CrazyCatLadyMeow
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Well, that's interesting. I don't think they called it a 'managed loan' but reading about it, this is all sounding quite familiar. I don't think I got far enough into repaying it to bother chasing back the interest and charges, although it is all such a long time ago I really can't remember. I don't have any paperwork any more as this was now several house moves ago and my landlord also recently tried to evict me so I threw out a lot of stuff in preparation for that, although in the end we fought it and he seems to have given up for now. I think I went by the adage of 'keep your old love letters throw away your old bank statements' which looks in this case to have been bad advice. Interesting to know all this - I was definitely told that it would be a 'good thing' as it would stop the interest (except for a very minimal amount) and things like letter charges, and this seems to not be in fact, true (am I even surprised?) When I got sick the repayments had to stop and it went into default. As I say, I don't think I got far enough into the repayments to really want to resurrect it all now, but I do know that the offer that was made on the debt would have covered all the debt less the interest and charges (and was refused). When they refused that, to be honest, I lost all interest in trying to resolve it as I figured that a court would see I had made my 'every effort to resolve without bringing to court' and they frankly, hadn't. I am still pretty angry they didn't take the offer but I guess that's not how the debt industry works. I mean, why take a fair offer when we can drag it out for years and years of misery? But I was quite surprised to see it come back to life again a year or so ago with a court order. How cheeky are they trying to do that if the loan/whatever it was isn't even legal? So advice is to ignore it, which I will happily do, with one eye on it in case they sell it on or try to take me to court again. Thank you for putting my mind at rest xxx
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Hello - lots of replies but no answers to my questions I can only apologize that I am obviously stupid and slow and not understanding how this works or something, because I do not really feel like I have achieved anything. The court thing has been put aside (finally) now they are writing to me again almost daily and it's stressing me out so much it is making me very ill again. I don't know what to do - I have read through a lot of these forums and I am guessing/hoping that this means is that since it was struck out they cannot now legally enforce the debt so I can stop worrying about it, but I can't seem to find confirmation of that anywhere and that is certainly not what THEY are saying and I don't understand why they would still be writing to me if they know that. Is there any way I can make the letters stop? I have already sent them a CCA letter almost a year ago now, and have never had anything back until a couple of weeks ago when this all started up again, after the court thing was struck out. That seems to have been the signal for them to start bombarding me with stuff again as I hadn't heard a peep for a long time before and had hoped that their inaction at court and lack of correspondence meant they had given up and were going to leave me alone, but apparently it is all on again now. They are saying in the latest letter that they do not have a CCA and this is because there is no written agreement and it was done over the phone or something. Sounds a bit odd but I suppose it's possible. I think they're saying there isn't one but it doesn't matter. I have no idea if this is true. I thought if they did not have the proper documents then they would have to leave me alone once I requested a CCA letter and gave them 28 days and they did not relay it. I would have liked to make a settlement with them, in fact I thought we had, but if they did not take it a few years ago then the money will not be there now to make another one so I cannot do that any more. I don't understand why they did not take it while it was there. Now they are asking for me to make one and it is no longer possible - it is ridiculous. They have asked me to fill out an income/outgoing expenditure form but I don't want to. I would rather not engage with them at all unless someone here thinks it is a good idea too. I don't want to get started with them on 'well, you're spending a lot on medication, can't you cut down on that and pay us instead' or whatever. I hope someone can help me. I am hoping this will be the last time and thank you again for your patience.
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Indeed. I suppose this is why a lot of these cases get through - people don't know where to turn or ask for help and there's also a big stigma about shame with debt (although I think that is receding as more and more people are pushed into it). I literally stumbled over these forums, if I hadn't I'd be totally screwed. They also say that they're 'suspending' the account for 28 days, so no rush I suppose. I'm inclined to just ignore it and put any more post from them directly in the bin, but would be helpful to know what you guys think. Oh and somebody asked me about the 'agreed'. I was assuming that meant with the original debt holder, but I thought that they had sold the debt on to this new company via several other companies so not sure why they would be bothering to correspond with them. Surely it's no longer in their interest and they wouldn't bother? (rhetorical question, it doesn't really matter) Did you know that Hoist won 'debt collection company of the year' a few years ago? I did not even know there was such an award.
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Also, thinking about it, 'proper lawyer' is probably an oxymoron like 'deafening silence' and 'microsoft works'...you have to laugh, don't you? Or you'd go mad.
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lol, I don't know, people keep telling me I should. No offense. It's not going to happen anyway, because I have literally nothing in the kitty. I just thought you might be getting fed up with me and wanting me to go and get help elsewhere.
