Patch's Diary

[patchouli]

Morning Di :-)

Hoist Finance UK Holdings 1 LIMITED
R/O Quays reach

[Joanna Connolly Solicitors]

I thought all this was over and done with and then I get a County Court Claim Form through dated 30th January to my new address (lived here a year).

Is it too late to do anything about this or can I still fight it?

Of course it's not too late to fight it, this is just the beginning

I'll read back through the history on your thread, but you can read this post by Jo which will explain that Hoist Finance UK Holdings are not authorised by the FCA so cannot (or should not) issue legal proceedings >

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.

What is the exact name of the Claimant on the claim form?

Di

[patchouli]

Date of default

17 Sep 2014

[patchouli]

• Type of account Barclays CC (mine)
• Date commenced05/06/1998
• Approx balance £2,481.48
• Date last paid December 2013
• Are you on arrangement or not paying not paying since December 2013
• Status
• Account owner Barclaycard / westcott
• Current state of play

24th January 2014 - Two texts telling me to expect a text, two texts telling me I am late paying.
And now the automated calls have started.....
28th Jan - text "Barclaycard are here to help"
29th January 0844 calls at 08:51 - 18:43 - 20:15 - 20:16 - 20:16
30th January 0844 calls at 08:43 -
31st Jan 0844 calls at 09:38 - 19:09 - 20:37
1st February - text telling me to expect a text. Text then telling me I was a 'little late' again.
2nd Feb - 0844 calls at 09:38 - 18:05 - 20:20
4th Feb - 0844 calls at 11:58 - 18:14
5th Feb - text telling me I am a little late paying
6th Feb - 09:33 - 19:08 - 20:36
7th Feb - 0844 calls - 17:52
8th Feb - 0844 calls - 17:40 - 19:59
13th Feb - text telling me to expect a text.
13th Feb - Text telling me my payment is a 'little' late.
17th Feb - text telling me they are here to help if I need them... nope.. I has AAD!
20th Feb - 0844 calls at 09:13 - 09:14 - 18:53 - 19:09 - 22:25 -
22 Feb - 0844 calls at 09:47 - 18:21 - 20:34 -
24th Feb - 0844 calls at 08:59 - 20:18 -
25th Feb - text telling me my credit rating could be affected... HA! No shit Sherlock!
26th Feb - 0844 calls at 09:31 -
27th Feb - 0844 calls at 16:43
28th feb - 0844 calls at 09:11 - 18:52 - 20:23
1st March - text telling me they have tried to call me, I need to call them or pay at www.I'drathereatskunk.com
2nd March - 0844 calls at 09:25 - 17:44 - 19:57
4th March - 0844 calls at 08:47 - 18:40 - 20:14
5th March - text telling me they have tried to call me, I need to call them or pay at www.kissmyass.com
6th March - 0844 calls at 09:25 - 19:01 - 20:34
12th March, had enough of all the calls to my mobile so I diverted them all to voice mail :-)
14 texts
45 calls

