linnite's diary

[nightwatch]

if it comes off next year I would leave it be, I take it you have other default markers on there? NW x

[Warwick65]

It seems the entry is correct- or at least that is how i am interpreting what you say. Because of that, as NW says, I really would leave it be. If one is showing settled/nil balance i don't think you will gain anything by making a complaint - in fact poking them might make it worse

[linnite]

Di:

I've got a letter from Robway saying they 'may' transfer me to Howard Cohen. It's debt number 3 from page 1. So this was sold by HSBC to Idem years ago who have now recently sold it to Hoist. Should I CCA now or wait until when or if they actually do? My instinct is wait but would appreciate expert advice!

Thanks

[Roger]

Your last payment was "..Jan 2018: stopped paying. Last payment was on 08/01/18. .." which means that Statute Barred is 08/02/24

As far as I can see you haven't sent for CCA S.77/78 I think you should raise this now with Hoist plus £1 send Recorded Delivery.
You will at some point need to flesh out more details here, especially with a Assignment Chain. You need to know the Line Of Creditor's from HSBC to Hoist. This will be on the Notice Of Assignments sic HSBC to Idem? (which member of the Idem Group? ) Idem to Hoist (again which members?)
Also you will probably need at some point SAR information on your DMP and HSBC.

Others may have other valid ideas.

[linnite]

Thanks Roger, I don't think I will own a good document trail for many of these as for the relevant moments we were on a DMP and keeping a tight document trail didn't seem important then unfortunately. Definitely keeping all documents now! A SAR might sort that if and when necessary.

[Roger]

Thanks Roger, I don't think I will own a good document trail for many of these as for the relevant moments we were on a DMP and keeping a tight document trail didn't seem important then unfortunately. Definitely keeping all documents now! A SAR might sort that if and when necessary.

Paper Trail come and join the club!!! We have all been where you are now. So a methodical play is to work from two directions
1/ Present backwards
2/ Past forwards

The idea is to recognise where the gaps are and what crucial documents might be missing.

[Warwick65]

Did your DMP provider ask you to send copies of letters to them. I know mine did and provided me copies when I asked although you may need a request under GDPR

[linnite]

I can look into that Warwick, thanks.

[Joanna Connolly Solicitors]

Di:

I've got a letter from Robway saying they 'may' transfer me to Howard Cohen. It's debt number 3 from page 1. So this was sold by HSBC to Idem years ago who have now recently sold it to Hoist. Should I CCA now or wait until when or if they actually do? My instinct is wait but would appreciate expert advice!

I've only just seen this post (sorry, my email alerts have been a bit iffy recently).

It's a credit card opened in 2003 (according to you). Did you have any other products with HSBC such as a current account overdraft or a loan, since HSBC have a habit of combining everything and giving a new reference number before assigning the whole amount to a debt purchaser. This can cause them problems if a claim is issued.

Has the correspondence from Robinson Way referred to a credit card or a loan because they might not know what's been bought by Hoist?

This started as £8k if that helps to jog your memory.

Was there any PPI on the account(s)?

It's been assigned twice (apparently) so Hoist will have to prove the chain and also deal with the issue that they (Hoist Portfolio) are not authorised by the FCA.

I see no immediate hurry to send a s 77-79 CCA Request to Robinson Way. You don't want to give them too much of a head start to get their house in order.

Post again when you hear from Howard Cohen.

Re: linnite's diary

3. HSBC large c.card £8000 sold to Idem, taken out Apr 03 defaulted Dec 08 paid down via DMP to £4800

Jan 2018: stopped paying. Last payment was on 08/01/18.

Mar 2018: Still with Idem and down to £3573. I get very little correspondence from them and they seem to have responded to me stopping payment with sending me an annual statement.

April 2018: Notice of assignment to Hoist, Robinson Way are administering, and letters asking me to start paying.

June 2018: no letters since April, ignoring for now.

3rd July 2018: 25% discount F&F letter received, can't afford even if I was minded to, filed.

17th July 2018: letter saying they 'may' transfer to Howard Cohen.

Di

[linnite]

Oh well I heard from Howard Cohen today. To answer your question Di they don't seem to know much about the debt. Other HSBC debts of ours have been combined but I believe this is a pure CC debt dating back to 2003 and sold twice, so I am hopeful.

I have a problem with timing. Although I received the letter before claim today it is dated 31/7 and they say they require the completed protocol form back with them by 1/9. I am unable to respond to them between 18/8 and 1/9. I could get the reply out to them 1st class signed for on the Monday 3rd they would receive it Tuesday 4th. I understand they are meant to allow a small leeway?

I will get the CCA out tomorrow to Hoist, copy to Howard Cohen. I could do with some advice whether to send in the forms stating we dispute the debt on the 17th Aug, even though they won't have had their 12 working days with the CCA, or send it on the 3rd Sept as above.

I don't think this had PPI, this one's actually my wife's, but we did tend to say no to PPI.

Thanks Di, and everyone.

[Joanna Connolly Solicitors]

I received the letter before claim today it is dated 31/7 and they say they require the completed protocol form back with them by 1/9.

I will get the CCA out tomorrow to Hoist, copy to Howard Cohen.

I don't think this had PPI, this one's actually my wife's, but we did tend to say no to PPI

The Letter Before Claim can feel daunting because it's full of ways to pay (with VISA and PayPal symbols etc) but no mention anywhere of the need to seek legal advice from the CAB etc. despite informing you that they intend to issue legal proceedings.

The inclusion of an I & E form suggests that making an arrangement to pay is your best (and only) option to prevent a claim.

Perhaps it's intended to be scary.

The 30 days is the minimum amount of time they should wait before issuing a claim but there's no need for you to wait until the last minute before reacting.

Send a s77-79 CCA Request to Hoist with the £1 statutory fee and then send a copy of it to Howard Cohen. See how they respond to that so you can decide your next step.

Does the LBC state an HSBC account number which you recognise as a credit card or a loan or a current account which your wife had? Or could it be a different reference number? Don't let on that this was a credit card so your CCA Request should say "s 77-79" which covers all bases.

Di

[linnite]

Hi Di, no its not a 16 digit credit card number on the current documentation, Idem knew it and would quote it along with their own ref, but when it was then sold the second time Hoist only have the Idem ref.

My CCA request sent yesterday has been received today by Hoist and Cohens, only the info they already know was quoted and it said CCA 77-79.

I could still do with knowing what I should do if I get to the 17th and haven't had the response to the CCA, perhaps I can check in with you as that date approaches?

I do wonder if companies are going to use these letters even if they are not sure of their case for the exact reason you say, they look very formal and intimidating even though they are not an actual court claim.

Many thanks for all your help.

[Joanna Connolly Solicitors]

I do wonder if companies are going to use these letters even if they are not sure of their case for the exact reason you say, they look very formal and intimidating even though they are not an actual court claim.

I cynically think that the LBC is used to fish for information.

When debtors respond saying they dispute the debt the solicitors frequently write back asking for the exact nature of the dispute with documentary evidence to support it n the hope that you'll reveal something which can help them get their case prepared.

Since 90% of claims issued on MCOL go to a Default Judgment (a CCJ because no response from the Defendant by the deadline) there can be a tendency to 'give it a go' especially with claims under £10k because they believe they won't be at risk of costs even if they lose.

These stats make sobering reading > https://assets.publishing.service.go...n-mar-2018.pdf

Cross each bridge when you get to it

Di

[linnite]

Hi,

Re loan 4, Idem have sent me an agreement as per my CCA. I've not been in that position before, do I still send it to Niddy or has that all changed?

[The Tech Clerk]

send it to Niddy do not redact anything