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  • SaltnVinegar
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by Susie View Post
    Thanks for that, its very interesting. So if OC sells to DCA1, and then it goes to DCA2, how much would DCA2 know about what had been written to OC and/or DCA1 - or would that vary depending on who each party was? I am thinking that if the disk only contained the basics like OC, date defaulted, last paid date sort of thing they would be on a very sticky wicket if they decided to take court action without getting all the information needed, which is probaly half the reason the lose so many!! Should they or do they actually get all the correspondance if they go to court or do a lot not bother and just run with the basics. Yes I am a curious cow
    Section 7.13 of the CONC guidelines is very clear on the accuracy of data required to be transferred between agents (which includes any history of dispute). However CONC are only guidelines, though useful guidelines if argued correctly (for example if a debt purchasor tries to use the excuse they were not passed any history from the OC).

    Whatever should happen, the reality is, especially once an account has passed hands several times in the way you describe above, is that the history of the account tends to get lost (if it was ever held in the first place). This is why keeping a record of all your correspondence is essential.

    Leave a comment:


  • Susie
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by Never-In-Doubt View Post
    Just to clarify they purchase mass accounts and that's on disc format. Yes there is recent account history and codes supplied with each sale of accounts but usually manual intervention occurs only when something not computerised within the account is requested. That's why a SAR always goes to the OC but if a claim has been issued we sometimes ask for one from the DCA..
    Thanks for that, its very interesting. So if OC sells to DCA1, and then it goes to DCA2, how much would DCA2 know about what had been written to OC and/or DCA1 - or would that vary depending on who each party was? I am thinking that if the disk only contained the basics like OC, date defaulted, last paid date sort of thing they would be on a very sticky wicket if they decided to take court action without getting all the information needed, which is probaly half the reason the lose so many!! Should they or do they actually get all the correspondance if they go to court or do a lot not bother and just run with the basics. Yes I am a curious cow

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Just to clarify they purchase mass accounts and that's on disc format. Yes there is recent account history and codes supplied with each sale of accounts but usually manual intervention occurs only when something not computerised within the account is requested. That's why a SAR always goes to the OC but if a claim has been issued we sometimes ask for one from the DCA. Tactic.

    But to answer speculation, Jadex is correct in that being Hoist / MKDP etc are one and the same, you can be rest assured they use the same system or access the oldest as a legacy thus suggesting they are fully aware of ALL RECENT COMPUTERISED entries (caps to emphasise it's specific to recent incoming / outgoing / account activity pre/post sale/purchase).

    Leave a comment:


  • SaltnVinegar
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by jadex View Post
    I have to sort of disagree here with highlighted bit.
    How can they have no idea when they have bought the whole company (not just accounts from the other one)?
    Presumably the whole company means all archives/paperwork included. Otherwise, what's the point of buying a company instead of buying only accounts?
    Therefore IMHO: Hoist = MKDP hence they know everything they need to know. Just my 2p
    Many debt purchasers literally buy tens of thousands of records with nothing more than a name/address/balance even if they are buying another DCA firm. This is why they send out the fishing letters, and why responding in an incorrect way can make things worse for yourself by acknowledging that an account (and hence balance) exists.

    You're also making an assumption that either company has excellent record keeping or some sort of CRM (customer relationship management) system. Even if a company has the latter, does not mean that staff are keeping accurate records of correspondence or the history of dispute on that system. Very often they get a letter, throw it in the bin, and the record in the CRM system is 'letter revieved from customer'

    When I have SAR'd companies it has never ceased to amaze me the information that is lacking (even omiting their own letters which I have kept copies of!).

    And although I see your point of view regards paperwork etc, there is still a very good chance that this would have been 'lost' during the transition period.

    Even if the paperwork/history is in a vault somewhere, doesn't mean they have the resources/processes/organization to easily pull it out either!

    Leave a comment:


  • stuffthebanks
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Hi guys,
    Hope you are all keeping well.....
    Nice letter received yesterday 7-3-16 from Robinsons...
    Just to remind me of the very generous offer they made of 50% settlement....
    Or i can pay off in instalments...with no minimum payment......
    Ignore and file this......

    Fascinating to read how you guys are doing with this lot....

