Letter of Claim - Hoist Finance UK Holdings 3 Limited (Howard Cohen & Co Solicitors)

[doughnuts]

Good evening,
Really pleased to have come across this forum.
Have received a letter this week from Howard Cohen & Co Solicitors on behalf of Hoist Finance UK Holdings 3 Limited. It is a Letter of Claim an says they 'write to inform you of HOIST FINANCE UK HOLDINGS 3 LIMITED's intention to issue proceedings in the County Court for the above outstanding amount that you have failed to repay
This is for an ex Barclaycard debt (over £10k)
The letter details how the client (Hoist) purchased this account in 2018.
It also says despite our client or its agents Robinson Way Limited attempts to engage with you to agree a suitable payment plan the above amount remain unpaid.

From memory last payment was summer 2014.
The letter says 'should you not respond or engage following receipt of this letter by X we will instruct the county court to issue a claim for the outstanding balance without further notice, together with court costs.

Please help! All advice gratefully received.

Many thanks

[Joanna Connolly Solicitors]

This is for an ex Barclaycard debt (over £10k)

Please help!

Hello doughnuts, I'm happy to help

When did you open this Barclaycard account?

Have you kept the paperwork before it was assigned to Hoist?

Di

[Joanna Connolly Solicitors]

received a letter this week from Howard Cohen & Co Solicitors on behalf of Hoist Finance UK Holdings 3 Limited. It is a Letter of Claim an says they 'write to inform you of HOIST FINANCE UK HOLDINGS 3 LIMITED's intention to issue proceedings in the County Court for the above outstanding amount that you have failed to repay
This is for an ex Barclaycard debt (over £10k)
The letter details how the client (Hoist) purchased this account in 2018.

One more question for now.

Was this debt assigned to Hoist Finance UK Holdings 3 Ltd direct from Barclaycard or assigned to Hoist from IDEM?

I have a reason for asking.

Di

[doughnuts]

Hello Di,

Thank you so much for replying so promptly.

The letter says the agreement was from 1996 which sounds about right....

Paperwork before.....many letters from Robinson Way...maybe some other DCAs.....I have a big pile in the hall which I can go through if it helps....Barclaycard wrote originally chasing the debt.

I believe it was registered as a default on my credit file (by Barclaycard)....then after 5 years I think it dropped off (it now shows in closed accounts but weirdly the dates of history of payments do not seem correct). Now Hoist are suddenly appearing on another credit report as the new owner of the debt which is marked as in default. Not sure if this is relevant.

Hope that helps

doughnuts

[Joanna Connolly Solicitors]

Hello Di,

Thank you so much for replying so promptly.

The letter says the agreement was from 1996 which sounds about right....

. . . Now Hoist are suddenly appearing on another credit report as the new owner of the debt which is marked as in default. Not sure if this is relevant

Everything you say is relevant.

My initial reaction is to send Hoist a s77-79 CCA Request, but before you do that let's explore the history of the debt.

What is the deadline (date) for responding to the Letter of Claim?

Di

[doughnuts]

Deadline 6th Feb.
Sorry not sure what IDEM is?
Think the last letter before this one was from Robinson Way (a Pre legal assessment). Also had letters from Moorcroft Debt who were sending letters last year.
Thank you so much for your help.

[Joanna Connolly Solicitors]

Deadline 6th Feb

Okay, so we have time to deal with this.

I’ll explain the significance of the Hoist assignment and their (Hoist) ability (or not) to lawfully issue legal proceedings tomorrow.

Di

[doughnuts]

Great - thank you ?

[doughnuts]

Sorry...just thank you

[Joanna Connolly Solicitors]

Hello Di,

The letter says the agreement was from 1996 which sounds about right....

Was this definitely a Barclaycard from the beginning, or could it have been a Morgan Stanley credit card which was acquired by Barclaycard in 2008?

Or was it a Goldfish credit card before Barclaycard?

Does the Letter of Claim specifically state the name of the original creditor, or does it just refer to "The Creditor" and perhaps states the recent Barclaycard account number?

Please don't post any documents on your thread (not even redacted ones) as these put your identity at risk. You can email me the first two pages of the Letter of Claim if you want me to take a peek at what Hoist are intending to claim, and why they think they have the right to claim it.

I'll get back to you later about the relevance of any lack of FCA authorisation issues.

Meanwhile Jo explains it here >

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.

If 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

[doughnuts]

Hello Di, and thank you so much for this info.

It was always Barclaycard (not Goldfish or Morgan Stanley).

Will pm you.

Doughnuts

[Joanna Connolly Solicitors]

Hello Di, and thank you so much for this info.

Will pm you.

Email is best if possible

di@joannaconnollysolicitors.co.uk

Di

[Joanna Connolly Solicitors]

Hello Di, and thank you so much for this info
Will pm you.

Doughnuts

I’ve replied

Di

[Joanna Connolly Solicitors]

Deadline 6th Feb.

Let me know what Howard Cohen & Co Solicitors say or do next

Di

[Fencey]

Ah hello there, I came across this Forum courtesy of - you guessed it - googling for advice re: that old chestnut, the Barclaycard / HPPH / Robinson Way Triangle Of Despair.

I don't want to confuse this thread, thought I would make a start here though as it's on topic, with the exception my debt is £10.7K, it dates from 2017 and I have sent a CCA (I think that's what I sent, I definitely didn't send £1) Regardless of what I sent I have had a reply that includes a print out of pretty much every transaction from the credit card account, the default notice from 2017 and an unsigned letter from barclaycard to hoist that says 'I refer to your request for Historic and Varied Terms and Conditions for Mr X I can confirm the required documents are attached. And it is not signed, it just says a name and Barclaycard Customer Services.

Oh look, I have gone and interrupted this thread. sorry kids. Anyway, does it look like to you that Hoist / Robinson Way has all its ducks in a row and I had better negotiate? Or is it fobbing me off? Thanks ever so much.