27th February CCA request sent.
3rd March CCA signed for by 'JOHN' .. does this mean the texts and calls will stop?
7th March letter dated 3rd March arrives.. they are concerned and I need to pay or they will 'Set off' on my Barclays account.
8th March letter dated 5th March arrives.. Reply to my CCA arrives, no signature. Copy sent to Niddy. UE must send MPT
26th March letter dated 19th March from Mercers DEFAULT...
27th March sent MPT
28th March missing PT signed for by STARTIN
3rd April letter dated 28th March arrives, no mention of MPT but saying they will pass debt on.
10th April letter dated 1st April saying they have replied to my query regarding MPT pay up.
29th April letter dated 23rd April saying Despite our efforts, you need to call us, may be passed on to local DCA, may call at your address, call us now.
28th May letter dated 21st May from MERCERS.. we can help, call us now, I've missed 5 payments, if I pay 3 now they will pay the other two. No mention of my request for missing terms.
4th July undated letter from MERCERS ... We would like to discuss your current situation and offer you repayment options or we will close your account and the full amount will be due.
6th August letter dated 1st August from Barclaycard saying Formal Demand for Payment - as I haven't complied with the default notice payment is due in full within 14 days. If I don't then they will get a DCA involved and register my naughtiness with credit ref agencies..
13th August letter saying my account has been passed to WESTCOT I should contact them as a matter of urgency... filed
16th August letter from WESTCOT saying they have been isntructed by their client and I need to contact them in 10 days to avoid further recovery action... filed
26th August letter from WESTCOT saying they've confirmed I live here, if I don't contact them they will start telephone, text and letter harrasment... filed
28th August BARCLAYCARD send me improved terms and conditions letter.... do what now?... filed
5th September letter from WESTCOT offering reduced settlement on the £2,883.26 owed.... filed
21st September letter from WESTCOT again offering me an 'opportunity to take control in a way that suits me'... yeah well that would be to file this letter then.
2nd October letter from 2F (which is Westcot) bascially saying "we know you live there, call us or Barclays will be taking additional action to re-establish contact with you.... filed
6th October telephone answer message saying "Please telephone to as on 01482380680. we-are open from 8:00am to 8:00pm Monday to Friday and 8:00am to 4:00pm on ... Thank you." (my 'phone converts voice to text. The 'to as' is infact 2F)
9th October telephone answer message saying "Please telephone to as on 01482380680. we-are open from 8:00am to 8:00pm Monday to Friday and 8:00am to 4:00pm on ... Thank you." (my 'phone converts voice to text. The 'to as' is infact 2F)
26th November - Letter from Barclays saying the debt has been passed on to MOORCROFT.
29th November - Letter from MOORCROFT saying they have my debt.
6th December - Letter from MOORCROFT saying they haven't been able to contact me if I don't reply to this letter they will be forced to contact me again or another DCA might.
26th December 2014 MOORCROFT installment offer
10th January 2015 MOORCROFT you havent paid
20th january MOORCROFT discount offer
24th March 2015 letter from both BARCLAYCARD and MK Rapid Recoveries saying they have bought the interest in the account
8th April MK Rapid Recoveries you haven't paid
20th April MK Rapid Recoveries you still havent paid.
21 October 2015 Letter from HOIST PORTFOLIO HOLDING 2 LIMITED telling me MKDP has sold all rights to them, HPH2. They have instructed ROBSON WAY to collect payment.
26th November letter dated 21st from saying they want to work with me to get a payment agreement. Enclosed a financial statement form.
2016
18th January 2016 letter dated 12th January from ROBSON WAY saying their client HPH2 LTD has offered me a 50% deal.
8th July 2016 letter dated 2nd July from HOWARD COHEN SOLICITORS NOTICE OF PENDING LEGAL ACTION...saying that I have 10 days to pay or they will issue proceedings in county court for a CCJ.
9th July LBA sent to HOWARD COHEN SOLICITORS.
13th July 2016 Your item with reference **************GB was delivered from our LEEDS Delivery Office on 13/07/16 signed for by Simpsons

HELLO EVERYONE!!

I thought all this was over and done with and then I get a County Court Claim Form through dated 30th January to my new address (lived here a year).

Is it too late to do anything about this or can I still fight it?

Hope everyone is well, I've been a bit meh over the last year or so, finally feeling better and this happens! ha ha....

[patchouli]

OK so sent the form back on the 8th... got a letter yesterday from Robson saying everything is on hold while they collate documents to send to me... Considering back in December 2015 they were finding it hard to get documents from original creditor I wont hold my breath....

[patchouli]

I sent nothing back and did nothing ..... I will send it back today.

[Joanna Connolly Solicitors]

and totally forgot about the threat of action!!!!

Diana what should I do? Or have I shot myself (hubby) in the foot?

Does this mean you didn't reply to the Letter Before Claim by Day 30?

You can send it back now but it may be too late. However don't stress because you say the credit agreement you received is unenforceable so unless that changes they will be in some difficulty if they issue a claim against your hubby.

Tick box D which says you dispute the debt and post it back to them on Monday.

Di

[patchouli]

oh poo!!!!! I've been helping a friend with a lost persons campaign (her son has gone missing, 5 weeks today) and totally forgot about the threat of action!!!!

Diana what should I do? Or have I shot myself (hubby) in the foot?

[patchouli]

Naughty us not accepting the settlement offer!!!

• Type of account Was Skycard, they changed it to Barclays Gold CC (hubbys)
• Date commenced Sky 2005 - change 2007
• Approx balance £1,663.06
• Date last paid December 2013
• Are you on arrangement or not paying
• Status not paid / default
• Account owner Barclaycard Gold Mastercard
• Current state of play
  Stopped paying in December 2013.
  
