Barclaycard (MKDP) Sold to Hoist Portfolio

[Enforcer]

will do. scanning it now.

[Joanna Connolly Solicitors]

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 >

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

[Milly52]

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

[Joanna Connolly Solicitors]

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

[nightwatch]

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

[Milly52]

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

[Milly52]

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

[nightwatch]

I don't know what it is about, which post was it?
If you have received a letter re legal action let us know

[Joanna Connolly Solicitors]

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

[Never-In-Doubt]

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

[Joanna Connolly Solicitors]

Correct link -> https://all-about-debt.co.uk/forum/f...io=&viewfull=1

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

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

[Never-In-Doubt]

We need to update templates. Am going to meet Jo for lunch soon and will discuss then.