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Thanks for all your responses. A few years ago I became quite ill and unfortunately had to default on various things. As I was so unwell I handed it over to my father to deal with, who had had some money put aside that we divided up per percentage and offered as a full and final settlement on everything as advised by CCCS (now stepchange). I *thought* everyone had taken the settlements, but one co consistently refused reasonable offers - so I am guessing this is what this relates to. They have written to me again today, I am so fed up of hearing from them. I was hoping that it would be to let me know that they have written it off since they don't have a chance of getting the money back (and should have taken the offer made two years ago, as it was made clear it was time-reliant and now the money is no longer there). But no, they say that 1) 'this was for an overdraft and did not require a signed agreement to open'. If it's what I think, then no, it was not an overdraft and I don't remember but what kind of credit agreement does not require a signature to get? If they don't have something with a signature on it, that seems particularly stupid. Even if I do things over the phone, there is usually a document that they send in the post afterwards which needs to be signed and returned. Can they enforce something without a signature? They also say that 'they confirm that the interest and charges were not frozen'. They were. Once a final fee was reached after in went into collection they told me this was a good thing because they could no longer add £75 letter fees/interest etc. So that sounds fishy, too. They say this was included in the terms and conditions - but I would have to contact the original debt holder for these??? eh? Surely that's their responsibility? They want me to fill out an income/expenditure form - I already supplied one to the court I believe to show I have zero spare income every month on sickness benefit and in fact usually have to cadge extra money from my parents for my massive fuel bills etc. I am thinking that I should ignore it and keep the SB clock ticking, although I suppose there's a chance that if I show them I'm skint with no chance of ever getting better/less skint they could write it off. Also, am relieved to hear you say that they now cannot take this back to court. Is that for the debt rather than the company? If they cannot take it to court again because they lost/chose not to fight it/whatever, then essentially whatever they say is it now an unenforceable debt? Thank you all again for your help. I should probably see a proper lawyer about this and get them to write an official letter or something but I have no access to any funds right now or any idea of a good lawyer who would do that.
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Of course, that could not finally be the end of it. The day after I received a letter from the court saying it was struck out....if Hoist had no objections in seven days and contacted them to ask. Hoist has written to me again now and said it has agreed 'due to my illness' but it will still be pursuing the debt and may take me to court at a later time. THIS WILL NEVER EVER END
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Been sick the last few weeks but called them today - they said yes, it has been struck out and they're not sure why I haven't got a letter, but I will get one eventually. So it's over, then? It's taken literally years... Thank you for all your advice and help. There's just one more thing, if I may - does the fact that this has now been struck off by the court mean no one can take me to court again over this matter? Can they still pursue me for the debt? I mean, I'm guessing not if they don't actually have the documentation to prove the debt, and if they'd have had that, I'd have guessed they'd have given it to the courts. What about if they sell it on to another company and THEY take me to court/hassle me for the debt? I just have a nasty feeling that it can't ever be just this easy...
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I did as requested and have heard nothing back from the court - getting pretty tired of this to be honest. On Xmas Eve (yeah, thanks for that) I received correspondence from Robinson Way, saying 'we have received your complaint and have put on hold all collection activities whilst this is investigated'. Er, don't believe I ever sent a complaint? Just a request for the cca? Anyone have any ideas what this means??? I imagine the courts will be closed for a while.
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Okay, I rang them and they said just to write in and say that I have not rcvd them and that then it will be struck off, unless they say they have and can provide proof (which presumably they can't since I haven't). Apparently can't do it on the phone...so it goes on...
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Have heard nothing...oh god, does this mean this is FINALLY over??? Do I need to contact the court again to let them know I have not received the docs?
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Thanks Andy, I hope not. it annoys me that I have been saying to the court that they do not have docs (or will not supply them) since June or July now and the court just keeps going 'okay, if you don't supply them by xxx', 'now, seriously, if you don't supply them by xxx' ' no, really this time, you need to supply them by xxx' and the letter had also been opened by someone (probably my landlord even though it's illegal) and I had been trying to keep the whole thing quiet. ..guess I will just have to try not to have a stroke before 5th and then hope that THAT is it, no more extensions, really really really struck off.
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finally some news about this, got a letter today saying that Hoist has until 5 dec to supply me with docs or it will be struck off? How do they get even MORE time when they've had months and done nothing? It would be just like them to suddenly submit the docs at the very last minute when I think it is all over....really angry
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Okay. Deep breath - wish me luck!
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Soooo...the 14th has been and gone and Hoist has NOT provided me with the details the court ordered them to. I'm guessing this means this is over, what do I need to do to wrap it up? I'm guessing I should write something to the court/judge?
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