Start of my diary

[Strepsi]

No need to panic since the deadline for your reply (or not) to this Letter of Claim is 27th November.

Ticking a box on the Letter of Claim (it's not a court claim form) may/may not be the right thing to do.

Sending a CCA Request may/may not be the right thing to do if it only delays things while at the same time giving them the opportunity to source or reconstitute any credit agreement and then issue a claim.

From what you say this debt is from 2004 so the bar is high for them to prove the original creditor had complied with their statutory duties at that time - assuming that the original creditor actually wants to co-operate now that they have washed their hands of this debt.

We have exchanged emails, and will probably exchange a few more before the deadline

Di

I am confused as to why I wouldn't CCA this? All other advice is to send CCA in regards debts, as I understand if CCA hasn't been sent.

In the past I have been advised to tick a box on form on return.

Can I get some enlightenment please.

[Joanna Connolly Solicitors]

Panicking...!

Seen as though this has never been CCA'd, should I send a request to HC. Also ticking the appropriate box on the claim form.

I am aware that the end of month is fast approaching.

No need to panic since the deadline for your reply (or not) to this Letter of Claim is 27th November.

Ticking a box on the Letter of Claim (it's not a court claim form) may/may not be the right thing to do.

Sending a CCA Request may/may not be the right thing to do if it only delays things while at the same time giving them the opportunity to source or reconstitute any credit agreement and then issue a claim.

From what you say this debt is from 2004 so the bar is high for them to prove the original creditor had complied with their statutory duties at that time - assuming that the original creditor actually wants to co-operate now that they have washed their hands of this debt.

We have exchanged emails, and will probably exchange a few more before the deadline

Di

[Strepsi]

Letter of Claim received from Howard Cohen Solicitor.

Have until end of month to reply.

Panicking...!

Seen as though this has never been CCA'd, should I send a request to HC. Also ticking the appropriate box on the claim form.

I am aware that the end of month is fast approaching.

[Strepsi]

Are you based in Scotland or England out of interest....

Yorkshire, God's own County!

[Never-In-Doubt]

Are you based in Scotland or England out of interest....

[Joanna Connolly Solicitors]

HI Di,

Finally managed to email this morning and yes it is, in answer to your question.

Cheers

I've received your email

Di

[Strepsi]

Hello

Is this your ex BOS current account overdraft for about £2k?

Would you like to email me that Letter of Claim to see what they intend to claim and why they think they have the right to claim it.

Di

HI Di,

Finally managed to email this morning and yes it is, in answer to your question.

Cheers

[Timewilltell]

Another rapid response from lady Di! The fourth emergency service.

[Joanna Connolly Solicitors]

Letter of Claim received from Howard Cohen Solicitor.

Hello

Is this your ex BOS current account overdraft for about £2k?

Would you like to email me that Letter of Claim to see what they intend to claim and why they think they have the right to claim it.

Di

[Strepsi]

I am aware that this account still hasn't had a history created, my plan is to do so in the coming week.

Anyway, as mentioned I have never CCA'd this account, I guess now would be the correct time to do so. Just received following letter...

"Your account remains unpaid despite attempts to contact you.

We have assessed your account and established that it meets our initial criteria to be considered for legal action...if you do not contact us within 10 days your account maybe transferred to Howard Cohen & Co"

They have given me until the 17th to contact them.

Letter of Claim received from Howard Cohen Solicitor.

Have until end of month to reply.

[Strepsi]

I'll make my suggestions when you've posted the history, but I will say do not send a s77-79 CCA Request at this point.

No need to reply to their letter at this stage either. The 'threat' is the account may be transferred to Howard Cohen, so wait until that happens and then update your Diary.

From what you say the account has been assigned to Hoist Finance Holdings 3 Ltd. Was that the precise name on the Notice of Assignment or was it one of those subsequent internal assignments?

