or could it have been Egg, Morgan Stanley Dean Witter, Goldfish, Monument etc?

Di