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    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
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Hoist portfolio - robbers way old Cap1 debt now phantom payment


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Had a letter today from the above re an alleged debt. the debt would be sb by now as we have not had debts for over 6 years.

 

the statement part of the letter says 20 apr 11 payment rec'd thank you £5.00 now i know for a fact that this has not been payed by me or my wife.

 

should I just ignore or go to battle?

 

Is there a letter where a phantom payment has been made?

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Hi rdm,

 

Check your credit files asap.

 

What type of account was this and who was the creditor?

 

Get the details and I can draft a challenge for you.

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It was originally cap one cred card - sold on by robinson way

 

Thanks for the help

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

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It was originally cap one cred card - sold on by robinson

 

Thanks for the help

I'm thinking that a SAR to Capone may be needed.

Was the alleged payment made to RW or Capone?

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I'm thinking that a SAR to Capone may be needed.

Was the alleged payment made to RW or Capone?

 

Hi, i got one today from Hoist, exact same thing. Debt sold to them, Cap one and we not got one either. Just ignoring

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Hi, i got one today from Hoist, exact same thing. Debt sold to them, Cap one and we not got one either. Just ignoring

With an alleged payment showing??

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RW have had it since 2008 so i assume hoist are claiming a payment was made to RW

 

 

edit: - I made a cca request in 2008 so if they are counting that as acknowledgement then it is not sb yet. although we still did not make that payment

HTH (Hope This Helps) RDM2006

 

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Ok there may be a pattern forming here, hold fast for a while and I will get back to you.

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hold on hoist and RW have the same address

HTH (Hope This Helps) RDM2006

 

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hold on hoist and RW have the same address

 

Hoist Portfolio acquired RW to act as its 'collection arm' the founder is non other than Najb Nathoo ex 1st Credit Boss.

Edited by citizenB

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well that explains a lot then lol

HTH (Hope This Helps) RDM2006

 

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well that explains a lot then lol

 

Ohh yes:!:

 

I'm waiting for a couple of replies to queries there is something odd going on.

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funny thing is that the card had charges greater than £12 on them and i disputed them given oft had said the max charge should be no more than £12.00 - cap one decided to do nothing about it so i said i wouldnt pay until they refunded the charges

 

and thats how i know that i have not made a payment..................

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With an alleged payment showing??

 

I pm'd lisaclaim who says there was an unrecognised payment

HTH (Hope This Helps) RDM2006

 

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There have been quite a few of these - Lowells are the main offenders. When challenged they usually back off.

 

People should keep a record of when they send CCA & SAR requests because creditors do put the statutory fees towards the accounts - there is nothing to stop them doing this.. however, these are unsolicited gifts and should not be acknowledged by the account holder.

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Extreme caution is recommended if anyone is contacted by Hoist Portfolio, I am aware of other similar cases.

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should we just ignore it for now????

HTH (Hope This Helps) RDM2006

 

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should we just ignore it for now????

 

Needs disputing and formal disclaimer re the phantom payment.

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is there a standard letter for this ?

HTH (Hope This Helps) RDM2006

 

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;)

 

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is there a standard letter for this ?

 

No, but I can out something together for you over the weekend.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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ok thanks Brig much appreciated

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

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All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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I had a phantom payment letter from cabot in 2009.

 

All I did was reply basically saying:

 

I do not owe you or anyone you represent any money

 

You say I recently made a payment to you, but I am telling you I did not nor did I tell anyone to act as my agent and pay you any money.

 

If you continue to claim this then you must tell me:

 

The data it was made on

How much

The cheque number

The postal order number

the electronic transfer details

the account it came from

 

You will also supply me with a copy of your records regarding this payment.

 

They then sent me (several months later) a copy of the account that confirmed no payments but they did not apologise.

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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Good Morning rdm, letter as promised.

 

Let's rock the boat.

 

The Data Controller

RW/Hoist Portfolio

 

 

Ref: use theirs:

 

Complaint: Spurious Payment on Account:

 

Sir/ Madam,

 

I refer you to correspondence dated xx xx xxxx in regard to an alleged debt for £xxxx .xx arising from an account with xxxxxxxx, please take note I do NOT acknowledge any debt to Robinson Way or Hoist Portfolio, the status of this alleged debt was challenged on xx xx xxxx as being statute barred, Hoist Portfolio/Robinson Way replied on xx xx xxxx claiming that the alleged debt is not statute barred because of an alleged payment of £ xx .xx made to the account on xx xx xxxx.

 

I formally state that no such payment was made by me and I have not at any time authorised any third party to make any payment on my behalf therefore the claim that any such payment was made is totally disputed and the alleged debt is statute barred and I will not make payment.

 

I remind RW/Hoist Portfolio that it MUST provide unequivocal proof that a payment was made personally by me or with my written permission. RW/Hoist MUST therefore provide the following data within 7 working days.

 

1. The method by which the alleged payment was made, cheque, postal order, bank transfer, debit/credit card.

2. If a cheque payment was made the name of the issuing bank, the sort code, the account number, the name of the drawer, the date the cheque was cashed.

3.I f a postal order was used, the name of the issuing post office and its unique ID code, the number of the PO and the date cashed.

4. If a bank transfer was made the name of the bank, the sort code, the date the transfer was made.

5. If a credit/debit card payment was made, the name of the issuing bank, the type of card eg Visa debit or credit, the 16 digit card number and the last 3 digits of the security number, the expiry date on the card.

 

If RW/Hoist portfolio fail to produce any such proof of payment within 7 working days I will consider the matter closed and will make a complaint to the OFT/FCA regarding the conduct of both companies regarding possible deceptive and/ or misleading debt collection methods and the fitness of the companies to hold a consumer credit licence.

 

rdm use signed for delivery and check when received.

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