My Journey with DMP's CCA's and PPI's

[JLC]

Hello all,

Been away on a three month holiday. All I have had is a couple of letters asking me to get in touch regarding the HSBC and old Paypal accounts. Nothing threatening. Half way through now, nothing on my credit file for any of my debts. I will update my posts soon.

[Joanna Connolly Solicitors]

All I have had is a couple of letters asking me to get in touch regarding the HSBC and old Paypal accounts. Nothing threatening. Half way through now, nothing on my credit file for any of my debts. I will update my posts soon.

I look forward to reading your updates - meanwhile enjoy the peace and quiet.

Di

[JLC]

Re: My Journey with DMP's CCA's and PPI's

Barclaycard

• Type of account Credit Card
• Date commenced (ideally before Apr 2007) 2006
• Approx balance £3268.75 (I have paid £2440.78)
• Date last paid (approximate date you last made a FULL payment) last Full payment made in 2011,
• Are you on arrangement or not paying - not paid since Jan 16
• Status (default/in arrears/up-to-date) in default since 2011
• Account owner (who is writing to you, a DCA or the lender) Barclaycard

I haven't CCA'd Barclaycard yet. I PPI's them, but have no PPI with them.

10/2/16 - CCA request posted.

29/3/16 - CCA received, sent to Niddy to look at.

Letter received from Barclaycard dated 29/3/16. We have been trying to contact you for several months, but haven't been able to reach a suitable repayment arrangement with you. As your account it still overdue, we need to let you know what will happen if you don't make a payment or get in touch with us. It then goes on about issuing a default notice.

Spoke to Plan B today about this account and there are a few discrepancies on both the forms supplied and credit file. Still waiting for Niddy to return, but pretty much look unenforceable. Also missing Conditions.

22/4/16 - statement received from barclaycard. £45.60 interest and £12 'other charge' added.

11/5/16 - default notice received from barclaycard dated 5 May 2016.

23/5/16 - statement received from barclaycard. £42.04 interest added.

8/6/16 - letter received from barclaycard dated 2/6/16.

A default has been registered on your account - you now need to pay your balance in full (it's basically telling me that my account is with the recoveries team and may be passed to a DCA - it's a side and a half of a page)!

15/9/16 - letter received from barclaycard dated 10/9/16. I am writing to notify you that the above account was assigned and transferred by Barclaycard to Hoist Portfolio Holding 2 Limited (HPH2 LTD) on 22/8/16. This means that the effective owners of the above account are now Hoist Portfolio Holding 2 Ltd. HPH2 Ltd has appointed Robinson Way Limited as their servicing agent to manage your account on their behalf. All contact regarding this account should now be directed to Robinson Way. With effect from the date of receipt of this notice all payments due to barclaycard shall be paid to HPH2 Ltd via Robinson Way.

16/9/16 - two letters received in the same envelope from HPH2 ltd and Robinson Way

28/9/16 - letter from Robinson way dated 22/9/16 offering me four payment options with a weekly payment

10/10/16 - letter received from Robinson way.

it is important that you get in touch with us to tell us about your situation. If we don't hear from you, we will have to make a decision on what happens next to the balance you owe.

options we have to consider are

* whether to advise our client to instruct Howard Cohen & Co solicitors to commence legal action against you; or
* further collection activity, letters and calls

We would prefer to agree an affordable arrangement and it's not too late for this.

alternatively, our client has confirmed they are willing to accept a single payment of £2,490.63 to clear this balance in one payment

please contact us .................blah

4/11/16 - letter received from Robinson Way dated 31/10/16

Pre-Legal Assessment
your account remains unpaid despite previous attempts to contact you.
we have assessed your account and established that it meets our initial criteria to be considered for legal action. We now need to understand your individual circumstances to determine the most appropriate action to be taken for your account.
The best way for us to understand your circumstances is for you to contact us. If you do not contact us we will be forced to assess your account for litigation based on the information we currently hold for you.

what this means for you

*Your account may be transferred to Howard Cohen & Co Solicitors in 10 days without further notice.
*If your account is transferred to Howard Cohen & Co Solicitors and court action is taken they will ask the court for an order adding legal costs and interest to the amount you owe. If the court grants their request then the amount you owe will increase.

its not too late to agree and affordable payment plan:

*if you would rather agree and affordable payment plan directly with us to prevent us considering passing your account to Howard Cohen & Co or if you believe you have a valid dispute relating to this account please call us before 11/11/16.

