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  • will do. scanning it now.

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    • Originally posted by Diana Mayhew View Post

      Can you just clarify the exact names on that assignment letter.

      Was it an assignment from Hoist Portfolio 2 Ltd to Hoist Finance UK 1 Ltd or any other 'Hoist' entity?

      If anyone else has received a 'Hoist-to-Hoist' assignment letter can you let me know please

      (The precise names are important)

      Di


      Joanna Connolly has started a new thread about Hoist so if any of you who've contributed to this thread would like to ask questions then post on the new one > https://all-about-debt.co.uk/forum/d...ings-2-limited

      This isn't only about Barclaycard debts assigned to Hoist, it's about any debt assigned to Hoist.

      This is due to recent court judgments relating to some debt purchasers and their lack of FCA authorisation and assignment issues as Jo explains >


      Originally posted by Joanna Connolly View Post
      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..

      Di
      Last edited by Diana Mayhew; 4th July 2019, 13:57. Reason: typo
      Legal Disclaimer

      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • Originally posted by Never-In-Doubt View Post
        Re: Barclaycard (MKDP) Sold to Hoist Portfolio



        In that situation you do not reply again unless it's to send a LBA (not yet)!!

        It is explained here --> http://forums.all-about-debt.co.uk/s...l=1#post541856
        Hi I have just joined today and subscribed to AAD+, I've tried to open the link above but it won't let me. I potentially might have a huge problem with Robinson Way.
        Thanks in advance

        Comment


        • Originally posted by Milly52 View Post
          I potentially might have a huge problem with Robinson Way.

          Hello Milly52

          Do you have a debt which has been assigned to Hoist which is why you have a potential problem with Robinson Way

          Let me have a brief outline of your situation, and I'll see if I can help you.

          Di
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • Hi Milly52 welcome to AAD,

            we have recently up dated the site so some of the old links may not work,
            As Di says, tell us your problem, see if we can make it 'Their' problem

            Nightwatch x
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • Originally posted by Diana Mayhew View Post


              Hello Milly52

              Do you have a debt which has been assigned to Hoist which is why you have a potential problem with Robinson Way

              Let me have a brief outline of your situation, and I'll see if I can help you.

              Di
              Hi there.

              I'm the one that's been emailing you. But thought I would join here and do a lot of reading.

              But yes, been assigned to Hoist from MKDP. - bit more complicated than that

              Just panicking a little I guess. I will do a thread in AAD+ away from prying eyes.

              Thank you.

              Milly

              Comment


              • Originally posted by nightwatch View Post
                Hi Milly52 welcome to AAD,

                we have recently up dated the site so some of the old links may not work,
                As Di says, tell us your problem, see if we can make it 'Their' problem

                Nightwatch x
                Thank you.

                do you know where I can find this thread Niddy referred to please.

                Milly52

                Comment


                • I don't know what it is about, which post was it?
                  If you have received a letter re legal action let us know
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • Originally posted by Milly52 View Post

                    Hi there.

                    I'm the one that's been emailing you. But thought I would join here and do a lot of reading.

                    But yes, been assigned to Hoist from MKDP. - bit more complicated than that

                    Just panicking a little I guess. I will do a thread in AAD+ away from prying eyes.

                    Thank you.

                    Milly

                    I now realise who you are

                    I've replied to your emails too.

                    Di
                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment


                    • Originally posted by Milly52 View Post

                      Hi I have just joined today and subscribed to AAD+, I've tried to open the link above but it won't let me. I potentially might have a huge problem with Robinson Way.
                      Thanks in advance
                      Hi

                      The link was incorrect, lol

                      Correct link -> https://all-about-debt.co.uk/forum/f...io=&viewfull=1
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment


                      • Originally posted by Never-In-Doubt View Post

                        I'm going to re-quote your post in that link because it states this forum's stance since 2015. >


                        Originally posted by Never-In-Doubt View Post
                        Re: Barclaycard (MKDP) Sold to Hoist Portfolio

                        Hi

                        Regards the issues with Hoist & Cabot - and all previous posts made by me on this; having discussed this in detail with our Solicitor we would suggest you follow the process below. Please remember that the below is generic designed to help protect you from certain actions.

                        As each case may be different, try and use common sense before proceeding with any next steps - if unsure then send me a PM.
                        Option 1 - CCA Sent in the past which was Unenforceable / Incomplete
                        In this situation it would be wise to leave things well alone and literally respond with a simple 'this is in dispute' template. The template to send is HERE

                        Option 2 - CCA Sent in the past which was Enforceable and remains with the same DCA as the last CCA Request
                        In this situation it would be wise to send a new CCA Request to the DCA unless you did one in the last 90 days, in which case you need to determine whether writing back is wise or not. So if the CCA was last requested within the last 3 months then I'd suggest you update your diary and PM me so I can check things for you. If however you last sent a CCA request over 3 months ago, send another (to the DCA). Template to send is HERE

                        Option 3 - CCA Sent in the past which was Enforceable and has been sold to a new DCA since your last CCA Request
                        In this situation it would be wise to reissue a new CCA Request to the new DCA as documents do get lost in translation so what was once EN / UE, may no longer be. Template to send is HERE

                        Option 4 - No CCA ever sent
                        If you have never sent a CCA Request then do one asap! This would be sent to the DCA with a £1 fee. Template to send is HERE



                        Additional - SAR Request to Original Creditor
                        For all cases above, if you have not requested SAR from the Original Creditor then it would be wise to send a request (it costs £10) - this will save time long term but only do this if the DCA (Cabot or Hoist Portfolio) have written to say they've sold the account to Restons / PRA / Shoosmiths. Template to send is COMING SOON

                        Additional - LBA Response to solicitor acting for Hoist / Cabot
                        This is a new template specifically designed to respond to a legal threat from Hoist or Cabot's law firm (PRA / Restons / Shoosmiths). Only send this if you get an LBA from one of the solicitor firms mentioned. ** COMING SOON**

                        I hope the above makes sense but if not please PM me. I do not want to discuss tactics publicly here where the solicitors named herein are known to browse AAD

                        There have been court rulings/judgments since then (2015) which add weight to the uneforceability arguments. However, the AAD approach to responding to correspondence hasn't changed.

                        Di
                        Last edited by Diana Mayhew; 23rd December 2019, 13:03. Reason: typo
                        Legal Disclaimer

                        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

                        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                        Comment


                        • We need to update templates. Am going to meet Jo for lunch soon and will discuss then.
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment

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