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with regards the card, did you send hoist a CCA request? as for the defaulted date, if a creditor took several months from last payment date to register it, there is most certainly objections to that that can be made should they raise a court claim and these have been successful for us. as for the OD, again if months or even years have been allowed to elapse before it gets a calling in notice, then again there are objections we've seen and used to very good effect. send lloyds an SAR and prepared. the OC would have defaulted these not the DCA debt buyer on or before sale. where was the Letter of claim and was that simply for the Card debt. -
By Badgergirl25 · Posted
I have the last ever deferment acknowledgement letter from SL ever made and received if that helps. Rather than call, would it be better in writing? I find them very intimidating on the phone and went to pieces last time after waiting in the queue so long. -
yes all i know some court fees might be due ie they did take you to court , but it failed did it not..so..
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Hi All, My partner is being chased by Hoist/Robinson Way for a couple of old debts: 1. Lloyds credit card. 2. Lloyds student overdraft RW claim proof of debt assignment was sent but nothing was received. We haven't seen any documentation showing the original agreement. We've asked for documentation showing when payments were made and when the last contact with Lloyds was, as I'm pretty sure these are statue-barred debts. In regards to debt 1 above, the documentation showed that the last payment was November 2014. Nothing was paid since and there was no contact. RW are claiming, however, that the debt was marked as defaulted in 2017 by Lloyds therefore it's not statue-barred. My understanding is that the limitation is based on "the earliest date the account could have defaulted, regardless of when the default notice was issued" but there seem to be differing opinions about this online. Apparently some creditors choose to delay defaulting a debt intentionally. My question is - does Lloyds marking the account as defaulted in 2017, three years after the last payment was made, mean this debt is not statue-barred? In regards to debt 2 RW have given us no documentation whatsoever, i.e., last payment or contact. They're still waiting on Lloyds apparently, yet they've logged both debts against her credit file; we queried this with Experian who said they'll speak with RW but ultimately they wouldn't be able to remove this information without feedback from RW. Interestingly enough, after raising an objection with Experian, both debts disappeared from her Experian records a couple of months ago, only to reappear a few days later. If someone can clarify what impact Lloyds marking account as defaulted in 2017 rather than 2014 (when the last payment was made), that would be appreciated - does this mean the debt is not statue-barred? If you need further info or if there's a template I should fill out please let me know. Cohen sent a letter of claim on behalf of Hoist/RW in regards to County Court but not heard from them since we've disputed the debts. Many thanks. -
thank you dx on the penalty charges- does this include; legal fees site visits letter telephone call court fees
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Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
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