Roscoe UE Diary

[Pixie]

Re: Roscoe UE Diary

Since any default is highly unlikely to come off your credit reference file even if you paid in full today thats not a very impressive threat

Exactly! I would just continue to ignore if it were me Roscoe.

[Roscoe]

Re: Roscoe UE Diary

Exactly! I would just continue to ignore if it were me Roscoe.

Thank you for the replies. This relates to the Mint card that Niddy felt was likely to be enforceable so should I continue to ignore the requests to make contact and discuss a payment plan?

[nanna58]

Re: Roscoe UE Diary

I agree with Pixie , ignore see what they need next xxx

[Pixie]

Re: Roscoe UE Diary

Thank you for the replies. This relates to the Mint card that Niddy felt was likely to be enforceable so should I continue to ignore the requests to make contact and discuss a payment plan?

I don't see any need to discuss a payment plan at the moment, they aren't threatening anything. Many of us have successfully blagged our way to SB with enforceable debts by responding to letters as if they were UE.

Just continue to let us know what you receive.

[Spud]

Re: Roscoe UE Diary

Totally agree with what others have said

It may feel totally against the grain but it can be successful, Wait and see what comes next and post up. You have nothing to lose at this stage

[Roscoe]

After several months of ignoring telephone calls and letters requesting payment, I received several letters for both cards.

1st April - Hoist Portfolio wrote to say that the debts had both been assigned to them and that Robinson Way had been appointed to recover the debts
1st April - Letter from Robinson Way setting out payment options
20th April - Robinson Way wrote setting out options for weekly repayments
7th May - Robinson Way wrote to say they would assess with their client whether to take legal action or continue collection activity
26th May (received 14th June) - letter from Howard Cohen Solicitors indicating that they would be considering legal action

I looked through other diaries and found the template letter (Letter Before Action) and decided to write to the solicitors.

22nd June - I sent the LBA template to Howard Cohen stating:
I confirm that at present I intend to defend any claim that may be issued in this matter.
I therefore request in accordance with the Pre-Action Protocol Practice Direction 16(c) that you provide me with disclosure of the following key documents central to any claim your client may intend making:
Credit agreement
Deed of Assignment
Notice of Assignment
Default Notice
Termination Notice
Statement of Account.

7th July - Letter from Robinson Way referring to the Notice of Assignment dated 1st April advising that the debt had been assigned to Hoist Portfolio. The letter states:
"this notice of assignment is all that is required to fulfil the legal obligations and as such we will not provide you with a Deed of Assignment." They have though indicated that they will obtain copies of the Notice, my agreement, statements and default notice.

I don't know whether the letters of 7th July in relation to both cards need a responses from me. Also, are they required to supply the Deed of Assignment?

As usual, any help, advice or guidance will be gratefully received.

[Joanna Connolly Solicitors]

Your post says you received several letters for "both" cards so can you say which accounts were assigned to Hoist because you've got four different debts at the start of this thread.

That'll make it easier to suggest your next step.

I can see you say you're unsure which debt Howard Cohen was referring to in their (possible) LBA , but wasn't there a reference number and/or the account balance anywhere on the letters?

Maybe make a separate post for each debt because even though they are both with the same debt purchaser (Hoist) they will probably have different issues to tackle as they travel along the way.

Di

[Roscoe]

Thanks for responding Di and apologies for not making things clearer. It's very confusing receiving the same letters for two different cards with similar reference numbers! This is what I was intending to say in relation to 2 of the 4 cards:

CARD 1
Barclaycard Credit Card (UNENFORCEABLE as advised by Niddy)
Date commenced: Approx. pre 2007
Approx Balance £12000
Date last paid June 2016
Defaulted July 2016
Account owner Barclaycard

CARD 2
CSMA Credit Card (Probably ENFORCEABLE as advised by Niddy)
Date commenced: Approx. 1995
Approx Balance £12000
Date last paid June 2016
Defaulted July 2016
Account owner Barclaycard

The same correspondence was received separately in respect of each card. I was advised that both had been transferred to Hoist Portfolio on the same date of 1st April 2017.

Correspondence received separately for each card:

1st April - Hoist Portfolio wrote to say that the debts had both been assigned to them and that Robinson Way had been appointed to recover the debts
1st April - Letter from Robinson Way setting out payment options
20th April - Robinson Way wrote setting out options for weekly repayments
7th May - Robinson Way wrote to say they would assess with their client whether to take legal action or continue collection activity
26th May (received 14th June) - letter from Howard Cohen Solicitors indicating that they would be considering legal action. (Separate but identical letters received for each card)

I looked through other diaries and found the template letter (Letter Before Action) and decided to write to the solicitors.

22nd June - I sent the LBA template to Howard Cohen stating:
I confirm that at present I intend to defend any claim that may be issued in this matter.
I therefore request in accordance with the Pre-Action Protocol Practice Direction 16(c) that you provide me with disclosure of the following key documents central to any claim your client may intend making:
Credit agreement
Deed of Assignment
Notice of Assignment
Default Notice
Termination Notice
Statement of Account.

7th July - Letter from Robinson Way referring to the Notice of Assignment dated 1st April advising that the debt had been assigned to Hoist Portfolio. The letter states:
"this notice of assignment is all that is required to fulfil the legal obligations and as such we will not provide you with a Deed of Assignment." They have though indicated that they will obtain copies of the Notice, my agreement, statements and default notice.

As noted above, Howard Cohen sent a separate but identical letter for each Barclaycard.

That's everything! Any help greatly appreciated.