Start of my diary

[Joanna Connolly Solicitors]

I have posted a question on the Hoist thread started by Jo.

. . . . we have two accounts that these guys own, for two settee's we purchased.

We are currently paying a very low amount two both these accounts. What would be the outcome should we stop paying them.

I can't be certain if we have defaults with these, but would I be correct in thinking that we will have as they are not owned by OC?

Who did you buy the sofas from, and when? Do you still have the sofas?

You say you're still paying, so are you paying Barclays Partner Finance or Hoist (via Robinson Way)?

When were the accounts assigned to Hoist?

Hoist can't default an account which has already been terminated by Barclays and then subsequently assigned to Hoist.

I'll wait for your answers before suggesting what you should or shouldn't do next.

I've also seen your post on the Hoist thread here >

we have two HP agreement initially Barclays Partner Finance. As they were HP we decided to pay them £1 a month, it then moved to Robinson Way, then to Hoist. Our payment haven't stopped.

I am not totally sure whether these two accounts were defaulted or we have an arrangement to pay.

Not sure how to deal with this, should SAR them to get copy of any defaults and then stop payment. My worry is if hasn't defaulted, we stop the payments we then get default, we are so far down the road don't want to get any defaults now.

Di

[Strepsi]

When I get to laptop, I will tidy all this up.

Anyway, the settee's were purchased in 2012 and 2013, through CSL and DFS, in that order.

We still have them both.

Payments were made to Robinson Way, then to Hoist, there was no break in payments.

Cheers

[Joanna Connolly Solicitors]

the settee's were purchased in 2012 and 2013, through CSL and DFS, in that order.

We still have them both.

Payments were made to Robinson Way, then to Hoist, there was no break in payments.

I assume your payments are being made direct to Robinson Way as the DCA for Hoist (not direct to Hoist). Perhaps Robinson Way were also acting as DCA for Barclays so after the assignment there was no change?

Hoist may not know anything about the original reason for the debts so send them this forum's CCA Request template letter which refers to s77-79 applicable to loans, credit cards and HP (as NW says). No need to give Hoist any clues as to what they've purchased.

There are two debts so send a separate CCA Request to Hoist for each one in separate envelopes Royal Mail Recorded Delivery.

You refer to "we" in your posts so are they in your, your wife's or joint names?

How much is the balance outstanding on each of them or were they combined as one debt before being assigned to Hoist (probably not but I thought I should check)?

Hoist Finance UK Holdings 1 Ltd and Hoist Finance UK Holdings UK 2 Ltd are not FCA authorised so even if they do source a compliant credit agreement, that doesn't give them the right to issue a claim.


Jo explains this 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.

If 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..

Di

[Strepsi]

I assume your payments are being made direct to Robinson Way as the DCA for Hoist (not direct to Hoist). Perhaps Robinson Way were also acting as DCA for Barclays so after the assignment there was no change?

Payments are being made to Robinson Way, Robinson Way were acting as DCA.

Hoist may not know anything about the original reason for the debts so send them this forum's CCA Request template letter which refers to s77-79 applicable to loans, credit cards and HP (as NW says). No need to give Hoist any clues as to what they've purchased.

There are two debts so send a separate CCA Request to Hoist for each one in separate envelopes Royal Mail Recorded Delivery.

You refer to "we" in your posts so are they in your, your wife's or joint names?

They were in separate names, none were joint.

How much is the balance outstanding on each of them or were they combined as one debt before being assigned to Hoist (probably not but I thought I should check)?

They weren't combined, the amount was £900 on each account.

Hoist Finance UK Holdings 1 Ltd and Hoist Finance UK Holdings UK 2 Ltd are not FCA authorised so even if they do source a compliant credit agreement, that doesn't give them the right to issue a claim.


Jo explains this here >



Di

In red are my replies...

[Strepsi]

• 26th June 2017, 12:39
• Type of Account: B of S cc
• Date Commenced: 29/10/2013
  Approx Balance: £1128
  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): PRA Group
  
  Re: CCA Reply received Bank of Scotland
  
  Originally posted by Strepsi View Post
  Re: request for information section 77 - 79 Consumer Credit Act 1974
  
  Dear...
  
  I am in receipt of your correspondence in relation to the above account and have requested the required information.
  
  We will contact you to provide an update as soon as possible...
  Dated 20th April 2017
  PRA Group
  Outstanding balance 1061.97
  Original Creditor B of S
  
  We are disappointed to see that you have failed to respond to our attempts to contact you regarding your outstanding debt.
  
  Our account managers will now start a full investigation into your personal circumstances which will include some of the following...
  
  We can only assist you if you get in touch with us. If we fail to hear from you within 14 days of the date of this letter, this will leave us no alternative but to consider what action would be appropriate to collect this debt in full.
  
