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  • Originally posted by patchouli View Post
    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 >


    Originally posted by Joanna Connolly View Post
    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
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • Morning Di :-)

      Hoist Finance UK Holdings 1 LIMITED
      R/O Quays reach

      Comment


      • Originally posted by patchouli View Post
        Hoist Finance UK Holdings 1 LIMITED

        Jolly good

        Email me the first page of the claim form (without blanking anything out) - my email address has changed from last time so use di@joannaconnollysolicitors.co.uk

        I see you have moved again but they tracked you down eventually. I hope you didn't declutter your debt file during the move because you've kept an immaculate record of everything on your Diary so the paperwork will be useful.

        I also see this debt would have been Statute Barred last month except for the Default which appears to have been added rather late, so also email me the DN from Mercers too.

        Di
        Last edited by Diana Mayhew; 1st February 2020, 11:51. Reason: email address change
        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • Originally posted by Diana Mayhew View Post


          Jolly good

          Email me the first page of the claim form (without blanking anything out) - my email address has changed from last time so use di@joannaconnollysolicitors.co.uk

          I see you have moved again but they tracked you down eventually. I hope you didn't declutter your debt file during the move because you've kept an immaculate record of everything on your Diary so the paperwork will be useful.

          I also see this debt would have been Statute Barred last month except for the Default which appears to have been added rather late, so also email me the DN from Mercers too.

          Di
          Thank you... am hunting the DN.
          Sent you the above claim form unredacted

          Comment


          • Originally posted by patchouli View Post
            Thank you... am hunting the DN.
            Sent you the above claim form unredacted

            I've got your emailed claim form, thank you.

            I can also see that you sent a CCA Request to Barclaycard which Niddy says was 'unenforceable' so that's good

            Di
            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • I've sent you the whole file I have on laptop. The rest is 'somewhere' in a folder in boxes I haven't unpacked.

              Comment


              • Urgh, been mithering myself all night about this.
                What's my next step, I'm out of practice ha ha

                Comment


                • just wait and see what Di say's xx
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • OK I need to try and fight this alone, well, with some help from you lot hopefully. We literally live zero hour paycheck to zero hour paycheck at the moment so I can't afford representation ... urghhhhhh
                    Where can I find details about Mercers & Foist please that I can throw at them to fend them off... :-) It's SB in September so I need to push them about until then.
                    I can do th
                    Last edited by patchouli; 5th February 2020, 12:12.

                    Comment


                    • Originally posted by patchouli View Post
                      It's SB in September so I need to push them about until then.

                      Once a court claim is issued the Statute Barred clock stops ticking so this debt will not become SB in September.

                      Di

                      Legal Disclaimer

                      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                      Comment


                      • Originally posted by Diana Mayhew View Post


                        Once a court claim is issued the Statute Barred clock stops ticking so this debt will not become SB in September.

                        Di
                        Just been educated about that by G..... Right. I've started the ball rolling. I feel so much better already.
                        Thank you Di and G xxxx

                        Comment


                        • Thank you so much D & Jo Connolly Solicitors.
                          They discontinued the claim.
                          Not sure if that means it can now be sold on to yet another dca or if its dead & buried now.

                          Comment


                          • Hi Patchouli,

                            Glad to see you are pleased with the result.

                            It was a pleasure to assist.

                            As the Claim was discontinued, which I believe means Hoist must have instructed their Solicitors to discontinue on the very same day they were served with your Defence, as opposed to the Court formally dismissing the Claim, it does mean the Claim could technically be brought again.

                            However, given no time was wasted in the service of the Notice of Discontinuance, I would assume Hoist had serious concerns regarding the validity of the Claim they had issued against you and I very much doubt they would try again. Especially in view of the fact they are aware you instructed our firm to represent you.

                            Of course the issue of them being highlighted as being unauthorised may have played a part, I would have thought.

                            If they were to 'assign' the account to another entity, they would face the exact same issues.

                            I certainly wouldn't lose any sleep.

                            Kind regards,
                            Legal Disclaimer

                            I am a Litigation Executive at
                            Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                            Comment


                            • Thank you so much!
                              It's SB in September anyway so wooohooooo!

                              Comment


                              • That’s brilliant, well done to everyone.
                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                                Comment

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