*if you prefer you can deal with your account online ......blah

24/11/16 - letter received from Robinson Way dated 19/11/16 - Another Pre Legal Assessment letter the same as the one above giving me until 30/12/16 to contact them.

14/12/16 - notice of Pending Legal Action received from Howard Cohen & Co Solicitors threatening court action.

14/12/16 - SWID sent to Robinson Way and LBA sent to Howard Cohen.

30/12/16 - letter from Robinson Way noting my complaint/dispute. Collection activities ceased until its investigated.

22/8/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter)still


6/10/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter same as above). This letter also states that they will write to me again in five weeks.

8/11/17 - letter from Robinson Way informing me that they are still waiting for a response from Barclaycard

4/12/17 - Letter from Robinson way dated 30/11/17

Further to you Consumer Credit Act Request.

Please note, if an original credit agreement was not available, under the Consumer Credit Act a reconstituted copy may be provided.

Please forward your proposals for payment to us within the next 30 days, for which the account has been held for. We have enclosed a financial statement to assist you with this.

If we dont hear back from you within this time, collections activity will resume.

July 2018 - letter received from Robinson Way asking me to contact them to arrange a payment plan.

july 2018 - letter received from Robinson way asking me why I haven’t contacted them and that a 50% settlement is available.

August 2018 - letter from Robinson way offering a 19% discount

Sept 2018 - letter from Robinson way asking me to get in touch or further collection activity MAY be taken against me.

18/3/19 - Agree a payment plan letter

20/4/19 - pay just 60% of your balance

7/6/19 - we speak to people every day letter

6/7/19 - pre legal assessment (I responded with a sold in dispute letter)

16/7/19 - acknowledgement of my complaint

7/8/19 - still investigating my complaint. Hope to have a response by 4th September

26/9/19 - letter of claim from Howard Cohen solicitors

Have responded to Howard Cohen Solicitors by ticking the dispute box and a copy of the letter from August stating they are still investigating my complaint. Will post it tomorrow.

[nightwatch]

I would just contact Di to be on the safe side , each account is different so need to make sure you are on the right track x

di@joannaconnollysolicitors.co.uk

[Joanna Connolly Solicitors]

Have responded to Howard Cohen Solicitors by ticking the dispute box and a copy of the letter from August stating they are still investigating my complaint. Will post it tomorrow.

Would you like my opinion on what to do before you reply to that Letter of Claim?

You have 30 days to respond.

Di

[Joanna Connolly Solicitors]

Re: My Journey with DMP's CCA's and PPI's

Barclaycard

• Type of account Credit Card
• Date commenced (ideally before Apr 2007) 2006
• Approx balance £3268.75 (I have paid £2440.78)
• Date last paid (approximate date you last made a FULL payment) last Full payment made in 2011,
• Are you on arrangement or not paying - not paid since Jan 16
• Status (default/in arrears/up-to-date) in default since 2011
• Account owner (who is writing to you, a DCA or the lender) Barclaycard

I haven't CCA'd Barclaycard yet. I PPI's them, but have no PPI with them.

10/2/16 - CCA request posted.

29/3/16 - CCA received, sent to Niddy to look at.

Letter received from Barclaycard dated 29/3/16. We have been trying to contact you for several months, but haven't been able to reach a suitable repayment arrangement with you. As your account it still overdue, we need to let you know what will happen if you don't make a payment or get in touch with us. It then goes on about issuing a default notice.

Spoke to Plan B today about this account and there are a few discrepancies on both the forms supplied and credit file. Still waiting for Niddy to return, but pretty much look unenforceable. Also missing Conditions.

22/4/16 - statement received from barclaycard. £45.60 interest and £12 'other charge' added.

11/5/16 - default notice received from barclaycard dated 5 May 2016.

23/5/16 - statement received from barclaycard. £42.04 interest added.

8/6/16 - letter received from barclaycard dated 2/6/16.

A default has been registered on your account - you now need to pay your balance in full (it's basically telling me that my account is with the recoveries team and may be passed to a DCA - it's a side and a half of a page)!

