Jump to content


  • Tweets

  • Posts

  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Robinson Way/Hoist/Cohen old LLoyds Card and OD debts


Recommended Posts

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.

Link to post
Share on other sites
  • dx100uk changed the title to Robinson Way/Hoist/Cohen old LLoyds Card and OD debts

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... 

Link to post
Share on other sites

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?

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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
Link to post
Share on other sites

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... 

Link to post
Share on other sites
  • 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.

Link to post
Share on other sites

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... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...