Hoist/cohen Letter of claim - old Lloyds credit card

[mollywobbles]

I hope I'm posting in the right place. 

 

Following a legal success earlier this year with respect to a similar debt, here I am again. 

 

Letter of claim received today from Howard Cohen, acting on behalf of Hoist Finance UK Holdings 3 limited.

I'm not familiar with either company.

 

The original debt was with Lloyds, it was actually my partner not me, originally taken out in 2012.

He later got into financial difficulties, step change got involved and then things got confusing from there.

 

He was not made aware that by making minimal payments with stepchange, the account would end up in default, but obviously it did.

We sent a CCA to Lloyds at that time (2016) - never received a response. 

 

The account was later sold on to Robinson Way.

I suppose they must have sold it on again to this Hoist Finance.

According to today's letter it was legally assigned to them in November last year. 

 

What are my first steps?

If it's a CCA, who should I send it to?

And I seem to remember that we must reply to the form enclosed with the letter of claim

- can anyone confirm? 

[dx100uk]

all members of the hoist group of companies.

 

follow post 2 here

 

when was his last payment?

 

 

[mollywobbles]

sometime 2016 I believe. Definitely within the 6 years. 

 

So Howard Cohen and Hoist are like Lowell and Lowell Solicitors basically? 

 

The CCA + £1 PO go to Hoist (where do I find their address?) 

 

Site version of the PAP form goes to Howard Cohen at their address completed as per the post. 

 

Do I need to mention to Howard Cohen that I've requested documents from Hoist? 

[dx100uk]

no they'll know soon enough

as for hoist

copy the name carefully [they have lots

use the fca register on the fca site.

 

 

 

 

[mollywobbles]

Thank you Dx. I'll update when I hear back. 

[mollywobbles]

Looking for Hoist's address on the FCA register as advised... I can only find one (in Salford, for Hoist Finance UK limited).

 

It's not the exact name that is on the letter (Hoist Finance UK holdings 3 limited).

 

Companies House website is showing the latter at the same address as the former so I'm hoping that's ok... 

 

I'm mostly posting here for a record of when the responses were sent. Will be tomorrow, 29th July. 

[dx100uk]

that'll do

[mollywobbles]

This is regarding an old debt with Lloyds for a credit card (£1547) which has been passed from pillar to post over recent years. 

 

I first posted about this on this forum in 2016 - followed the advice received, and since then nothing significant has happened. At that time, on the advice of Stepchange, my partner was making token payments to it. These stopped in January 2017. The default is no longer showing on the credit report - but my understanding is that if the last token payment was made in January 2017, the debt will not become statute barred until January 2023. Is this correct? 

 

Today I have received a 'Letter of Claim' from the above solicitors. It states it is being sent in accordance with the Pre-Action Protocol for Debt Claims and contains a reply form and financial statement. Looking back through our file of paperwork, it appears we received the exact letter from the same people in 2019 which led to nothing. 

 

Based on my memory of the excellent advice I received here last time a debt collector came calling (we ended up in court and the judge dismissed their claim), my reaction was to file this letter away and wait to see if they actually issue proceedings. But it has been so long that I wanted to check that this is the correct course of action.

 

Grateful, as ever, for any help received. 

[dx100uk]

Hit letter of claim follow post 2

 

Dx

[dx100uk]

Threads merged

[mollywobbles]

Thank you for merging the threads. 

 

I just looked back at my posts and found this thread... had entirely forgotten that we did anything about the 2019 letter of claim. Nothing was ever heard back in response. 

 

Two questions - what should I put for the reason why I dispute the debt? And is it better to respond to the promptly or drag out my 30 days? If we get to January without them getting anywhere, can I still claim statute barred status or does their having started this process change things in that respect? 

[dx100uk]

the claimant has already ignored my previous requests...

god no dont rush run it SB is approaching

[mollywobbles]

Letter dated 27th Sep, arrived today. 

 

Reading around, it seems if they start a claim before the end of the limitation period (January), the debt will not become statute barred at any point. 

 

I don't know when in January and not sure how to find out. 

 

Is there any mileage in checking the box that says I need time for advice first? The document 'PRE-ACTION PROTOCOL FOR DEBT CLAIMS Redraft spring 2015' from the thread linked above seems to suggest this is a good idea. Appreciate this is not what's advised on the thread but wondering if it might help my timelines. 

 

Quote

If you are in financial difficulty or need advice to help you work out whether you owe the debt, or how you might pay the debt, contact a debt advisor (particularly if you haven’t been in contact with the business for a number of years) 

It is recommended that you get debt advice if you have any doubt about whether you owe the debt

 

[dx100uk]

a claimform stops the SB clock.

 

if they abide by PAP , they can't a claim before the 30 days as they must await your reply and then their might be a further one as they must reply too.

they have twice used the PAPLOC now so i suggest they know the game.

 

any debt advisor will only, inevitably, recommend paying without ever checking enforceability as they'll never get their backhander otherwise.

 

 

[mollywobbles]

Preparing letters today. 

 

I note the helpful form fields PDF on the linked thread, and that a part about the CPUTR has been added. For my own info / understanding, can I ask what this is? 

 

Also just to check: I am sending CCA to Hoist Finance UK Holdings 3 Limited, whose address in Salford I have found via Companies House, and returning the reply form downloaded from this site and completed as per linked instructions to Howard Cohen. All correct? 

 

 

[dx100uk]

now read all the posts in the CCA thread again use the text version not the PDF ...simply copy and paste the text

the CPUTR was removed, the PDF is not updated.

 

CCA goes to Hoist xxx, the creditor, the claimant, cohens stated client on their PAPLOC

though you could simply staple it to the LOC reply to cohen ....your call.