15/9/16 - letter received from barclaycard dated 10/9/16. I am writing to notify you that the above account was assigned and transferred by Barclaycard to Hoist Portfolio Holding 2 Limited (HPH2 LTD) on 22/8/16. This means that the effective owners of the above account are now Hoist Portfolio Holding 2 Ltd. HPH2 Ltd has appointed Robinson Way Limited as their servicing agent to manage your account on their behalf. All contact regarding this account should now be directed to Robinson Way. With effect from the date of receipt of this notice all payments due to barclaycard shall be paid to HPH2 Ltd via Robinson Way.

16/9/16 - two letters received in the same envelope from HPH2 ltd and Robinson Way

28/9/16 - letter from Robinson way dated 22/9/16 offering me four payment options with a weekly payment

10/10/16 - letter received from Robinson way.

it is important that you get in touch with us to tell us about your situation. If we don't hear from you, we will have to make a decision on what happens next to the balance you owe.

options we have to consider are

* whether to advise our client to instruct Howard Cohen & Co solicitors to commence legal action against you; or
* further collection activity, letters and calls

We would prefer to agree an affordable arrangement and it's not too late for this.

alternatively, our client has confirmed they are willing to accept a single payment of £2,490.63 to clear this balance in one payment

please contact us .................blah

4/11/16 - letter received from Robinson Way dated 31/10/16

Pre-Legal Assessment
your account remains unpaid despite previous attempts to contact you.
we have assessed your account and established that it meets our initial criteria to be considered for legal action. We now need to understand your individual circumstances to determine the most appropriate action to be taken for your account.
The best way for us to understand your circumstances is for you to contact us. If you do not contact us we will be forced to assess your account for litigation based on the information we currently hold for you.

what this means for you

*Your account may be transferred to Howard Cohen & Co Solicitors in 10 days without further notice.
*If your account is transferred to Howard Cohen & Co Solicitors and court action is taken they will ask the court for an order adding legal costs and interest to the amount you owe. If the court grants their request then the amount you owe will increase.

its not too late to agree and affordable payment plan:

*if you would rather agree and affordable payment plan directly with us to prevent us considering passing your account to Howard Cohen & Co or if you believe you have a valid dispute relating to this account please call us before 11/11/16.

*if you prefer you can deal with your account online ......blah

24/11/16 - letter received from Robinson Way dated 19/11/16 - Another Pre Legal Assessment letter the same as the one above giving me until 30/12/16 to contact them.

14/12/16 - notice of Pending Legal Action received from Howard Cohen & Co Solicitors threatening court action.

14/12/16 - SWID sent to Robinson Way and LBA sent to Howard Cohen.

30/12/16 - letter from Robinson Way noting my complaint/dispute. Collection activities ceased until its investigated.

22/8/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter)still


6/10/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter same as above). This letter also states that they will write to me again in five weeks.

8/11/17 - letter from Robinson Way informing me that they are still waiting for a response from Barclaycard

4/12/17 - Letter from Robinson way dated 30/11/17

Further to you Consumer Credit Act Request.

Please note, if an original credit agreement was not available, under the Consumer Credit Act a reconstituted copy may be provided.

Please forward your proposals for payment to us within the next 30 days, for which the account has been held for. We have enclosed a financial statement to assist you with this.

If we dont hear back from you within this time, collections activity will resume.

July 2018 - letter received from Robinson Way asking me to contact them to arrange a payment plan.

july 2018 - letter received from Robinson way asking me why I haven’t contacted them and that a 50% settlement is available.

August 2018 - letter from Robinson way offering a 19% discount

Sept 2018 - letter from Robinson way asking me to get in touch or further collection activity MAY be taken against me.

18/3/19 - Agree a payment plan letter

20/4/19 - pay just 60% of your balance

7/6/19 - we speak to people every day letter

6/7/19 - pre legal assessment (I responded with a sold in dispute letter)

16/7/19 - acknowledgement of my complaint

7/8/19 - still investigating my complaint. Hope to have a response by 4th September

26/9/19 - letter of claim from Howard Cohen solicitors

(I've received your PM and replied)

Looking back through the history of this debt I can see that it was assigned to Hoist Portfolio Holding 2 Ltd in 2016. Have you received any further Notice of Assignment saying it's been assigned to a different 'Hoist'?

If you read this post by Jo you'll see why I'm asking >

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..

I can also see that you made your complaint (just the SWID letter?) in July. If you enter into any dialogue with them about the dispute you may be acknowledging the debt for Statute Barred purposes. You may also be giving them information which will enable them to remedy any errors before issuing a claim.