  Letter received 28th December 'you haven't paid, we can take from current account if you have one.

Letter received 25th January 'You bad boy, you still haven't paid so we are passing it over to Mercers, which is still us but with a scary name... perhaps... so pay up or we will write to you again!'

Sent CCA request 27th Jan 2014

CCA signed for by Luke Hawker on the 28th Jan

Letter received 4th February saying they got the CCA request and are dealing with it.

7th February CCA forms arrived...

10th February Sent CCA forms to Niddy to look at.

11th February Niddy says UE, I need to send missing PT's.

12th Feb missing PT sent via signed for.

13th Feb signed for by "Printed name: BARCLAYS"

20th Feb letter saying we have done what we should have, quoted Carey v HSBC and I still owe them.

21st Feb letter dated 14th Feb from Mercers saying they are chasing the debt and want payment or else!

28th Feb letter dated 23rd Feb from Mercers saying despite their efforts to contact him he hasn't paid so they may pass account over to a specialist collections mob who may call at our address... good luck with that.

25th March letter dated 18th March from Mercers saying despite their efforts to contact him he hasn't paid so they may pass account over to a specialist collections mob who may call at our address.... Same as last months letter.

23rd April letter dated 15th April from Mercers saying despite their efforts to contact him he hasn't paid and now owes 5 payments, if he is a good boy and pays 3 of them they "will credit your account with the remaining 2" nice underlining and bold effect but no thanks..

23rd May letter dated ... oh, it's not dated! Anyway from Mercers saying They would like to discuss the current situation, if I don't call then the account will be closed "and the full balance will become due immediately." *yawn*

5th July letter dated 1st July from Barclaycard, Senior Operations Manager, "As you haven't fully complied with default notice we sent you some time ago..account closed... balance due in full... we might sell to DCA..." yadda yadda yadda

16th July Barclays letter saying debt passed on to Wescot Credit Services Ltd.

19th July WESCOT letter telling us we can pay them and it is essential we respond in 10 days or recovery action blah blah...

29th July Wescot letter saying they've confirmed he is living at this address, acting on behalf of Barclays (so not sold in dispute then?) if he doesn't contact them they will continue to call, text and letter..... wow... lol

4th August Sold in Dispute sent.

5th August SID letter signed for.

16th August WESTCOT reply with acknowledgement of SID letter and they are looking into it.

6th November arrived 8th November letter from Barclaycard saying they have 'passed on' the account to ROBSON WAY

12th Nobvember letter from ROBSON WAY saying they are authorised to negotiate payment, if we dont pay they may keep calling and writing to us.

22nd November ROBSON WAY "We understand that in these difficult times...." Filed and ignored.

11th December ROBSON WAY Letter, call us to arrange payment

13th February 2015 - ROBSON WAY You haven't paid, we can help, call us

4th March - ROBSON WAY You still haven't called us.

22nd May - Letter from BARCLAYCARD and MKDP in the same envelope. Barclays advise me they have transferred and assigned the account to MKDP

1st June - MKDP letter you haven't offered to pay us!

8th June MKDP You still haven't paid us so we now have no option but to transfer your account to KEYNES, call us or we will do this!

21st July MKDP You still haven't paid so we are now referring your account to MKDP LLP who may commence litigation against me.

6th August MKDP You still haven't paid so now we have no option but to referr your account to KEYNES additional charges will be added to your account.

12th August - arrived on 26th August - NOTICE OF INTENDED LEGAL ACTION .. MKDP You failed to respond so we have instructed KEYNES COLLECTIONS to collect the outstanding balance on our behalf. Letter is a formal demand for payment unless full payment is made in 14 days (I didn't get it until today!!) legal action may be taken against you.

need to add date - Sent them LBA letter

need to add date - They signed for it

5th September MKDP letter dated 2nd September saying you sent an LBA and mentioned a Section 78 request but we have never had one so do it now and we will get back to you.

17th September I sent a letter saying "yes you did get a CCA, it was signed for by XYZ..."

18th September letter signed for by ROOKE

8th October letter dated 3rd October... From ROBSON WAY saying they have noted the dispute/query and have stopped all collection activity while they make enquiries. Why Robson Way? I wrote to MKDP...

