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Hoist 1 Barclaycard - Default Date 8 month after last payment - Does Sar Restart Clock

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  • #31
    Yes I think we all know there is dark magic at work out there. For example as soon as you get turned down for a financial product you get bombarded with calls and emails either offering a quick fix or some high interest loans.

    All I was saying is context is everything. That article was the top of the list when I asked google how DCAs get my phone number

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    • #32
      Good morning all,

      I Was going through my letter draw and trying to get myself more organised as I have heard in the last 12 month it can get a bit rough.

      Is this what would be classed as a notice/deed of assignment, it came from Robinson Way, the usual brown envolope, the letter looked like it had been done on a cheap printer, even the Barclaycard logo was in black and white.


      Reference: Barclaycard, Credit Card, account number here

      I am writing to inform you that the above account was assigned and transferred by Barclaycard to Hoist
      Portfolio Holding 2 Limited ("HPH2") on date removed .
      This means that the new owners of the above account are now Hoist Portfolio Holding 2 Limited (HPH2).
      HPH2 has appointed Robinson Way Limited as their servicing agent to manage your account on their behalf.

      All contact regarding this account should now be directed to:
      Robinson Way Limited
      Quays Reach
      Carolina Way, Salford
      M50 2?Y
      0330 123 5878
      Mon - Fri 8:00am - 8:30pm
      Saturday 9:00am - 4:00pm

      I confirm that the amount outstanding on your account as at date here was balance here
      With effect from date of receipt of this notice all payments due to Barclaycard shall be paid to HPH2.
      Yours sincerely
      For and on behalf of Barclays Bank


      This was sent a number of years ago, sorry for not being specific about dates.

      Thanks

      Mr Reese





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      • #33
        I think that would indeed be a notice of assignment. The deed is a very different thing as it is the contract that sells the debt. They often list the obligations the seller has ( I saw one once that said if asked the seller would try to locate documents but only for a period of 12 months after sale).

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        • #34
          Originally posted by Warwick65 View Post
          I think that would indeed be a notice of assignment. The deed is a very different thing as it is the contract that sells the debt. They often list the obligations the seller has ( I saw one once that said if asked the seller would try to locate documents but only for a period of 12 months after sale).
          Thanks; well let's see what the next 12 month bring, hopefully an empty letterbox

          Comment


          • #35
            Keep that letter very safe.
            At one time looking up the status of these DBA's and their subsidiary companies on the FCA Register was very easy. Now it seems much more restricted.
            The question is whether Hoist Portfolio Holding 2 Limited are permitted or not to enforce Assigned Debts!

            2015 information.

            Hoist Portfolio Holding 2 Limited (Registered in Jersey C.I.)

            Hoist Portfolio Holding 2 Limited, where not registered nor authorised to engage in CC activity, and as such cannot legally instruct their associate company Robinson Way to attempt any form of recovery on their behalf.

            This is a complex Legal area and argument best left to lawyers BUT make a note for your own purposes! Don't engage in legal arguments or otherwise with DCA's

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            • #36
              Originally posted by Mrreese6018 View Post
              is this what would be classed as a notice/deed of assignment . . .

              I am writing to inform you that the above account was assigned and transferred by Barclaycard to Hoist
              Portfolio Holding 2 Limited ("HPH2") . . . . This means that the new owners of the above account are now Hoist Portfolio Holding 2 Limited (HPH2).

              . . . . This was sent a number of years ago, sorry for not being specific about dates.

              I notice your thread is called "Hoist 1 Barclaycard" whereas the that Notice of Assignment refers to "Hoist Portfolio Holding 2".

              I'm not being pedantic, I'm being helpful

              Because there was a large-scale 'internal assignment' in 2019/20 when accounts were assigned from one Hoist to another Hoist. If this was the case with your debt then Hoist could have assignment issues to prove if they issued legal proceedings in the future.

              Who is named as the current owner on your recent letters - Hoist 1 or Hoist 2?

              Either way Hoist would face a challenge in court since both Hoist 1 and Hoist 2 are not authorised by the FCA to issue legal proceedings which is expained here >



              Originally posted by Joanna Connolly View Post
              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.

              . . . 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.
              Di


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              • #37
                Originally posted by PlanB View Post


                I notice your thread is called "Hoist 1 Barclaycard" whereas the that Notice of Assignment refers to "Hoist Portfolio Holding 2".

                I'm not being pedantic, I'm being helpful

                Because there was a large-scale 'internal assignment' in 2019/20 when accounts were assigned from one Hoist to another Hoist. If this was the case with your debt then Hoist could have assignment issues to prove if they issued legal proceedings in the future.

                Who is named as the current owner on your recent letters - Hoist 1 or Hoist 2?

                Either way Hoist would face a challenge in court since both Hoist 1 and Hoist 2 are not authorised by the FCA to issue legal proceedings which is expained here >





                Di

                Wow you are good, I never noticed that, just looked at my credit report it shows up as hoist 1, so definitely been an internal change of hands, I read somewhere that Hoist 1 and Hoist 2 were liquidated oh an I definitely didn't know that they were still not regulated. I'm just at work when I get home I will have a look at my letters from them and see what they say.

                Thanks again

                Comment


                • #38
                  Originally posted by Mrreese6018 View Post
                  Wow you are good

                  Yes I am

                  I've been an investigative journalist for several decades so nothing gets past me.

                  The devil is always in the detail.

                  Di

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