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  • #1

    Hoist Lbc

    Hello everyone
    17 months ago I received a letter beforeclaim for a Barclaycard debt originating back to 2016.Debt had been transferred to hoist 2 and robinsons way was handling it.
    I responded with a Cca request to hoist and make their solicitors aware of my enquiry.
    A week ago hoist came back to me letting me know that Barclaycard couldn’t find the agreement and so debt couldn’t be enforced. Two days later they sent me a new letter writing that they could access the cca which they sent to me as a single page online application.
    i wonder if that is a generic document that they can fill in the details they hold for me from credit agencies as some details such as date of application don’t seem to be right to me.
    Also the second letter doesn’t threat with court action anymore , it just mentions that they have hold this information for more than 30 days, not sure what this implies.
    I have mentioned in a previous post that i am filing my defence but that’s not right, i am just trying to collect information how to file a defence in future , if needed
    Tags: None
    • 1 like
  • #2
    It sounds as though they are sizing up a possibility of a Claim, apparently they are notorious for a court claim and not actually having the required documents to support such a claim?
    it is likely that they have reconstituted the agreement so it is also likely that they have not got accurate information. You already suspect the dates, do you have anything to support your suspicions?

    Diana Mayhew
    • 1 like

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    • #3
      I think i do.
      Also i had asked them to provide me with default notice, notice of assignment of the debt to them, default notice etc that they haven’t provided me? I was thinking to reply to them that i expect them to send those to me rather than ignoring my request.Am i right to think that they should give those to mebefore legal action is taken?
      • 2 likes

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      • #4
        So not contact at this point
        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

        • #5
          I think you are trying run before you walk.
          If they issued you a Letter before claim 17 months ago and didn’t follow it up then that suggests that they haven’t got their house in order and were merely preying on you.
          If it were me, right now I’d do nothing. Let them show their hand first. As Lady Di has taught us, this rodeo is all about the great game of Poker, who can hold their nerve longest and bluff through until the 4 of a kind needs to be dropped on the table.
          So far they have given you a piece of paper, if you are really uncertain then you can email it to Niddy for an opinion to its enforceability. However you must also bear in mind that there are many other legal requirements they are obliged to meet in order to obtain a legal court order against you, and boy it can take them forever to line that deck of cards.

          so kick back have a drink of your choice and wait. When they send their next hand forward post up ask for a game tip and play along. If it ever gets to the point where they force you to go all in then you slip the cards to Lady Di and she’ll bring you home.
          • 1 like

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          • #6
            Just and after thought, it would be helpful if you post your debts in the diary format so that the team here can give best advice.
            The Tech Clerk I’m sure you have the relevant links to formats and niddy email?
            • 1 like

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            • #7
              Originally posted by Timewilltell View Post
              I think you are trying run before you walk.
              If they issued you a Letter before claim 17 months ago and didn’t follow it up then that suggests that they haven’t got their house in order and were merely preying on you.
              If it were me, right now I’d do nothing. Let them show their hand first. As Lady Di has taught us, this rodeo is all about the great game of Poker, who can hold their nerve longest and bluff through until the 4 of a kind needs to be dropped on the table.
              So far they have given you a piece of paper, if you are really uncertain then you can email it to Niddy for an opinion to its enforceability. However you must also bear in mind that there are many other legal requirements they are obliged to meet in order to obtain a legal court order against you, and boy it can take them forever to line that deck of cards.

              so kick back have a drink of your choice and wait. When they send their next hand forward post up ask for a game tip and play along. If it ever gets to the point where they force you to go all in then you slip the cards to Lady Di and she’ll bring you home.
              I agree

              Di

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              • #8
                webmaster@all-about-debt.co.uk (Do not cross out anything within it)



                Use this format for each one >
                • Type of account (credit card/loan/overdraft)
                • Date commenced
                • Approx balance
                • Date last paid (approximate date you last made a FULL payment)
                • Are
                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.
                • 1 like

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                • #9
                  I just want to add, try not to feel bad about wanting all your ducks in a row. I am a bit like that (well a lot) so I think what next and what if they do x or y or z but before you know it you have hundreds of possibilities and it drives you mad (or in my case madder).

                  If you can, sit on your hands, do not reply to anything unless you have to- by all means have a plan about your next move but any further than that just saps your life force.

                  The only thing I always recommend is to keep copies of everything and back up copies . I have a hard copy of everything as well as a copy scanned in my google drive - I still keep them even though all my debts are well and truly SB , most by 2.5 years or more. My last payments were around Jan 2012 I think.
                  • 1 like

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                  • #10
                    I really appreciate the help getting in here so thanks everyone.I will try and do the Debts diary asap.I am currently trying to configure out if it is their right not to provide this information that i asked along with the CCA, or if they are fine with just the online application details they came back with.
                    Also is Hoist one of the debt agencies that don’t have the power to chase a case to county courts?
                    • 1 like

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                    • #11
                      Originally posted by Perth81 View Post
                      17 months ago I received a letter beforeclaim for a Barclaycard debt originating back to 2016.Debt had been transferred to hoist 2 and robinsons way was handling it.

                      . . . . the second letter doesn’t threat with court action anymore , it just mentions that they have hold this information for more than 30 days, not sure what this implies.
                      I have mentioned in a previous post that i am filing my defence but that’s not right, i am just trying to collect information how to file a defence in future , if needed
                      Hello


                      So the 30 days “on hold” has now expired since you made that post. Have you had a new Letter of Claim from Howard Cohen Solicitors since their original one was sent 18 months ago?

                      Or have you heard nothing more from anyone?

                      Di

                      Comment

                      • #12
                        Hello Diana,
                        thanks for asking,
                        no news since then, guess Covid-19 has affected their business?Who knows? I will update in here as soon as i get any news
                        • 2 likes

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