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Hoist/Cohen claimform - old LLoyds Card debt


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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.

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  • dx100uk changed the title to Robinson Way/Hoist/Cohen old LLoyds Card and OD debts
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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

Please read the following link and copy the Q,s and your responses back here for further advice. Read all the information within the link with regards to responding to the claim.    

Well at this point someone MAY read the paperwork and decide its not suitable. Tho l dont know if its still happening BUT when l was dealing with something for a friend  few years ago we did have a pr

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.

 

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi, thank you for the quick response.

 

38 minutes ago, dx100uk said:

with regards the card, did you send hoist a CCA request?

 

 

Yes we asked them for the original credit agreement but they only sent a statement of previous payments and charges, etc. Looking back at the communications, we actually asked for this information a year ago and they sprang into life a few months ago.

 

40 minutes ago, dx100uk said:

where was the Letter of claim and was that simply for the Card debt.

 

 

The letter of claim only referenced the OD not the credit card.

 

The last feedback we got from them was that they thought the credit card debt was not statute barred and would be sending information over regarding the OD.

 

Do I need to mention anything specific in the SRA to Lloyds?

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Sar Lloyds

just send it as is

 

let the od run, yours is not the next move.

 

as for the card send a cca request with the fee

 

Dx

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've asked for a postal address (via email as there was a older email exchange when asking for information originally) for communication in regards to these accounts but they've not replied. Can I send the CCA via email and send a hard copy to their registered address?

Edited by GY-UK
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gresham house i believe

don't use email.

 

dx

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi @dx100uk, they've provided the CCA for the credit card debt - June 2013. Last payment was November 2014. Default logged 2017.

 

Not heard anything back in regards to the student overdraft. Complete radio silence on that one.

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scan it all up to one multipage PDF

read our upload guide carefully.

 

probably ye olde 620,000 labelled rubbish they always trot out from their filing cabinet 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

they didn't Lloyds did upon or before sale, 

 

anything that they can use to ID its YOU here on CAG, inc AC / ref no's and QR or Barcodes or little numbers down the edges.

leave all figures dates etc etc .

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Hi @dx100uk - should have the PDF up this evening. Apologies again, the missus is dealing with someone ill in the family. We've removed all codes, and references, PII, etc. but just realised there are also certain TXN REF codes which will need to go. Removing those now.

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File attached. A couple of things

  • Page one states they can't find CRA or other information from Lloyds in regards to the overdraft account (this was requested over a year ago)
  • The other pages are for the Lloyds credit card - for some reason they've stated my credit limit as £15,000 instead of £1,500 and based their calculations off of that which is worrying in terms of data integrity
  • The last payment for the credit card was 2014 but it wasn't defaulted until 2017 (had no access to the account)

Let me know if you need anything else, many thanks.

 

 

 

CAG-GYUK-30-03-2021.pdf

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those statements whatever they are mean nothing they are not from the original creditor but some accounting system Robbersway have.

did you ever SAR lloyds?

 

to me it looks like both are now well statute barred (more than 6yrs since your last use or payment)??

 

dx

 

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yep cheers knew that, wanted to see if we needed to do anything else for the CC, appreciate the quick response 👍.

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you have already sent a CCA request for the credit card to robbersway.

they have failed to reply to date ?

 

what LLoyds hold on anything as a result of the SAR you most certainly don't, at this stage,  reveal the contents to RB.

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes we asked for CCA for OD and CC - they came back after a year and provided one for the CC but for the OD they said they have no information from Lloyds.

 

I will get a SAR over to Lloyds. These sharks shouldn't be allowed to log against peoples' credit files when they admit to having no (accurate) information.

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You say they sent the card cca back but we've never seen it, but i suppose that's pretty immaterial as the the card debt is sb'd and youve sent hoist our sb letter on that one anyway.

 

as for the OD ..you just need the sar from Lloyds (which you were advised to send back in jan) to find the actual last payment date so we can address what's next to do

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi yes Hoist/RB say CC is not SB because of the default date (in first post). 

 

Didn't do SAR before due to family reasons missus had to deal with (still is). 

 

I'll upload something from their complaints department they sent us (we never actually made a complaint, no point) after we made out they were being stupid.

 

They've totally ignored the OD being SB conversation, yet still update rubbish on credit file, will get the SAR over as soon as. 

 

Really appreciate the help you're offering so many people being preyed upon by these chancers especially in the current climate. 

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  • 2 weeks later...

Quick update, just had a County Court claim letter from Hoist regarding the credit card (the one with the late default in 2017 but last payment 2014).

 

I'll put it up later if I can sanitise 

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Quote

 County Court claim letter 

 

What's one of them ? ....a Pre Action Protocol letter ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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N1 court claim from MCOL......topic moved to Financial legal Issues Forum.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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  • dx100uk changed the title to Hoist/Cohen claimform - old LLoyds Card debt

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