Hoist Finance and letter of claim Ex BC debt - court action?

[Greendeco]

Hi can anyone make sense of this because I can’t.

 

i got a pre court form from Cohen solicitors/hoist finance relating to an old Barclaycard debt I thought was time barred.

following advice from here, I sent back form asking for more info, stating time barred and did a SAR to Robinson Way.

 

Didn’t get a response within 30 days but following that got a letter saying they were still looking for information and all action on the account held.

just received a letter today (no copies of any original documentation though) that states:

 

we would like to now confirm the following details we hold for you which we hope resolves your dispute:

 

your account was passed to Hoist Finance UK holdings 1 limited on 26/07/17

 

the last payment on your account was for £25 on 29/07/14 (I dispute this and I’m going to ask for proof)

 

your default date is 26/02/12

 

your current balance is £5925

 

your account was opened with the original client on 30/11/01

none of the above has any documentary proof enclosed. 
 

As we have not been able to provide all details specific to your dispute we have marked your account as unenforceable, meaning we will not pursue any legal action, and informed our client to remove any reporting on your credit file, this will be actioned within 30 to 40 days.

 

the above account remains outstanding, and we want to work with you to agree an affordable arrangement based on your individual circumstances. Remember that making regular payments towards your account means that:

 

every month you make a payment your debt owed to us reduces and you will not receive collection letters and calls asking you to start paying (sounds like a threat to me)

 

they go on to say they may be able to offer a reduction on the amount I owe and to call them.

 

account on hold for 14 days after which collections activity will resume.

 

so they’ve told me the debt isn’t legally enforceable but they still want me to pay, is that right or am I misreading this? I’d appreciate some advice as I’m currently on ESA and PIP as had to give up work due to ill health and I can’t pay this. 
 

im thinking of going back and asking for copies of documentation backing up their dates and information because I’m pretty sure the last payment on this account was 2012. 
 

any advice gratefully received as CAB, debt advice in my area is totally backed up with long waiting lists.

 

thank you 

[AndyOrch]

Quote

so they’ve told me the debt isn’t legally enforceable but they still want me to pay, is that right or am I misreading this? 

 

 

No thats correct .....just because a debt is deemed unenforceable or possibly statute barred......DCAs normally will continue to harass and try to collect....unlike the original creditors.

 

But they wont litigate so its your choice to respond or ignore.

 

Andy

[Greendeco]

are there any downsides to ignoring? They aren’t allowed to phone me because I’ve got serious mental health issues, and I’m happy to keep putting the letters in the bin. 
I could do with changing my bank account though so I’d rather not have anything on my credit record. 

[AndyOrch]

Not really ...file all the threats...ignore all the calls (screen your calls).Changing your bank account wont clean your credit files...the default markers remain for 6 years from the date of default...paid or unpaid.

[dx100uk]

for a card from 2001 it would have been defaulted years ago so has been now been removed

never to return.

 

not sure where we advise ever sending an sar to a DCA?

send it to BC. esp as the supposed payment was made whilst they still owned it.

 

dx

 

 

[Greendeco]

I want to change my bank account because my current one is rubbish I’m not bothered about my credit record for getting overdraft or loan, just need a basic account. 
 

if they’ve informed me the debt is legally enforceable but they’re still going to chase me for repayment when does that tip over into harassment?

im thinking of writing to them stating I will not be paying the debt as it’s legally unenforceable and if they continue to hound me I will write to the FCA

[Greendeco]

4 minutes ago, dx100uk said:

for a card from 2001 it would have been defaulted years ago so has been now been removed

never to return.

 

not sure where we advise ever sending an sar to a DCA?

send it to BC. esp as the supposed payment was made whilst they still owned it.

 

dx

 

 

That was probably me misinterpreting the advice, as I had no paperwork to rely on I had no idea when the default happened and when the debt was passed on. 

[dx100uk]

not until it's sB'd

they are quite entitled to ask for payment.

 

 

[Greendeco]

If the last payment was 29/07/14 (which they have provided no proof for) then will the debt be statute barred this year, six years after that?

 

i do not think I’ve acknowledged the debt since then? 
 

should I keep asking for documentation? 

[Greendeco]

If the last payment was 29/07/14 (which they have provided no proof for) then will the debt be statute barred this year, six years after that?

 

i do not think I’ve acknowledged the debt since then? 
 

should I keep asking for documentation? 

[dx100uk]

you need to sar BC.

 

 

[Greendeco]

I’m tempted to write to them stating I won’t be paying as in my opinion the debt is statute barred, and unless they can prove otherwise, they need to stop trying to recover. 
This should at least give me the date on which the debt will become statute barred if it’s not already because they can’t prove it isn’t. 
 

I will SAR BC 

[dx100uk]

you don't start pointless letter tennis.

 

 

[Greendeco]

Ok I’ll stick to sending SAR to BC and see what that brings

 

thank you very much for your help and advice