19th November letter dated 12th from ROBSON WAY saying they still have no reply from original creditor.

26th December letter from ROBSON WAY saying they still have no reply from original creditor.

2016

13th January letter dated 7th from ROBSON WAY saying they need a formal request for the agreement.

6th February Notice Of Assignment MKDP LLP has assigned to HOIST portfolio HPH2 Ltd

17th March 2016 Letter from ROBSON WAY which I presume is for this account to hubby saying they have been given this address as his contact address can we confirm.

7th April letter from HOIST PORTFOLIO to inform us the rights, title and interest of the account has been assigned by MKDP LLP to and that ROBSON WAY has been appointed by HPH2 Ltd to manage the account. Then a second sheet outlining our payment options.

21st April letter from ROBSON WAY NO MINIMUM PAYMENT REQUIRED Take control contact us before 2nd May and tell us what YOU can AFFORD. Filed.

10th May 2016 Letter from ROBSON WAY saying What are you able to pay? we want to work with you... enclosed is a financial statement.... filed.

21st May letter dated 17th May from ROBSON WAY asking if they have address correct...? Are they stupid?

12th July letter dated 6th from ROBSON WAY asking "What are you able to pay?" .. filed ... they are clearly a bit thick, I feel sorry for them.

3rd August letter dated 28th July from Pre-Legal Assessment telling us they are going to pass it on to Howard Coh£n... seriously.. it can't be worth it for them can it?

2018

17th January 2018 - Letter from Howard and Conartists - LETTER OF CLAIM

26th January 2018 - Letter from Howard and Conartists - Without prejudice settlement offer £450.

7th February 2018 - Letter dated 2nd from H&C noting we haven't yet responded to settlement offer, we need to realise we only have 7 days left to accept. If we don't then they are entitled to continue with CCC against me.

[patchouli]

Update....

Got another letter from H&C

Without Prejudice - Settlement Offer £450

'In an effort to conclude this matter quickly and to prevent a County Court Claim being........'

14 days from the 26th jan to pay...

I know... aren't they kind hahaha..... I've filed it along with all the other daft letters.

[Roger]

Update....
Got another letter from H&C
Without Prejudice - Settlement Offer £450
'In an effort to conclude this matter quickly and to prevent a County Court Claim being........'
14 days from the 26th jan to pay...

Without Prejudice!! But it requires you to acknowledge the debt doesn't it?
I should email Di because it UE and there are other issues.

[patchouli]

Update....

Got another letter from H&C

Without Prejudice - Settlement Offer £450

'In an effort to conclude this matter quickly and to prevent a County Court Claim being........'

14 days from the 26th jan to pay...

[patchouli]

Thank you Di....

no need to do anything before then except send a Subject Access Request to Barclays

Do I use the on-line form? https://www.apply.barclays.co.uk/for...execution=e1s1

Wont that be admitting he was once a customer? :-/

[Joanna Connolly Solicitors]

the LOC states:

HPH2 Ltd (ex Barclays) [it was actually Sky card before that and they changed it 2007]

£1,999 due

agreement date September 2005

Our client later purchased and was assigned September 2015...

We stopped all payments in December 2013

Don't stress even if they do issue a claim (hopefully not) because you've already been told that the credit agreement is unenforceable and they've got other legal headaches to overcome.

According to your diary post/history Barclaycard assigned the debt to MKDP in May 2015 before it was assigned to Hoist after that so they may have assignment issues on top of everything else.

Added to that Hoist aren't licensed which will cause them problems.

Have a good weekend and ask me about the LBC when it gets to Day 20 - no need to do anything before then except send a Subject Access Request to Barclays to get the information which they may have on file so that you are one step ahead of Hoist and Howard Cohen in case they do issue a claim.


Di

[patchouli]

DI!!!!!!!!!! xxxx

Hello.... oh my word yes, a million times yes... He is a lovely LL and the house is lovely and it's all... well.. Lovely!

OK I don't recall a default letter ever arriving but the LOC states:

HPH2 Ltd (ex Barclays) [it was actually Sky card before that and they changed it 2007]

£1,999 due

agreement date September 2005

Our client later purchased and was assigned September 2015...

We stopped all payments in December 2013

Only ref to default was letter dated 1st July 2014 from Barclaycard, Senior Operations Manager, "As you haven't fully complied with default notice we sent you some time ago..account closed