Tread carefully - you have 30 days to reply (or not) to the Letter of Claim. What is the date on their letter?

Di

[JLC]

I did send it back yesterday. No acknowlgement, just with a copy of the last letter they sent to me advising they are dealing with my complaint. Unfortunately, my mum is in hospital and I am back and forth every day for the unforseeable and didn't want this on my mind. I appreciate your advice though. Maybe I should complain to them for harrassment seeing as they haven't complied with my CCA request. I will let you know when/if I hear from them.

[Joanna Connolly Solicitors]

I did send it back yesterday. No acknowlgement, just with a copy of the last letter they sent to me advising they are dealing with my complaint. Unfortunately, my mum is in hospital and I am back and forth every day for the unforseeable and didn't want this on my mind. I appreciate your advice though. Maybe I should complain to them for harrassment seeing as they haven't complied with my CCA request. I will let you know when/if I hear from them.

That's fine.

In the very least it should delay things while you deal with important family issues.

Was it just the forum SWID letter you sent to Hoist (or Robinson Way?) in July, or did you make a Formal Complaint?

If more than eight weeks have passed and you've not been sent a Final Response (if it was a Formal Complaint) then you can refer your complaint to the FOS which would delay things even longer.

Wait to see what Howard Cohen do next.

Di

[JLC]

That's fine.

In the very least it should delay things while you deal with important family issues.

Was it just the forum SWID letter you sent to Hoist (or Robinson Way?) in July, or did you make a Formal Complaint?

If more than eight weeks have passed and you've not been sent a Final Response (if it was a Formal Complaint) then you can refer your complaint to the FOS which would delay things even longer.

Wait to see what Howard Cohen do next.

Di

thank you. I will update you as soon as I hear anything.

[JLC]

Re: My Journey with DMP's CCA's and PPI's

Barclaycard

• Type of account Credit Card
• Date commenced (ideally before Apr 2007) 2006
• Approx balance £3268.75 (I have paid £2440.78)
• Date last paid (approximate date you last made a FULL payment) last Full payment made in 2011,
• Are you on arrangement or not paying - not paid since Jan 16
• Status (default/in arrears/up-to-date) in default since 2011
• Account owner (who is writing to you, a DCA or the lender) Barclaycard

I haven't CCA'd Barclaycard yet. I PPI's them, but have no PPI with them.

10/2/16 - CCA request posted.

29/3/16 - CCA received, sent to Niddy to look at.

Letter received from Barclaycard dated 29/3/16. We have been trying to contact you for several months, but haven't been able to reach a suitable repayment arrangement with you. As your account it still overdue, we need to let you know what will happen if you don't make a payment or get in touch with us. It then goes on about issuing a default notice.

Spoke to Plan B today about this account and there are a few discrepancies on both the forms supplied and credit file. Still waiting for Niddy to return, but pretty much look unenforceable. Also missing Conditions.

22/4/16 - statement received from barclaycard. £45.60 interest and £12 'other charge' added.

11/5/16 - default notice received from barclaycard dated 5 May 2016.

23/5/16 - statement received from barclaycard. £42.04 interest added.

8/6/16 - letter received from barclaycard dated 2/6/16.

A default has been registered on your account - you now need to pay your balance in full (it's basically telling me that my account is with the recoveries team and may be passed to a DCA - it's a side and a half of a page)!

15/9/16 - letter received from barclaycard dated 10/9/16. I am writing to notify you that the above account was assigned and transferred by Barclaycard to Hoist Portfolio Holding 2 Limited (HPH2 LTD) on 22/8/16. This means that the effective owners of the above account are now Hoist Portfolio Holding 2 Ltd. HPH2 Ltd has appointed Robinson Way Limited as their servicing agent to manage your account on their behalf. All contact regarding this account should now be directed to Robinson Way. With effect from the date of receipt of this notice all payments due to barclaycard shall be paid to HPH2 Ltd via Robinson Way.

