Barclaycard (MKDP) Sold to Hoist Portfolio

[nightwatch]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

29/02/16. have today received the letter from hoist re Tesco account, says it has been assigned to them and that they have passed it to RW, they enclose details of RW.
Robinson way letter states that thy would like me to contact them asap to make payment arrangements, the rear of the letter gives ways to pay,
no where on any of the letters does it give details of who to contact if in financial difficulties.

[JLC]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Received a letter from Robinson way regarding my business barclaycard. I thought it was with MKDP. No notification received as far as I can remember. Defaulted probably in 2011. No record of it on my credit file, I presume because it's a business one. I've update my diary - should I send a CCA request as I haven't heard from MKDP since I requested it at the beginning of Feb. They did sign for the letter.

[alland]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Original creditor Barclaycard Mastercard account, requested CCA and only ever received a copy of T&T
Last Paid March 2010

Sold to MKDP in August 2012, not had any demands, just the odd statement of account. And not heard from them for a very long time.

Now received a letter of assignment that confirms all rights are now transferred to Hoist Portfolio, and the account will be managed by Robinson Way.

I will await further developments.

I received a letter from Robinson Way in January informing me that they are still awaiting my CCA from Barclaycard and the account was therefore on hold,

26 February a repeat of the first letter ...they are still awaiting my CCA....

[Pixie]

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. Click HERE to PM me.

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 HERE

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. ** LBA TEMPLATE **

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

Just bumping up what Niddy said.

[Woodgate]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hoist have been assigned my Tesco cc with RobWay managing the account.

My Tesco credit card has also been assigned to Hoist. They acknowledge I am currently making payments to Westcot (they tried, I'm not) and my existing repayment arrangement will continue unchanged.

[Pixie]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I'm sure you'll be happy to continue with your existing payment arrangement

[Woodgate]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I'm sure you'll be happy to continue with your existing payment arrangement

So happy, I'm thinking of upping it 10%

[Spud]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Well I have a development with the ( Ex Barclaycard) MKDP / Hoist/Robinson Way situation

Had a lovely letter from Howard Cohen Solicitors

Despite this being totally U/E. MKDP writing to me to admit that they cannot supply a legible copy of the agreement ( There never was a proper agreement anyway !!) and MKDP admitting that this is U/E - They sold it to Hoist who after letting Robbo way have a go for a few months have now sent me a Howard Cohen Solicitors letter stating that if I do not pay up/Come up with a payment proposal within 10 days of the date of the letter, They are to issue proceedings in the County Court

Guess what - The letter has taken 10 days to arrive !!!!! It never gets old does it

Funny that the Howard Cohen letter comes in an envelope with Robinson way's address on the back........

I will update my diary and post up this evening -

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

They can't enforce as they're in default of s.78. Ooops

Personally, I'd not respond but that's me

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Had a lovely letter from Howard Cohen Solicitors

Despite this being totally U/E. MKDP writing to me to admit that they cannot supply a legible copy of the agreement . . . . admitting that this is U/E - They sold it to Hoist. . . . now sent me a Howard Cohen Solicitors letter stating that if I do not pay up/Come up with a payment proposal within 10 days of the date of the letter, They are to issue proceedings in the County Court

That wasn't a "lovely letter" that was a formal Letter before Action which usually needs a reply unless you enjoy fighting legal proceedings.

Howard Cohen solicitors mean what they say. They will issue a summons because that's what they have been instructed to do if you ignore their letter. It's your choice.

My view is where's the harm in sending the AAD LBA Response template letter?

They've sent you a LBA. They've complied with Pre-Action Protocol so why not do the same. After all just one letter could nip this in the bud.

I guarantee you that Hoist will have no idea of the history of your account with MKDP. They bought a shed load of delinquent debt with just the account number, the balance outstanding and your contact details. I very much doubt they will have seen the correspondence file. If Hoist don't know the facts then Howard Cohen solicitors won't know them either.

I don't know the background of your debt but you say that you believe the debt is UE because MKDP couldn't provide a legible copy of the credit agreement (by their own admission). The question is could an acceptable recon be conjured up to satisfy a biased DJ if the new owner of the debt or their solicitors were motivated to do so?

How much is this debt?

Plan B x

[Spud]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

My thinking is exactly in line with yours Plan B. It is my intention to reply back and treat it as a LBA. You are quite correct as I suspect they have no idea what the docs are like, To be fair they should not go threatening people with Court action until they are sure of the circumstances but I know its the norm and we are talking about DCA's

Although I an fairly confident it will never come to anything it would be daft not to nip this in the bud with the appropriate reply......although I must admit I do kind of enjoy fighting court cases

8k debt

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

They won't care if you reply. It won't change anything now.

I wouldn't. Not at this stage. But you do what you think is best, I guarantee the moment you write you'll get a claim.

You'll get one anyway (HC are buggers at the best), so unless I'm wrong (unlikely when it comes to this) you're inadvertently giving them time to remedy without even realising it. Why bother? It won't stop anything. Not now. What will be will be. You're quite safe - so use it to your advantage.

We don't jump just cos a DCA says to do so.

But that's my view.

[Spud]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Which is a fair point.....decisions decisions

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

It is mate. Entirely your call.

If you really want to play nasty - consider sending a one liner with a copy of MKDP letter where they confirm it's UE and literally say to HC "see attached, I suggest you revert back to your client. Any legal action will be vehemently defended. "

Spells out your position in full.

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hoist, I'm guessing have referred this to Cohens. Well hoist is MKDP so if, as planB says above, they act like they don't know what's going on then that's no excuse. It's another fault to them.

You've done everything right. Don't bow to their bullying now unless you feel they'll win in court. Now is the time you build a case up against THEM. You've loads of faults including the fact they've passed it to legal KNOWING FULL WELL they're in default of s.78 and cannot enforce. Jo will eat them up and spit them out for that.

-> http://forums.all-about-debt.co.uk/s...l=1#post531354