Read Jo's post here to see if that helps your thinking >





Di

From what you say the account has been assigned to Hoist Finance Holdings 3 Ltd. Was that the precise name on the Notice of Assignment or was it one of those subsequent internal assignments?

"We are writing to notify you that Bank of Scotland has assigned all of its respective rights, interest, benefit and entitlement of the above referenced account (including the outstanding balance) to Hoist Finance UK Holdings 3 Limited"

[Joanna Connolly Solicitors]

I am aware that this account still hasn't had a history created, my plan is to do so in the coming week.

Anyway, as mentioned I have never CCA'd this account, I guess now would be the correct time to do so. Just received following letter...

"Your account remains unpaid despite attempts to contact you.

We have assessed your account and established that it meets our initial criteria to be considered for legal action...if you do not contact us within 10 days your account maybe transferred to Howard Cohen & Co"

They have given me until the 17th to contact them.

I'll make my suggestions when you've posted the history, but I will say do not send a s77-79 CCA Request at this point.

No need to reply to their letter at this stage either. The 'threat' is the account may be transferred to Howard Cohen, so wait until that happens and then update your Diary.

From what you say the account has been assigned to Hoist Finance Holdings 3 Ltd. Was that the precise name on the Notice of Assignment or was it one of those subsequent internal assignments?

Read Jo's post here to see if that helps your thinking >

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

Di

[Warwick65]

I am not saying you need to CCA them just now (although if they start to threaten I would) but when my NatWest card was sold to Cabot UK , I did CCA them and they were unable to produce the documents - even though Natwest had produced enforceable documents a few years previously. On the back of that I was able to get them to close both my Natwest and Mint cards.

Of course this would be one for Di should they every try anything.

[Strepsi]

Type of Account: Natwest cc d
Date Commenced: 8/2013
Approx Balance: £4210
Date last paid: Approx beginning of 2016
Are you on arrangement to pay or not paying: Not paying
Status (Default/ in arrears/ up to date): Default
Account Owner (DCA or Lender): Cabot UK Ltd


Natwest /8/2013 4210

I am not convinced that I have CCA'd this one?!

June 2016
We have been unable to contact you or agree a suitable repayment plan therefore your account details have been passed to APEX Credit Management to act as collection agent and they will be dealing with your account.

December 2016 Wescot
Wescot is a specialist debt collection agency and we have been instructed by our client, Natwest UK Card Services to make contact with you to discuss the outstanding balance on this account and the repayment options available based on your personal circumstances..

January 2017
We have written to you on several occasions asking you to contact us about this account however to date we have not yet agreed a solution...
Last edited by Strepsi; 3 July 2017, 14:22.

**Updated 12/10/2020

Account finally assigned to a DCA June 2020 to Cabot UK Ltd. The letter states that they are the legal owners of the debt.

Since June several letters, but nothing as yet that is deemed threatening...

As it stands I still haven't CCA'd this account.

[Strepsi]

• Type of account Ikea
• Date commenced 2012
• Approx balance 2000
• Date last paid £1 Token Payments
• Are you on arrangement or not paying?
• Status Defaulted not sure of date
• Account owner Cabot UK Ltd

I've only just seen this post - sorry I overlooked it.

Just to clarify, it was you who felt morally obliged to pay Ikea for the kitchen loan not me, especially when there are potential issues with the actual lender who appears not to be UK based

You may take a different moral approach now that the debt is owned by Cabot Financial (UK) Ltd who are not authorised by the FCA to issue legal proceedings.

It now becomes a legal argument not a moral argument.

Are you still paying?

Di

*Updating diary

Received a letter from Cabot UK in September advising of impending visit from Resolve call, responded to this by sending a CCA request direct to Cabot UK and not Ikea (Ikano BanK).

Letter received last week.

"Thank you for your request for information under sections 77-79 of the CCA 1974. Unfortunately we do not have the relevant information on file, so we will requesting a copy...this they make some time but will write to you within 12 days with an update"