16/9/16 - two letters received in the same envelope from HPH2 ltd and Robinson Way

28/9/16 - letter from Robinson way dated 22/9/16 offering me four payment options with a weekly payment

10/10/16 - letter received from Robinson way.

it is important that you get in touch with us to tell us about your situation. If we don't hear from you, we will have to make a decision on what happens next to the balance you owe.

options we have to consider are

* whether to advise our client to instruct Howard Cohen & Co solicitors to commence legal action against you; or
* further collection activity, letters and calls

We would prefer to agree an affordable arrangement and it's not too late for this.

alternatively, our client has confirmed they are willing to accept a single payment of £2,490.63 to clear this balance in one payment

please contact us .................blah

4/11/16 - letter received from Robinson Way dated 31/10/16

Pre-Legal Assessment
your account remains unpaid despite previous attempts to contact you.
we have assessed your account and established that it meets our initial criteria to be considered for legal action. We now need to understand your individual circumstances to determine the most appropriate action to be taken for your account.
The best way for us to understand your circumstances is for you to contact us. If you do not contact us we will be forced to assess your account for litigation based on the information we currently hold for you.

what this means for you

*Your account may be transferred to Howard Cohen & Co Solicitors in 10 days without further notice.
*If your account is transferred to Howard Cohen & Co Solicitors and court action is taken they will ask the court for an order adding legal costs and interest to the amount you owe. If the court grants their request then the amount you owe will increase.

its not too late to agree and affordable payment plan:

*if you would rather agree and affordable payment plan directly with us to prevent us considering passing your account to Howard Cohen & Co or if you believe you have a valid dispute relating to this account please call us before 11/11/16.

*if you prefer you can deal with your account online ......blah

24/11/16 - letter received from Robinson Way dated 19/11/16 - Another Pre Legal Assessment letter the same as the one above giving me until 30/12/16 to contact them.

14/12/16 - notice of Pending Legal Action received from Howard Cohen & Co Solicitors threatening court action.

14/12/16 - SWID sent to Robinson Way and LBA sent to Howard Cohen.

30/12/16 - letter from Robinson Way noting my complaint/dispute. Collection activities ceased until its investigated.

22/8/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter)still


6/10/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter same as above). This letter also states that they will write to me again in five weeks.

8/11/17 - letter from Robinson Way informing me that they are still waiting for a response from Barclaycard

4/12/17 - Letter from Robinson way dated 30/11/17

Further to you Consumer Credit Act Request.

Please note, if an original credit agreement was not available, under the Consumer Credit Act a reconstituted copy may be provided.

Please forward your proposals for payment to us within the next 30 days, for which the account has been held for. We have enclosed a financial statement to assist you with this.

If we dont hear back from you within this time, collections activity will resume.

July 2018 - letter received from Robinson Way asking me to contact them to arrange a payment plan.

july 2018 - letter received from Robinson way asking me why I haven’t contacted them and that a 50% settlement is available.

August 2018 - letter from Robinson way offering a 19% discount

Sept 2018 - letter from Robinson way asking me to get in touch or further collection activity MAY be taken against me.

18/3/19 - Agree a payment plan letter

20/4/19 - pay just 60% of your balance

7/6/19 - we speak to people every day letter

6/7/19 - pre legal assessment (I responded with a sold in dispute letter)

16/7/19 - acknowledgement of my complaint

7/8/19 - still investigating my complaint. Hope to have a response by 4th September

26/9/19 - letter of claim from Howard Cohen solicitors

4/10/19 - reply sent to letter of claim. Box D ticked. copy of letter from robinson way stating they are dealing with my complaint from July.

7/10/19 - confirmed delivery and signed for of reply. Signed for by: MCCARTHY Delivered: 7:23am

2/11/19 - letter received from Robinson Way stating that they had sent me a letter in August (not received) and that my complaint hadn't been upheld and that they enclose a copy (no copy enclosed). I hadn't made an offer to pay so enclosed a income and expenditure form for me to fill in and return and the account is on hold until 22nd november. No CCA received from Robinson way for this.

Reply from Robinson way. Still no CCA from them but still threatening to take it to court.

[Joanna Connolly Solicitors]

You say they’ve placed the account on hold until 22nd November, so send a Subject Access Request to Barclaycard to get the full history of what happened, and as importantly what may not have happened which should have happened.

In Feb 2016 you sent a CCA Request to Barclaycard who sent you a credit agreement (did you get an opinion from Niddy eventually?).

When Hoist subsequently purchased the debt you sent them the forum’s SWID template. As a result they responded to say they would ask Barclaycard for the documents, but from what you say they (Hoist) failed to produce anything.

If they decide to issue legal proceedings they will have some difficulty in succeeding if they can’t produce the evidence they need to win.