    All the best

    Steve

    Leave a comment:


  • Pixie
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by Feline13 View Post
    Quick update on my two debts. At least they send the letters out together on the same day ..
    Both the same letter from Robinson way.
    Saying no minimum payment required -average payment plan £17.04 per month

    Take control today,contact before 11/03/16 to tell us what you can afford.

    I still haven't got around to contacting HSBC about the dates of my last payments. Should I be doing this ASAP ?
    I think I would as Howard Cohen now seem to be sending out LBAs.

    Originally posted by PlanB View Post

    If they are ignored for too long then they may instruct Howard Cohen solicitors to chase you so it makes sense to try to establish when you made your last payment to these accounts in case they're SB already or soon - can you check your old bank statements?

    To get an accurate answer you may wish to send a Subject Access Request to HSBC. If you do that now you'll be fully prepared for any legal situation which may arise in future. You might as well know the good/bad news sooner rather than later so you can decide how to manage this situation.

    Here is the AAD SAR template letter > http://forums.all-about-debt.co.uk/s...l=1#post495040

    Plan B x

    Leave a comment:


  • jadex
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    moved question to AAD+
    Last edited by jadex; 7 March 2016, 19:09.

    Leave a comment:


  • jadex
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by PlanB View Post
    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 have to sort of disagree here with highlighted bit.
    How can they have no idea when they have bought the whole company (not just accounts from the other one)?
    Presumably the whole company means all archives/paperwork included. Otherwise, what's the point of buying a company instead of buying only accounts?
    Therefore IMHO: Hoist = MKDP hence they know everything they need to know. Just my 2p
    Last edited by jadex; 7 March 2016, 19:11.

    Leave a comment:


  • Feline13
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Quick update on my two debts. At least they send the letters out together on the same day ..
    Both the same letter from Robinson way.
    Saying no minimum payment required -average payment plan £17.04 per month

    Take control today,contact before 11/03/16 to tell us what you can afford.

    I still haven't got around to contacting HSBC about the dates of my last payments. Should I be doing this ASAP ?

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    We never discuss tactics, here or AAD+.

    Jo may discuss tactic with you but we ask you to keep it private as we can't let our tactics fall into the wrong hands.

    If you've received a claim then start a thread or ask general questions here. Jadex - I'd follow my last few replies and keep shtum and date the envelope when it was received.

    Leave a comment:


  • Spud
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    I have started a thread in AAD+ to discuss the more delicate parts of this matter with regard to letters received from Howard Cohen

    It is not to replace this thread, More to supplement and keep the details away from prying eyes

    Niddy, This was your original thread, Are you cool with that?

    Leave a comment:


  • jadex
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    I am AAD+ member so we can move over.
    Cheers

    Leave a comment:


  • Spud
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Very interesting

    I would not want to say too much on a public thread, I might open a thread in AAD+ away from prying eyes where we could discuss it further

    There are codes of conduct to stop just what they are doing......That's why tactics are now important

    What I would advise is not to reply to Howard Cohen / Robinson Way at this time until we have had a pair of legal eyes look over this matter
    Last edited by Spud; 7 March 2016, 16:14.

    Leave a comment:


  • jadex
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by Spud View Post
    I have to admit that what you have said, And thinking of the bigger picture is very sensible......Even though it goes against the conventional way of thinking

    I can see what you are saying in regard to timescales and rectification etc
    Hi,

    Just got same letter from Howard and his pals. Notice of Pending Legal Action. Dated 24th February 2016 so 10 days have gone already last weekend.
    Their "client" got my CCA request last December to which they have responded firstly that they acknowledge my request but need to contact original creditor and subsequently sent over another letter asking me to request CCA in writing (well, request been sent by signed-in post, so they must have been on a high).
    On top of that, I reckon the account in question is SB since beginning of this year.

    What have you decided?
    I reckon sending back any letter is now pointless as am now, as you, past the deadline to respond to them and should expect claim coming as an Easter present...
    Side note: what sort of solicitor does not give you a chance to respond by playing nasty with dates? - is it even legit? I mean, there must be some sort of code of conduct for them prohibiting them from such tricks?
    Attached Files
    Last edited by jadex; 7 March 2016, 14:37.

    Leave a comment:


  • Spud
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    I have to admit that what you have said, And thinking of the bigger picture is very sensible......Even though it goes against the conventional way of thinking

    I can see what you are saying in regard to timescales and rectification etc

    Leave a comment:

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