  Letter received 21/06/2017 PRA GROUP
  
  I refer to your request for copy documentation regarding the above account.
  
  Please find enclosed documentation received to date; we are awaiting further documents inorder to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court of further enforcement action...
  
  Please be advised that this does not mean that your debt has been written off, despite being unenforceable, we are still legally entitled to:
  * Contact you and ask you to pay what you owe
  * Pass your details onto a third party collection agency.
• If we obtain information in the future we will of course provide this to you immediately.
• PRA GROUP 15/3/2017
  In order to comply with our obligations under the Consumer Credit Act 1974, we are providing you with this statement of your account - ..........
  
  Still no credit agreement?!

• 27th July 2018, 13:28Originally posted by Strepsi View Post
  
  SAR request sent as advised by Di.
• Received 27th July from Bank of Scotland.
  
  RE: Request for information under the Data Protection Act 1998
  
  I refer to your letter regarding the receipt of copy statements for the above account.
  
  After further investigation, it appears the account has been charged off in 08/ 2014. This refers to the account having fallen into arrears and the customer ceasing to make further payments towards clearing the outstanding balance.
  
  Unfortunately, due to the charged off block being placed on the account, no further statements are available after [09/2014.
  
  I appreciate you require a full compliment of statements but as far as our records allow, this is what you have received.
  I hope this meets with your requirements.
  Yours Faithfully
  Card Operations

21/9

Received letter from PRA Group

"Your account is being managed by our investigation and litigation department to look at your outstanding debt for possible litigation recovery."

I have received exact same letter dated April 2017, from that letter sent a cca request, they deemed the account to be unenforceable. Not really sure what to do now, can't CCA them again.

[The Tech Clerk]

see what they do next - they are in a muddle no doubt?? their problem for now

[Joanna Connolly Solicitors]

* this is in response to your post # 595

In which case each of you should send a separate s77-79 CCA Request to Hoist for each of the debts.

It will take seventy five years to clear these debts if you're only paying £1 token payment per month, and they'll not become Statute Barred while you continue to pay.

So see what comes back from your CCA Requests and then decide what you want to do next.

Di

[Strepsi]

• 26th June 2017, 12:39
• Type of Account: B of S cc
• Date Commenced: /10/2013
  Approx Balance: £1100
  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): PRA Group
  
  Re: CCA Reply received Bank of Scotland
  
  Originally posted by Strepsi View Post
  Re: request for information section 77 - 79 Consumer Credit Act 1974
  
  Dear...
  
  I am in receipt of your correspondence in relation to the above account and have requested the required information.
  
  We will contact you to provide an update as soon as possible...
  Dated April 2017
  PRA Group
  Outstanding balance 1001.97
  Original Creditor B of S
  
  We are disappointed to see that you have failed to respond to our attempts to contact you regarding your outstanding debt.
  
  Our account managers will now start a full investigation into your personal circumstances which will include some of the following...
  
  We can only assist you if you get in touch with us. If we fail to hear from you within 14 days of the date of this letter, this will leave us no alternative but to consider what action would be appropriate to collect this debt in full.
  
  Letter received /06/2017 PRA GROUP
  
  I refer to your request for copy documentation regarding the above account.
  
  Please find enclosed documentation received to date; we are awaiting further documents inorder to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court of further enforcement action...
  
  Please be advised that this does not mean that your debt has been written off, despite being unenforceable, we are still legally entitled to:
  * Contact you and ask you to pay what you owe
  * Pass your details onto a third party collection agency.
• If we obtain information in the future we will of course provide this to you immediately.
• PRA GROUP 1/3/2017
  In order to comply with our obligations under the Consumer Credit Act 1974, we are providing you with this statement of your account - ..........
  
  Still no credit agreement?!

• 27th July 2018, 13:28Originally posted by Strepsi View Post
  
  SAR request sent as advised by Di.
• Received 27th July from Bank of Scotland.
  
  RE: Request for information under the Data Protection Act 1998
  
  I refer to your letter regarding the receipt of copy statements for the above account.
  
  After further investigation, it appears the account has been charged off in 08/ 2014. This refers to the account having fallen into arrears and the customer ceasing to make further payments towards clearing the outstanding balance.
  
  Unfortunately, due to the charged off block being placed on the account, no further statements are available after [09/2014.
  
  I appreciate you require a full compliment of statements but as far as our records allow, this is what you have received.
  I hope this meets with your requirements.
  Yours Faithfully
  Card Operations

21/9

Received letter from PRA Group

"Your account is being managed by our investigation and litigation department to look at your outstanding debt for possible litigation recovery."

I have received exact same letter dated April 2017, from that letter sent a cca request, they deemed the account to be unenforceable. Not really sure what to do now, can't CCA them again.