You do not have to complete the I & E Form which they’ve sent. Only a court can make you do that.

Di

[JLC]

You say they’ve placed the account on hold until 22nd November, so send a Subject Access Request to Barclaycard to get the full history of what happened, and as importantly what may not have happened which should have happened.

In Feb 2016 you sent a CCA Request to Barclaycard who sent you a credit agreement (did you get an opinion from Niddy eventually?).

When Hoist subsequently purchased the debt you sent them the forum’s SWID template. As a result they responded to say they would ask Barclaycard for the documents, but from what you say they (Hoist) failed to produce anything.

If they decide to issue legal proceedings they will have some difficulty in succeeding if they can’t produce the evidence they need to win.

You do not have to complete the I & E Form which they’ve sent. Only a court can make you do that.

Di

I have the full history of the account (SAR) and everything RW has sent doesnt correspond with anything in the paperwork. The accounts that barclaycard have sent me info on was from 03 and 06 and are old illegible application forms. RW haven't sent me anything, although they claim they have. I am not worried as there is lots of errors in paperwork so will just sit and wait and see what happens next. I know this is a relatively weak case! Thanks for responding Diana xx

[Joanna Connolly Solicitors]

there is lots of errors in paperwork so will just sit and wait and see what happens next. I know this is a relatively weak case! Thanks for responding Diana xx

You're welcome

I've received your PM.

Definitely do not send Hoist a new s77-79 CCA Request which will only make them try harder to comply by seeking documents from Barclaycard and/or reconstituting them.

Although since Hoist lack FCA authorisation it wouldn't make any difference to their inability to lawfully issue legal proceedings.

Di

[JLC]

Re: My Journey with DMP's CCA's and PPI's

Barclaycard

• Type of account Credit Card
• Date commenced (ideally before Apr 2007) 2006
• Approx balance £3268.75 (I have paid £2440.78)
• Date last paid (approximate date you last made a FULL payment) last Full payment made in 2011,
• Are you on arrangement or not paying - not paid since Jan 16
• Status (default/in arrears/up-to-date) in default since 2011
• Account owner (who is writing to you, a DCA or the lender) Barclaycard

I haven't CCA'd Barclaycard yet. I PPI's them, but have no PPI with them.

10/2/16 - CCA request posted.

29/3/16 - CCA received, sent to Niddy to look at.

Letter received from Barclaycard dated 29/3/16. We have been trying to contact you for several months, but haven't been able to reach a suitable repayment arrangement with you. As your account it still overdue, we need to let you know what will happen if you don't make a payment or get in touch with us. It then goes on about issuing a default notice.

Spoke to Plan B today about this account and there are a few discrepancies on both the forms supplied and credit file. Still waiting for Niddy to return, but pretty much look unenforceable. Also missing Conditions.

22/4/16 - statement received from barclaycard. £45.60 interest and £12 'other charge' added.

11/5/16 - default notice received from barclaycard dated 5 May 2016.

23/5/16 - statement received from barclaycard. £42.04 interest added.

8/6/16 - letter received from barclaycard dated 2/6/16.

A default has been registered on your account - you now need to pay your balance in full (it's basically telling me that my account is with the recoveries team and may be passed to a DCA - it's a side and a half of a page)!

15/9/16 - letter received from barclaycard dated 10/9/16. I am writing to notify you that the above account was assigned and transferred by Barclaycard to Hoist Portfolio Holding 2 Limited (HPH2 LTD) on 22/8/16. This means that the effective owners of the above account are now Hoist Portfolio Holding 2 Ltd. HPH2 Ltd has appointed Robinson Way Limited as their servicing agent to manage your account on their behalf. All contact regarding this account should now be directed to Robinson Way. With effect from the date of receipt of this notice all payments due to barclaycard shall be paid to HPH2 Ltd via Robinson Way.

