Too Late to Argue Statute Barred? ALSO, debt 're-assigned'

[Angelai]

I am not sure what the status is of my ongoing wrangle with Hoist. There was a hearing due in August, but: As far as I know - the judge didn't dismiss before hearing, but did advise that further documentation was required from the claimant. I received copies of the required paperwork about 2 days before the proposed hearing. I have heard nothing from the court since the letter advising me that they had asked the claimant for more paperwork.

At this point, I have no idea if the hearing was due to go ahead in August, or not. Last week, I received a letter from Hoist about reassigning the debt to another company (also Hoist - I'm baffled). Today, I have received a letter from Hoist's solicitors enclosing copies of all relevant paperwork - and referring to a hearing date of 18 December. The information they have sent me is much more complete - and includes a date for the issue of a Default Notice of May 2012. My question, I think, is: can I now defend it as Statue Barred? No hearing has taken place, and I have not acknowledged the debt - I did, however, agree to mediation in the original court papers MANY MONTHS ago (before May/the 6 year period end). I have checked money claim online, there is nothing listed since my defence in April. I am at a loss as to what is actually going on with regards to a court hearing - should I have received more from them, after Hoist (at the last second) submitted what they were asking for? I can't help wondering if Hoist are trying it on...

Thanks for any input.

[Angelai]

Ok, I have looked property at the Notice of Assignment I received:

Dated October 2018

"Notice of Assignment

HPH2 has assigned all of its respective rights, interest, benefit and entitlement in respect of the of the above referenced account (including the Outstanding Balance) to HFUKH1L.

The assignment has simply taken place as part of a Hoist Finance Group restructure where ownership of your account has been transferred from one part of the Hoist Finance Group to another..."



The letter I received today refers to Hoist Portfolio Holding 2 Limited - v - myself. If HPH2 no longer have any 'interest' in my account, surely everything that has gone via the court so far is irrelevant? They will have to start again?

[Amethyst]

They will have to update the court with the new claimant details.

I would give the court a call and check the current status of the claim. You haven't been informed of a hearing on the 18th December by the sounds of it so something may have gone astray in the post. You can contact either the Northampton County Court Business Centre or the court where your August hearing was meant to take place.

I am a little confused about MCOL though

nothing listed since my defence in April.

- but you have agreed to Mediation and there was an order from the court for documents which would indicate you have completed a Directions Questionnaire and the case transferred - which should really show on MCOL.

I think all you can do for now is contact the court, check the status and once you know that you can look at the documents you have received and make a decision what to do next.

You are right on the statute barring though - if the claim was issued before the 6 years was up, then it won't be going statute barred unless the claim was discontinued / dismissed.

This the NoA you've received?

[Angelai]

Thank you, Amethyst. I will go through all of the paperwork again to see if I can make any sense of it.

As for them updating the court - if they had done that, surely the letter I received today would have the new claimant details on?

[Angelai]

The last 'transaction' showing is "transferred to XX court" July 2018

Yes, that's the one!

[Angelai]

I have just spoken to the court - hearing date 18 December - they are 'resending' the paperwork. I guess I have no defence now, as Hoist have FINALLY provided all of the documents that I asked for 6 months ago...