Hi All,

New here, so I apologise if this is something which is easily found.

I have received a letter from Hoist Portfolio/HC Solicitors for a debt of £1500 which was defaulted on in 2013.

A bit of background - I was known by a different name for 2.5 years when fleeing Domestic Abuse. I changed my name back to my maiden name in 2012, then was married in 2013.

The default on this happened due to having a horrible year in 2012 and my Husband and I being made redundant within two weeks of each other at Christmas.

To be honest, I had completely forgotten about this debt. We have moved multiple times and so have likely missed correspondence regarding it.

I now have a “Letter of Claim” in my old name. I am aware that they’ve probably linked my old name with my current name. I have never deliberately withheld information, I just genuinely hadn’t thought about informing creditors directly all those years ago.

Please can someone advise as to the best way to approach it? I obviously do not want to end up with a CCJ, but am unsure where to start with this.

Thank you so much in advance.

AFAIK if the name on the Claim is the same name used on the Agreement or your Given Name, no one has done nothing wrong.

when did you last pay anything toward this debt

and what was it with whom?

check your credit file that all names/addresses show in linked addresses etc etc.

dx

AFAIK if the name on the Claim is the same name used on the Agreement or your Given Name, no one has done nothing wrong.

Hi,

Thank you for your reply. Yes, I’m aware it’s all above board, just wondering how to reply to it.

when did you last pay anything toward this debt

and what was it with whom?

 

check your credit file that all names/addresses show in linked addresses etc etc.

 

dx

Hello,

Thank you so much for your reply.

Last time anything was paid towards it was, according to my credit report, September 2013. That would have been paid to the company (I think it was for electronic goods that were on finance).

I just wanted to know what the best thing was to do - over some payment? Ask them to prove that I owe the monies? Something different?

I apologise if this information is already here somewhere l!

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017(1-Viewing)-nbsp

Welcome to CAG

Thread moved to Debt Collection Agencies Forum...please continue to post here to your thread.

Regards

Andy

When you contact them you insist that they correct their records with regard to name and address.

Before you contact them you need to be sure that they have a right to be asking you for anything so things like was the debt properly assigned to them by the original creditor?

have you been receiving annual statements?

Dig out what you can before writing to them and then point out their shortfalls and say by the way, i am known as Ms X and live only at ......

If not these points can be challenged and it will certainly slow down their decision to actually issue a claim

What goods on finance and who with?

So it was an hp agreement?

When you contact them you insist that they correct their records with regard to name and address. Before you contact them you need to be sure that they have a right to be asking you for anything so things like was the debt properly assigned to them by the original creditor? have you been receiving annual statements? Dig out what you can before writing to them and then point out their shortfalls and say by the way, i am known as Ms X and live only at ......

 

If not these points can be challenged and it will certainly slow down their decision to actually issue a claim

Thank you for your reply.

I have no other correspondence other than this Letter of Claim. That is not to say that they haven’t sent anything, but we have moved a few times in the last few years and our Son normally sorts the post as he is often home first and he may have thrown ones away which were a name he didn’t recognise.

What goods on finance and who with?

So it was an hp agreement?

It says on the letter that the original client was Barclays Partner Finance and I think it was a TV and something else! Sorry to be vague - it has been a difficult 7 years since that was taken out!

We can deal with all you have to ask etc in our pap reply form

Gives us as much detail about the debt itself please as you can find/remember

All that I know is what I’ve said above and what they’ve said in their letter.

* Agreement made in 2011

* For electronic goods from Currys

* Defaulted on in 2013

Is there any point in making a CCA request?

ok thank you.

a lot clearer now.

thread retitled and moved to Barclays forum.

if you see post 4 here

it tells you how to respond and what to do.

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

Thank you ever so much dx100uk!

Sorry to bother you again!

Just a quick question - do I use the name they are referring to me as or my current name, on the paperwork?

Kind regards

Doesnt matter

Use your correct name now

Thanks so much - going to get it sent today

Hi All,

Thank you for your responses last month.

I sent the request 09/11/18. They acknowledged it on 15/11/18, saying they had requested the documents from the original creditor and will let me know when they have them.

I haven’t heard anything further. How should I proceed? When should they have replied by?

Any help gratefully received!

Thank you

you don't

if they cant get the enforceable paperwork...noting is going nowhere!!

go enjoy xmas

Hi PR,

You've done all you need for now and the onus is on them to respond with the correct paperwork.

Do nothing further for now.

Thanks DX100uk and slick132.

I just wasn’t sure if I needed to do anything or whether they have an unlimited amount of time to respond with the correct paperwork.

Thank you