16/9/16 - two letters received in the same envelope from HPH2 ltd and Robinson Way

28/9/16 - letter from Robinson way dated 22/9/16 offering me four payment options with a weekly payment

10/10/16 - letter received from Robinson way.

it is important that you get in touch with us to tell us about your situation. If we don't hear from you, we will have to make a decision on what happens next to the balance you owe.

options we have to consider are

* whether to advise our client to instruct Howard Cohen & Co solicitors to commence legal action against you; or
* further collection activity, letters and calls

We would prefer to agree an affordable arrangement and it's not too late for this.

alternatively, our client has confirmed they are willing to accept a single payment of £2,490.63 to clear this balance in one payment

please contact us .................blah

4/11/16 - letter received from Robinson Way dated 31/10/16

Pre-Legal Assessment
your account remains unpaid despite previous attempts to contact you.
we have assessed your account and established that it meets our initial criteria to be considered for legal action. We now need to understand your individual circumstances to determine the most appropriate action to be taken for your account.
The best way for us to understand your circumstances is for you to contact us. If you do not contact us we will be forced to assess your account for litigation based on the information we currently hold for you.

what this means for you

*Your account may be transferred to Howard Cohen & Co Solicitors in 10 days without further notice.
*If your account is transferred to Howard Cohen & Co Solicitors and court action is taken they will ask the court for an order adding legal costs and interest to the amount you owe. If the court grants their request then the amount you owe will increase.

its not too late to agree and affordable payment plan:

*if you would rather agree and affordable payment plan directly with us to prevent us considering passing your account to Howard Cohen & Co or if you believe you have a valid dispute relating to this account please call us before 11/11/16.

*if you prefer you can deal with your account online ......blah

24/11/16 - letter received from Robinson Way dated 19/11/16 - Another Pre Legal Assessment letter the same as the one above giving me until 30/12/16 to contact them.

14/12/16 - notice of Pending Legal Action received from Howard Cohen & Co Solicitors threatening court action.

14/12/16 - SWID sent to Robinson Way and LBA sent to Howard Cohen.

30/12/16 - letter from Robinson Way noting my complaint/dispute. Collection activities ceased until its investigated.

22/8/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter)still


6/10/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter same as above). This letter also states that they will write to me again in five weeks.

8/11/17 - letter from Robinson Way informing me that they are still waiting for a response from Barclaycard

4/12/17 - Letter from Robinson way dated 30/11/17

Further to you Consumer Credit Act Request.

Please note, if an original credit agreement was not available, under the Consumer Credit Act a reconstituted copy may be provided.

Please forward your proposals for payment to us within the next 30 days, for which the account has been held for. We have enclosed a financial statement to assist you with this.

If we dont hear back from you within this time, collections activity will resume.

July 2018 - letter received from Robinson Way asking me to contact them to arrange a payment plan.

july 2018 - letter received from Robinson way asking me why I haven’t contacted them and that a 50% settlement is available.

August 2018 - letter from Robinson way offering a 19% discount

Sept 2018 - letter from Robinson way asking me to get in touch or further collection activity MAY be taken against me.

18/3/19 - Agree a payment plan letter

20/4/19 - pay just 60% of your balance

7/6/19 - we speak to people every day letter

6/7/19 - pre legal assessment (I responded with a sold in dispute letter)

16/7/19 - acknowledgement of my complaint

7/8/19 - still investigating my complaint. Hope to have a response by 4th September

26/9/19 - letter of claim from Howard Cohen solicitors

4/10/19 - reply sent to letter of claim. Box D ticked. copy of letter from robinson way stating they are dealing with my complaint from July.

7/10/19 - confirmed delivery and signed for of reply. Signed for by: MCCARTHY Delivered: 7:23am

2/11/19 - letter received from Robinson Way stating that they had sent me a letter in August (not received) and that my complaint hadn't been upheld and that they enclose a copy (no copy enclosed). I hadn't made an offer to pay so enclosed a income and expenditure form for me to fill in and return and the account is on hold until 22nd november. No CCA received from Robinson way for this.

30/11/19 - Reported Hoist Portfolio to Financial Ombudsman.

4/12/19 0 response from financial ombudsman saying they are busy and will be in touch as soon as they can. Nothing further received from Robinson way or Hoist.

Put in a complaint to Financial Ombudsman regarding Robinson way and hoist. will update you when I hear back.

[Joanna Connolly Solicitors]

Put in a complaint to Financial Ombudsman regarding Robinson way and hoist. will update you when I hear back.

I can't see anything in your Diary advising you to make a formal complaint to the FOS about Hoist or Robinson Way.

You are starting Year 5 of your Statute Barred target date so a Complaint to the FOS will have acknowledged the debt for SB purposes.

It will also encourage Hoist to try harder to get their house in order with the documents they need to litigate successfully.

On the plus side Hoist have lack of FCA authorisation issues as Jo explain 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.

Di