To add, I emailed Niddy last year he informed me he thinks it is enforceable (as I do to my untrained eye). The letter from PRA group state that until they receive other information it is unenforceable.

[Strepsi]

* this is in response to your post # 595

In which case each of you should send a separate s77-79 CCA Request to Hoist for each of the debts.

It will take seventy five years to clear these debts if you're only paying £1 token payment per month, and they'll not become Statute Barred while you continue to pay.

So see what comes back from your CCA Requests and then decide what you want to do next.

Di

We are able to pay more per month, it was just that it was set at that when our finances were at their lowest.

With regards SB, it would be six years from today (for example). The default would probably drop off in the next year or two. If they cannot legally enforce the debt where does that leave me?

Will CCA this week, cheers.

[Strepsi]

23rd September 2019, 11:44

Originally posted by Strepsi View Post

• 26th June 2017, 12:39
• Type of Account: B of S cc
• Date Commenced: /10/2013
  Approx Balance: £1100
  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): PRA Group
  
  Re: CCA Reply received Bank of Scotland
  
  Originally posted by Strepsi View Post
  Re: request for information section 77 - 79 Consumer Credit Act 1974
  
  Dear...
  
  I am in receipt of your correspondence in relation to the above account and have requested the required information.
  
  We will contact you to provide an update as soon as possible...
  Dated April 2017
  PRA Group
  Outstanding balance 1001.97
  Original Creditor B of S
  
  We are disappointed to see that you have failed to respond to our attempts to contact you regarding your outstanding debt.
  
  Our account managers will now start a full investigation into your personal circumstances which will include some of the following...
  
  We can only assist you if you get in touch with us. If we fail to hear from you within 14 days of the date of this letter, this will leave us no alternative but to consider what action would be appropriate to collect this debt in full.
  
  Letter received /06/2017 PRA GROUP
  
  I refer to your request for copy documentation regarding the above account.
  
  Please find enclosed documentation received to date; we are awaiting further documents inorder to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court of further enforcement action...
  
  Please be advised that this does not mean that your debt has been written off, despite being unenforceable, we are still legally entitled to:
  * Contact you and ask you to pay what you owe
  * Pass your details onto a third party collection agency.
• If we obtain information in the future we will of course provide this to you immediately.
• PRA GROUP 1/3/2017
  In order to comply with our obligations under the Consumer Credit Act 1974, we are providing you with this statement of your account - ..........
  
  Still no credit agreement?!

• 27th July 2018, 13:28Originally posted by Strepsi View Post
  
  SAR request sent as advised by Di.
• Received 27th July from Bank of Scotland.
  
  RE: Request for information under the Data Protection Act 1998
  
  I refer to your letter regarding the receipt of copy statements for the above account.
  
  After further investigation, it appears the account has been charged off in 08/ 2014. This refers to the account having fallen into arrears and the customer ceasing to make further payments towards clearing the outstanding balance.
  
  Unfortunately, due to the charged off block being placed on the account, no further statements are available after [09/2014.
  
  I appreciate you require a full compliment of statements but as far as our records allow, this is what you have received.
  I hope this meets with your requirements.
  Yours Faithfully
  Card Operations

21/9

Received letter from PRA Group

"Your account is being managed by our investigation and litigation department to look at your outstanding debt for possible litigation recovery."

I have received exact same letter dated April 2017, from that letter sent a cca request, they deemed the account to be unenforceable. Not really sure what to do now, can't CCA them again.





To add, I emailed Niddy last year he informed me he thinks it is enforceable (as I do to my untrained eye). The letter from PRA group state that until they receive other information it is unenforceable.


Last edited by Strepsi; 23rd September 2019, 13:02.

PRA GROUP lETTER
Received an LBC this morning from PRA Group. What is best course of action?

[nightwatch]

I would email Di xx

[nanna58]

Agreed xx

[Joanna Connolly Solicitors]

Hello

A couple of quick questions.

What date was the account assigned to PRA?

Was there a Default Notice (or any reference to a DN having been issued/served) in your SAR response from Bank of Scotland?

Di

[Joanna Connolly Solicitors]

PRA GROUP lETTER
Received an LBC this morning from PRA Group. What is best course of action?

I've replied to your emails since I'm experiencing technical difficulties posting on the forum.

Thank you for the documentation.

You have 30 days to reply (or not) to PRA's Letter of Claim.

Di

[Strepsi]

Hello

A couple of quick questions.

What date was the account assigned to PRA?

Was there a Default Notice (or any reference to a DN having been issued/served) in your SAR response from Bank of Scotland?

Di

No, all I received were copy of statements. The letter I received from B of S referenced my request for statement, although I used the SAR/GDPR from this site.