RhodriMawr's UE Journey

[RhodriMawr]

In the Words of Bon Jovi "

Woah, we're half way there". Three years since my Unenforceable journey began, thanks to everybody who have commented and supported.

Total amount of debt when I sent out CCA requests and stopped payments = £42K

Total amount of debt for which I have had no acknowledgement of my CCA request or any statements / requests for payment =£12K

Total amount of debt for which the creditor has stated they can not provide a CCA due to the age of the debt, but still expect me to pay (Good luck with that) = £10.5K

Total amount written off by creditor = £2K

Total amount for which no CCA has been provided but the debt gets passed from one DCA to another = £7.5K

Total amount for which a potentially legitimate CCA has been issued, but I have been laying low with no further correspondence other than the CCA request = £9K.

All figures have been rounded off to the nearest K, hence the 1K discrepancy.

Been little correspondence for the last couple of months, fingers crossed for a quiet 2018. The fact that I have not sent off any SWID or missing T & C's can hopefully buy me a bit of time with those who have provided a CCA, if the need arises.

April 2019

- How quickly the years go by! Not much to update from last year. Award for best perseverance goes to PRA Group for their constant letters chasing a little over £300 that they stated they had no CCA for, another year of the chasing and they will have forked that much out on postage. Probably the biggest disappointment was FOS allowing Tesco to purchase back from current debt owners HPH the amount of PPI I had reclaimed. That was last July, I haven't heard anything further from Tesco or HPH since. All in all a very quiet 12 months, long may it continue.
April 2020 - A very acceptably quite 12 months. HFG regulary send letters chasing a Tesco CC card debt which I ignore. I am concerned that a Scottish Widows workplace pension from a previous employer shows up on my Halifax banking App as they are both part of the Lloyds Group, and a few of the debts for which the creditor has been unable to provide a CCA are under the Lloyds umberalla including over £5K on a Scottish Widows CC. Hoping for another quite 12 months.

[nightwatch]

nice to hear from you

Enjoy the weekend xxx

[Grassy_K]

That's what we like to hear. Good update! Hope the next 3 years also go quietly.

[RhodriMawr]

Robinson Way
Type of Account –
Tesco Credit Card
Date Commenced –
Approx. 2000
Approx Balance -
£6854
Date Last Paid -
> 9 Years Ago
Arrangement –
The Debt Charity Formerly Known as CCCS
Status –
Last Payment February 2017
Account Owner –
Robinson Way
2017
March 21st
CCA Request Sent.
September 23rd -
The worst reverse since I started the journey. After 6 months I have received a copy of my signed application form from October 2000 with reconstituted terms and a few statements. Have sent to Niddy and he believes it is ENFORCEABLE.
October 2nd - Niddy has had another look and has confirmed missing T & C's hopefully making this one now UNENFORCEABLE.
2018
August 7th, 2018 – Debt reduced by £1549.06 following a PPI claim in which Tesco bought back the amount equal to the redress from HPH. I disputed this approach, but the FOS came down on the side of Tesco.
September 26th - Notice of Assignment "We are writing to inform you that Hoist Portfolio Holding Limited ("HPH") has assigned all of its respective rights, interest, benefit and entitlement in respect of the above referenced account (including the outstanding balance) to Hoist Finance UK Holdings 2 Limited ("HFUKH2L"). The assignment has simply taken place as part of a Hoist Finance Group restructure where ownership of your account has been transferred from one part of the Hoist Finance Group to another"

2019
September 10^th, 2019 Letter from bpo collection requesting payment as they are acting on behalf of Hoist Portfolio Holdings 2 Ltd. (Few phone calls and texts, number now blocked).

2020
October 1st - Letter of Claim received from from Howard Cohen acting on behalf of HFUKH2L.
November 14th - Claim form received.

[Joanna Connolly Solicitors]

Robinson Way
Type of Account –
Tesco Credit Card
Date Commenced –
Approx. 2000
Approx Balance -
£6854
Date Last Paid -
> 9 Years Ago
Arrangement –
The Debt Charity Formerly Known as CCCS
Status –
Last Payment February 2017
Account Owner –
Robinson Way
2017
March 21st
CCA Request Sent.
September 23rd -
The worst reverse since I started the journey. After 6 months I have received a copy of my signed application form from October 2000 with reconstituted terms and a few statements. Have sent to Niddy and he believes it is ENFORCEABLE.
October 2nd - Niddy has had another look and has confirmed missing T & C's hopefully making this one now UNENFORCEABLE.
2018
August 7th, 2018 – Debt reduced by £1549.06 following a PPI claim in which Tesco bought back the amount equal to the redress from HPH. I disputed this approach, but the FOS came down on the side of Tesco.
September 26th - Notice of Assignment "We are writing to inform you that Hoist Portfolio Holding Limited ("HPH") has assigned all of its respective rights, interest, benefit and entitlement in respect of the above referenced account (including the outstanding balance) to Hoist Finance UK Holdings 2 Limited ("HFUKH2L"). The assignment has simply taken place as part of a Hoist Finance Group restructure where ownership of your account has been transferred from one part of the Hoist Finance Group to another"

2019
September 10^th, 2019 Letter from bpo collection requesting payment as they are acting on behalf of Hoist Portfolio Holdings 2 Ltd. (Few phone calls and texts, number now blocked).

2020
October 1st - Letter of Claim received from from Howard Cohen acting on behalf of HFUKH2L.
November 14th - Claim form received.

So you've been served with a court claim for a debt where the credit agreement has been deemed unenforceable and the Claimant does not have FCA authorisation.

No surprises there.

(I've received and replied to your email)

Di

[nightwatch]

I've got about 6 different lot's of T&C for my Tesco account.
Don't think any are the original.
Good luck with this, but think you could be on a winner.

just one question, are they claiming the reduced amount ,or the original before the refund??

[Joanna Connolly Solicitors]

just one question, are they claiming the reduced amount ,or the original before the refund?

That's a good question NW for when the question of a valid assignment comes under the spotlight.

Di

[Joanna Connolly Solicitors]

September 26th - Notice of Assignment "We are writing to inform you that Hoist Portfolio Holding Limited ("HPH") has assigned all of its respective rights, interest, benefit and entitlement in respect of the above referenced account (including the outstanding balance) to Hoist Finance UK Holdings 2 Limited ("HFUKH2L"). The assignment has simply taken place as part of a Hoist Finance Group restructure where ownership of your account has been transferred from one part of the Hoist Finance Group to another"

I notice that your CCA Request was sent to Tesco in March 2017. No CCA Request has been subsequently sent to Hoist. There's no knowing what they know or don't know at this point, or indeed what access they may have to information from Tesco.

I also notice that the debt was (possibly) assigned to Hoist in September 2018. However from your post it seems that this may have been an internal assignment from one Hoist to another Hoist.

When it comes to law the devil is always in the detail.

Di